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Terms & Conditions
The following are the Terms & Conditions that must be agreed upon
in order to sign-up with Inet7 Internet Services, Inc.
Inet7 may change these Terms & Conditions upon notice to Account
Holder, which notice may be provided by posting such announcement of
the amended Term & Conditions by e-mail to the account holder.
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This is an agreement between you (�Account Holder�) and Inet7 Internet
Services, Inc., for itself and on behalf of its affiliates (�Inet7�)
regarding your use of Inet7's computer, interactive information, communication
and server management services related to hosting one or more websites
("Services").
OVERVIEW
1.1 General.
This Agreement governs the terms and conditions under which Inet7 makes
the Services offered by Inet7 available. Under this Agreement, you must
comply with Inet7 's "Acceptable Use Policy," as updated from time to
time by Inet7, as set forth at the bottom of this Agreement. PLEASE
READ THESE TERMS AND CONDITIONS CAREFULLY. BY SUBMITTING SUBSCRIBER
INFORMATION, REGISTERING, AND ACTIVATING THE WEB HOSTING ACCOUNT, YOU
ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO, THIS AGREEMENT.
IF YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS
AGREEMENT, DO NOT SUBMIT THE SUBSCRIBER INFORMATION OR ACTIVATE THE
WEB HOSTING ACCOUNT.
TERM
2.1 Term Commencement.
This agreement ("Agreement") becomes effective when Account Holder inputs
subscriber information, registers and activates their account.
2.2 Initial Term.
Inet7 will host an account for Account Holder, for the Account Holder�s
registered domain name, for the period of time corresponding with the payment
plan chosen by the Account Holder in the registration process (the �Initial
Term�).
2.3 Renewal term(s).
If Account Holder wishes to terminate the Services at the end of the
Initial Term or any subsequent Renewal Terms, notice of intent to terminate
must be given either electronically (E-mail)
or written, at least 1 day prior to the termination date. If Account
Holder fails to notify Inet7 of its intent not to renew, this Agreement
will be automatically renewed for a period equal to the Initial Term
("Renewal Term") at Inet7's then-current rates and charges.
FEES AND PAYMENT TERMS
3.1 Fees and Expenses.
Unless modified in accordance with Section 3.3. Account Holder will pay all
fees due according to the prices and terms selected during the registration
process.
3.2 Payment Terms.
Inet7 reserves the right to require a security deposit prior to provisioning
Service. All installation fees and non-recurring charges, along with
the first month�s service fees, shall be due and payable within 14 days
of invoice date. Thereafter, recurring fees will be invoiced according
to the service term billing cycle set forth in the initial subscribers
information order form. Accounts that are past due by more than thirty
(30) calendar days shall be subject to immediate suspension of service(s),
with or without the grant of a notice or cure period, such notice or
cure period to be granted at the sole discretion of Inet7. Reactivation
of the service after suspension requires the account to be paid using
a Visa, MasterCard or American Express Credit card. Accounts that are
past due by more than sixty (60) days will be terminated and all files
removed from Inet7 systems. Reactivation of a terminated or canceled
account for any reason may require the payment of additional installation
charges and is subject to the availability of facilities. If the subscriber
fails to pay for any reason, Inet7 reserves the right to solicit the
services of a Collection Agency. All inquiries regarding payment or
your account should be directed to
[email protected] or 651-293-0837
3.3 Price Changes.
During the initial term of this Agreement, Account Holder will not be charged
an amount greater than the price set for the Services thereunder. Inet7, however,
reserves the right, without prior notice, after such Initial Term, to change the
prices charged to the Account Holder for the services provided by Inet7. Upon
renewal, as provided in paragraph 2.2 above, the prices charged may be changed to
the then prevailing price for the Services.
3.4 Taxes.
Account Holder shall pay or otherwise be responsible for all federal,
state, or local sales, use, excise, gross receipts, municipal fees,
transfer, transaction, property, or similar taxes, fees, or surcharges
(hereinafter �Tax�) imposed on, or with respect to, the Services under
this Agreement.
