With the usage
of our domain maintenance services, connecting
to or uploading your files to our
server(s) and/or the use of our email services,
you hereby agree to the terms of this "Terms
of Service Agreement". If you do not agree
to the terms of this "Terms of Service
Agreement", at anytime, you shall permanently
and immediately discontinue use of any and
all of our services... And immediately send
us written notice of your intent to cancel
this agreement.
The policies and guidelines expressed herein
supplement the rights and obligations of the
parties under the Terms of Service Agreement
of even date. This document establishes operating
principles and acceptable use policies as they
relate to the Customer's use of the Internet
and the connection/services provided by Invisitec
to the Customer under this Terms of Service Agreement.
The Internet is a voluntary association of users
interested in and willing to exchange information
and data with other Internet users. At present
there is no oversight group providing governance
over the principles, policies or procedures for
use of the Internet or the information and data
accessed via the Internet.
In order to facilitate their contractual relationship,
the Customer and Invisitec wish to define a working
protocol of principles and policies and establish
operating guidelines and acceptable standards
of use of the Internet.
To this end, the parties also agree as follows:
1. Responsibility and Respect -
The Internet is a network intended for use
by mature, adult
users. The Customer recognizes this principle
and undertakes at all times to act with respect,
courtesy and responsibility, giving due regard
to the interests and rights of other Internet
user groups.
a) Knowledge of the Internet -
The Customer agrees to obtain a basic knowledge
of the Internet and
its operating principles and procedures.
b) Improper Uses - The Customer
will avoid violation of certain generally
accepted guidelines on Internet
usage such as restrictions on mass mailings
and mass advertisements, pirating or copying
of software,
mail bombing or other methods of attempting
to deny service or access to other users,
attempts
to violate security, or otherwise promoting
any of these unacceptable activities.
c) Compliance with Laws -
The Customer will ensure that its use of
the Internet complies with all
applicable federal, state and local law and
regulation, including but not limited to
those principles
of law which protect against the compromise
or infringement of copyrights, trademarks,
trade
secrets, proprietary information and other
intellectual property rights, libel or defamation
of character,
invasion of privacy, tortuous interference,
and export of technical or military data
to prohibited
countries.
d) Validation of Information -
The Customer is responsible for validating
the integrity of the
information and data it receives or transmits
over the Internet.
e) Security - The Customer
is required to protect the security of its
Internet account and usage.
The Customer(s) password will be treated
as private and confidential and will not
be disclosed to
or shared with any third parties by Invisitec.
Should the customer disclose their password
to any third party, the customer agrees to
take
full responsibility for the actions of said
third party in connection with their account.
The customer
is responsible for their own data and is
advised to keep backups of all data stored
on our servers.
The customer agrees that Invisitec will not
be held responsible for any loss of data
residing
on the customer's website or domain.
f) Discretion and Judgment -
The Customer is expected to use discretion
in the treatment and
handling of Internet information and data
and to take particular care to insure that
adult
information is not transmitted to juvenile
users of the Internet.
g) Pornography - Due to
legal and social issues, we will not accept
any new customers who publish
pornographic images. We do not allow any
pornographic content on our server, including
but not limited
to pornographic images, explicit language,
or sexual fiction. If an existing customer
publishes
pornographic images, Invisitec may suspend
and/or cancel your account immediately.
Additionally: No site that promotes porn or will
be allowed on our servers, this includes BANNERS,
CLICKER SITES, EDITORIALS, STORIES, NUDE PHOTOGRAPHS,
EXPLICIT LANGUAGE, SEXUAL FICTION, or ANYTHING
...that Invisitec deems inappropriate for our
servers. If an existing customer publishes pornographic
images, Invisitec will remove your site from
our server and all monies paid will be forfeited.
h) Excessive CPU usage's -
Customers will not be allowed to use excessive
amounts of CPU processing
on any of our servers or face immediate suspension.
