|
1.0 The TAC comprises the
entire agreement between Provider and Client, and supersedes any prior
agreements between you and Provider with respect to the subject matter of
the TAC. Provider may revise the TAC at any time, and such revision shall
be effective ten (10) days after notice of the proposed revision is sent
to you via electronic mail to the address we have on file. You agree to
review the TAC periodically to be aware of such revisions. If any such
revision is unacceptable to you, you may terminate your contract for
service with Provider as provided in Section 13 below. Your continued use
of Provider's services following the Effective Date of any such revision
to the TAC shall be conclusively deemed as your acceptance of all such
revisions.
2.0 Client will use
the Virtual Server services in a manner consistent with any and all
applicable laws of the US Federal Government and applicable laws of other
countries.
3.0 Provider
reserves the right, in its sole discretion, to deactivate the Client's
Virtual Server account(s) upon an indication of credit problems including
delinquent payments.
4.0 THE
PROVIDER SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. THE
PROVIDER GIVES NO WARRANTY, EXPRESSED OR IMPLIED, FOR THE VIRTUAL SERVER
SERVICES PROVIDED, INCLUDING, WITHOUT LIMITATION, WARRANTY OF
MERCHANTABILITY AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THIS NO
WARRANTY EXPRESSLY INCLUDES ANY REIMBURSEMENT FOR LOSSES OF INCOME DUE TO
DISRUPTION OF SERVICE BY PROVIDER OR ITS PROVIDERS BEYOND THE FEES PAID BY
CLIENT TO PROVIDER FOR SERVICES.
5.0 Provider is not responsible for any damages arising from Client's
use of Provider or by Client's inability to use the Virtual Server
services for any reason.
6.0
While Provider shall make every reasonable effort to protect and backup
data for Client on a regular basis, Provider is not responsible for
Client's files residing on Provider. Client is solely responsible for
independent backup of data stored on Provider.
7.0 CLIENT HEREBY AGREES THAT
ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER THROUGH CLIENT'S
ACCOUNT(S) WILL NOT VIOLATE OR INFRINGE ANY COPYRIGHT, TRADEMARK, PATENT,
STATUTORY, COMMON LAW OR PROPRIETARY RIGHTS OF OTHERS, OR CONTAIN ANYTHING
LIBELOUS OR HARMFUL. ANY POTENTIALLY ILLEGAL ACTIVITY MAY BE BE
DEACTIVATED WITHOUT WARNING BY THE PROVIDER. CLIENT HEREBY AGREES TO
INDEMNIFY AND HOLD HARMLESS THE PROVIDER FOR ANY CLAIM RESULTING FROM THE
SUBMISSION OF ILLEGAL MATERIALS.
8.0 CLIENT HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION
ON PROVIDER THROUGH CLIENT'S ACCOUNT(S) WILL NOT CONTAIN ANYTHING LEADING
TO AN ABUSIVE OR UNETHICAL USE OF THE VIRTUAL SERVER PRODUCT(S) OR THE
HOST SERVER(S). ABUSIVE AND UNETHICAL MATERIALS AND USES INCLUDE, BUT ARE
NOT LIMITED TO PORNOGRAPHY, OBSCENITY, VIOLATIONS OF PRIVACY, COMPUTER
VIRUSES, AND ANY HARASSING AND HARMFUL MATERIALS OR USES. CLIENT HEREBY
AGREES TO INDEMNIFY AND HOLD HARMLESS THE PROVIDER FROM ANY CLAIM
RESULTING FROM YOUR PUBLICATION OF MATERIALS OR YOUR USE OF THOSE
MATERIALS. PROVIDER MAY OR MAY NOT GIVE NOTICE BEFORE DEACTIVATING THE USE
OF AN ACCOUNT(S) WHICH THE PROVIDER DECIDES IS AN ABUSIVE OR UNETHICAL USE
OF THE VIRTUAL SERVER ACCOUNT(S) OR HOST SERVER(S).
9.0 Due to the public nature
of the Internet, all information should be considered publicly accessible,
and important or private information should be treated carefully. Provider
is not liable for protection or privacy of electronic mail or other
information transferred through the Internet or any other network provider
or its customers may utilize.
10.0 Use of distribution lists via unsolicited electronic mail or
other mass electronic mailings is strictly prohibited. The Provider
reserves the right to deactivate the Client's Virtual Server account(s)
upon an indication of such activity. Client hereby agrees to indemnify and
hold harmless the provider from any claim resulting from the Client's or
another party's use of electronic mail service(s) on the Client's Virtual
server account(s).
11.0 In the event
it is necessary to refer any dispute to an attorney or resolve it in a
court of law, the prevailing party will be entitled to an award of
reasonable attorney's fees and all costs associated with any legal action,
whether or not a suit shall actually be filed.
12.0 Provider maintains control and
any ownership of any and all I.P. numbers and addresses that may be
assigned to Client and reserves in its sole discretion the right to change
or remove any and all IP numbers and addresses.
13.0 Termination. Either Client or
Provider may terminate use of Provider's services and/or Virtual Servers
at any time. Subscriber's only right and sole remedy with respect to any
dissatisfaction with any (i) TAC term, or policy or practice of Provider,
(ii) Content available through Provider or change therein, or (iii) amount
or type of fees or billing methods, or change therein, is to terminate
Subscribership by delivering a 30 day notice to Provider. Should such
notice of termination be delivered and acknowledged as delivered by
Provider, termination will be effective within 48 hours. In the event that
a Client's account is terminated or canceled, no refund of any fees,
including monthly Service fee, will be granted and any time credited to
Client's account(s) is not convertible to cash or other form of
credit. |
|