ACCOUNT HOLDER OBLIGATIONS
4.1 Warranties of Account Holder.
Account Holder represents and warrants that; (i) Account Holder is not a minor
and is legally capable of entering into this Agreement, (ii) the performance of
its obligations and use of the Services (by Account Holder, its customers and users)
will not violate any applicable laws, regulations or cause a breach of any
agreements with any third parties or unreasonably interfere with other Inet7
customers� use of Inet7 services; (iii) Account Holder is not a resident of any
country or affiliated with any of organization prohibited to do business within
the United States as defined and set forth at:
http://www.treas.gov/ofac and
http://www.bxa.doc.gov/DPL/denialist.html
and (iv) that it will strictly comply with the Inet7 Acceptable Use Policy, as set
forth below, and these Terms and Conditions.
4.2 Compliance with Law and Inet7 Acceptable Use Policy and Terms and Conditions.
Account Holder agrees that it has received, read and understands the Inet7
Acceptable Use Policy. The Inet7 Acceptable Use Policy contain restrictions
on Account Holder�s and Account Holder�s users� online conduct (including
prohibitions against unsolicited commercial email) and may contains financial
penalties for violations of such restrictions. In the event of Account Holder
fails to comply, Account Holder agrees to pay the financial penalties in accordance
with the Inet7 Acceptable Use Policy. Inet7 may change the Inet7 Acceptable Use
Policy upon notice to Account Holder, which notice may be provided by posting
such announcement of the amended Acceptable Use Policy within the Inet7 User
Forums Web site http://forums.inet7.com
4.3 Prohibited Uses.
In addition to those matters set forth in the Inet7 Acceptable Use Policy,
Account Holder shall not post, transmit, retransmit or store material on or
through any of Services which, in the sole judgment of Inet7 (i) is in violation
of any local, state, federal or non-United States law or regulation, (ii) is
threatening, obscene, indecent, defamatory or that otherwise could adversely
affect any individual, group or entity (collectively, "Persons") or (iii)
violates the rights of any person, including rights protected by copyright,
trade secret, patent or other intellectual property or similar laws or
regulations including, but not limited to, the installation or distribution of
"pirated" or other software products that are not appropriately licensed for
use by Account Holder. Account Holder agrees to indemnify and hold harmless
Inet7 from any claims resulting from the use of the services which damages
Account Holder or any other party.
4.4 Government Regulations.
The Account Holder will not export, re-export, transfer, or make available,
whether directly or indirectly, any regulated item or information to anyone
outside the U.S. in connection with this Agreement without first complying with
all export control laws and regulations which may be imposed by the U.S.
Government and any country or organization of nations within whose jurisdiction
the Account Holder operates or does business. Account Holder shall be responsible
for determining what laws or regulations are applicable to its use of the Services
and Products. Account Holder shall, upon the request of Inet7, provide Inet7
assurance of Account Holder�s compliance with those laws. Account Holder
acknowledges that Inet7 exercises no control whatsoever over the content of the
information passing through Account Holder�s site(s) and that it is the sole
responsibility of Account Holder to ensure that the information it and its users
transmit and receive complies with all applicable laws and regulations and the
Inet7 Acceptable Use Policy.
4.5 IP ADDRESS.
IF INET7 ASSIGNS THE ACCOUNT HOLDER AN INTERNET PROTOCOL ADDRESS IN CONNECTION
WITH THE ACCOUNT HOLDER�S USE OF THE INET7 SERVICES, THE RIGHT TO USE THAT INTERNET
PROTOCOL ADDRESS WILL REMAIN WITH AND BELONG ONLY TO INET7, AND THE ACCOUNT HOLDER
SHALL HAVE NO RIGHT TO USE SUCH INTERNET PROTOCOL ADDRESS EXCEPT AS ALLOWED BY INET7
IN ITS SOLE AND ABSOLUTE DISCRETION.
4.6 Passwords; Account Ownership.
The Account Holder shall be responsible for maintaining security of
its password. Inet7 will not change passwords to any account without
proof of identification, which is satisfactory to Inet7, which may include
written authorization with signature. In the event of any dissolution
of a corporation or partnership, divorce or other legal action that
includes Account Holder, Account Holder understands that Inet7 will
remain neutral and may put the account on hold until final adjudication
of the disposition of the domain name by a court with appropriate jurisdiction.
Under no circumstances will Inet7 be liable for any losses incurred
by Account Holder during this time of determination of ownership, or
otherwise. The Account Holder agrees to indemnify and hold harmless
Inet7 from any and all Claims arising from such ownership disputes.
In the event of a breach of security through the Account Holder's account,
the Account Holder will be liable for any unauthorized use of the Inet7
services, including any damages resulting therefrom, until the Account
Holder notifies Inet7 �s customer service.