For example:
1) A few customers have tried re-selling
our counters or auto responders to the
rest of the
world which caused an excessive amount of requests
on our server(s).
2) Email bombs.
3) Re-selling CGI access to other 3rd parties
4) IRC Daemons, are strictly prohibited
5) Auto responder scripts or systems without
our consent.
i)
SPAM, Bulk Email, Unsolicited Commercial
Email - ALL DOMAINS AND IP's maintained by
Invisitec
ARE PROHIBITED from submitting or sending
SPAM of any type. This includes but not
limited
to using our Email server or any other BULK
EMAIL
submission service, i.e. Cyber Promotions.
This includes but is not limited to the the
use of
the Domain Name or an Email Address for the
Domain Name in the actual Spam or Bulk Email.
If we
receive a complaint on a SPAM or BULK EMAIL
from a Domain maintained on our servers,
the account
will be subject to suspension and/or cancellation
without notice.
Any mailing scripts on our network must use
confirmed opt-in, there is no exception to
this rule. Those found not to be using confirmed
opt-in will be suspended or deleted without
notice.
Autoresponder scripts or systems require our
consent before they are installed or used on
our servers!
j) Bandwidth Usage - Hosting Accounts will
be limited to their plan's bandwidth quota.
k) Payments & Billing - Any account/domain
not paid within 10 days will be suspended.
Any account/domain not paid within 10 days
will be terminated from the server without
prior notice. It is the customer's responsibility
to know when their due date is and to keep
their email address on file with us, current
and valid.
Invisitec always reserve the right to suspended
or terminated any account as it deems necessary
and without prior notice.
Any customer that changes their billing information
and enters false information, will have their
account suspended or without notice.
Your billing information must be current,
true and accurate at all times.
Account cancellations must be submitted by
our cancellation form located at https://rembrandtent.com/secure/cancel.htm
2. Limitation on Liability - INVISITEC., ITS
LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS,
EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS,
WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES
OF ANY KIND, INCLUDING, WITHOUT LIMITATION,
LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING,
EMOTIONAL DISTRESS OR SIMILAR DAMAGES, EVEN
IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE
LIABILITY OF INVISITEC. AND ITS LICENSORS,
SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES,
AGENTS, OFFICERS AND DIRECTORS TO YOU OR ANY
OTHER PERSON (REGARDLESS OF THE FORM OF ACTION,
WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER
LEGAL THEORY, INCLUDING, WITHOUT LIMITATION,
NEGLIGENCE OR STRICT LIABILITY) EXCEED THE
AMOUNT, IF ANY, YOU HAVE PAID TO INVISITEC.
TO USE THE WEB SITE AS PROVIDED IN THESE TERMS
AND CONDITIONS FOR THE APPLICABLE CONTENT OR
SERVICE OUT OF WHICH LIABILITY AROSE.
3. Indemnity - You will indemnify
and hold Invisitec and Rembrandt Enterprises,
its licensors, content providers,
service providers, employees, agents, officers,
directors and contractors (the "Indemnified
Parties") harmless from Your breach of
any of these Terms And Conditions or any other
terms, conditions, policies or procedures contained
on the Web site, including, without limitation,
any use of Content other than as expressly
authorized in these Terms and Conditions. You
agree that the Indemnified Parties will have
no liability in connection with any such breach
or unauthorized use, and You agree to indemnify
and hold harmless the Indemnified Parties from
any and all resulting loss, damages, judgments,
awards, costs, expenses, and attorneys’ fees
in connection therewith. You will also indemnify
and hold the Indemnified Parties harmless from
and against any claims brought by third parties
arising out of Your use of the information
accessed from the Web site.
Invisitec reserves the right to suspend or
terminate services for any customer, at any
time, as it deems necessary, with or without
prior notice.
This concludes the Terms of Service Agreement.
By ordering web hosting and using our services,
you are stating that you have read and agree
to the above "Terms of Service Agreement".
Invisitec & Rembrandt Enterprises
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