4.7 Data Files; Account Ownership.
The Account Holder shall be responsible for maintaining a complete and
current copy of their data files at a remote location from Inet7 Inernet
Services, Inc. This includes, but is not limited to, html documents,
application installers, DLL, data bases, images, audio, video, and any
other form of documents or informaiton that is stored on, created by,
or otherwise required for their system and operations to function.
4.8 Marketing.
Account Holder shall not use Inet7's name or any language, pictures or symbols which
could, in Inet7's judgment, imply Inet7's identity in any (i) written or oral advertising
or presentation, or (ii) brochure, newsletter, book, or other written material of whatever
nature, without prior written consent.
4.9 Taxes.
Account Holder is responsible for the charging and collecting from its end user customers
any and all applicable taxes. If the Account Holder fails to impose and/or collect any tax
from end users or its other retail customers as required herein, then, as between Inet7
and the Account Holder, the Account Holder shall remain liable for such uncollected tax
and any interest and penalty assessed thereon with respect to the uncollected tax by the
applicable taxing authority. With respect to any tax that the Account Holder has agreed
to pay or impose on and/or collect from end users or its other retail customers, the
Account Holder agrees to indemnify and hold harmless Inet7 for any costs incurred as a
result of actions taken by the applicable taxing authority to collect the tax from Inet7
due to the failure of the Account Holder to pay or collect and remit such tax to such
authority.
4.10 Audit Rights.
Inet7 reserves the right to audit Account Holder�s site, and the materials comprising
the site, at any time. If the audit reveals any act or omission which, in Inet7�s sole
opinion, constitutes a violation of this Agreement or any local, state, federal or
foreign law or regulation, Inet7 may immediately shut down the site, and notify Account
Holder of the action. Account Holder agrees that it waives any cause of action or claim
it may have against Inet7 for such action.
4.11 Investigation.
Account Holder understands that Inet7 may conduct an investigation into the Account
Holder, Account Holder's business, and/or its owners, officers, directors, managers and
other principals. Based upon that investigation, Inet7 reserves the right to refuse to
do business with Account Holder, or to stop doing business with Account Holder. Account
Holder agrees to hold Inet7 harmless for any damages arising out of any form or cause of
action, that could arise from Inet7�s actions. These audits or investigations will be
conducted solely for the Inet7�s benefit, and not for the benefit of Account Holder or
any third party.
4.12 No Third Party Beneficiaries.
Inet7 and the Account Holder agree that, except as otherwise expressly provided in this
Agreement, there shall be no third party beneficiaries to this Agreement, including but
not limited to the insurance providers for either party or the customers of the Account
Holder. The Account Holder agrees that it shall specifically inform its customers that
they are not third party beneficiaries of this Agreement.
4.13 Breach of Warranties.
In the event of any breach of any of the foregoing warranties, in addition
to any other remedies available at law or in equity, Inet7 will have
the right, in its sole reasonable discretion, to suspend immediately
any related Services if deemed reasonably necessary by Inet7 to prevent
any harm to Inet7 and its business. Inet7 will provide notice and opportunity
to cure if practicable depending on the nature of the breach. Once cured,
Inet7 will restore the Service(s) as soon as practical.
4.14 Termination for Violation.
Violations of these or any other provisions of this Agreement may result
in termination of the services provided by Inet7 in its discretion,
with or without the grant of a notice or cure period, such notice or
cure period to be granted at the sole discretion of Inet7 based upon
the severity of the violation. Inet7 reserves the right to refuse service
if any of the content within, or any links from, the Account Holder�s
website is deemed prohibited unlawful, unlicensed, illegal, misleading,
or obscene, or is otherwise in breach of Inet7�s then current �Acceptable
Use Policy� in Inet7�s sole discretion. If Inet7 terminates the services
being provided to the Account Holder due to a violation of the Acceptable
Use Policy, such termination shall be without refund Notwithstanding
anything in this Agreement, the content of the Account Holder�s website
is the sole responsibility of the Account Holder. The Account Holder
agrees to indemnify and hold harmless Inet7 from any and all claims,
losses, damages, liabilities, judgments, or settlements, including reasonable
attorney's fees, costs, and other expenses incurred by Inet7, (collectively,
�Claims�) related to or in connection with the content of the Account
Holder�s website. The terms of this Section will survive any termination
of this Agreement. If the Account Holder sells or resells advertising
or webspace to a third party, then the Account Holder shall be responsible
for the contents of such advertising and the actions of such third party.
Inet7 has the absolute right to reject any advertising or other third
party content that is illegal, offensive or otherwise in breach of the
then current Inet7 �Acceptable Use Policy�. The e-mail distribution
by the Account Holder of "SPAM", "JUNK MAIL", or "UNSOLICITED COMMERCIAL
E-MAIL", is expressly prohibited. If the Account Holder refuses to remove
any advertising or other third party content deemed objectionable by
Inet7, Inet7 may terminate the services being provided to the Account
Holder, without refund.
INET7 REPRESENTATIONS AND WARRANTIES
5.1 Authority and Performance of Inet7.
Inet7 represents and warrants that (i) it has the legal right to enter
into this Agreement and perform its obligations hereunder, and (ii)
the performance of its obligations and delivery of the Services to Account
Holder will not violate any applicable U.S. laws or regulations, or
cause a breach of any agreements with any third parties. Inet7 warrants
that it is either the owner or licensee of any software involved herein
and all documentation related to any such software, and has the right
and power to deliver and license the software and all documentation
related to the software.
5.2 No Other Warranty.
EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION 5 OR APPLICABLE
SERVICE LEVEL AGREEMENTS (SLA'S) THAT ARE AGREED UPON BY BOTH PARTIES
AS INDICATED BY SIGNED CONTRACTS BETWEEN THE SUBSCRIBER AND INET7 OFFICERS,
THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS, AND ACCOUNT HOLDER'S
USE OF THE SERVICES IS AT ITS OWN RISK. INET7 DOES NOT MAKE, AND HEREBY
DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM
A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. Inet7 DOES NOT WARRANT
THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
Inet7 DOES NOT WARRANT THAT THE SOFTWARE, INCLUDING SECURITY SOFTWARE,
OPERATES WITHOUT ERROR OR WILL PREVENT THIRD PARTY HACKING OR ACCESS
TO ACCOUNT HOLDER'S NETWORKS. IN THE EVENT OF A BREACH OF THE WARRANTIES
SET FORTH IN THIS SECTION 5, ACCOUNT HOLDER�S SOLE REMEDY IS TERMINATION
PURSUANT TO SECTION 9 OF THE AGREEMENT.
LIMITATION OF LIABILITY
6.1 Service Interruption.
Inet7 will use its best efforts to maintain a full time Internet presence
for the Account Holder as it relates to the services offered by Inet7.
The Account Holder hereby acknowledges that the network may, at various
time intervals, be down due, but not limited to, utility interruption,
equipment failure, natural disaster, acts of God, or human error. In
no event shall Inet7 be liable to the Account Holder for any damages
resulting from or related to any failure of services or delay of Inet7
in providing access to our services under this Agreement.
6.2 Disclaimer of Actions Caused by and/or Under the Control of
Third Parties.
INET7 DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM INET7'S
NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE
PART ON THE PERFORMANCE CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS
OR INACTION'S OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT ACCOUNT HOLDER�S
CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). ACCORDINGLY, INET7
DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.
6.3 Disclaimer of Actions Caused by and/or Under the Control of
Account Holder.
INET7 SHALL NOT BE RESPONSIBLE FOR ANY FAILURES, REPAIRS OR MODIFICATIONS
NECESSITATED BY THE ACCOUNT HOLDER�S ALTERATION OF THE OPERATING SYSTEM,
INCLUDING ANY AND ALL OPERATIONAL ISSUES WHICH MAY ARISE AS A RESULT
OF THE ADDITION OF SOFTWARE BY ACCOUNT HOLDER. INET7 SHALL NOT BE LIABLE
FOR ANY DELAY IN PROVIDING OR ANY FAILURE TO PROVIDE SERVICES IF SUCH
DELAY IS CAUSED BY FORCES BEYOND THE REASONABLE CONTROL OF INET7.
6.4 Consequential Damages Waiver.
IN NO EVENT SHALL INET7 BE LIABLE TO THE ACCOUNT HOLDER FOR ANY INDIRECT,
SPECIAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATED
TO THIS AGREEMENT OR THE PERFORMANCE OR BREACH THEREOF. THE AGGREGATE,
TOTAL LIABILITY OF INET7 UNDER THIS AGREEMENT, IF ANY, SHALL IN NO EVENT
OR CIRCUMSTANCE EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY THE ACCOUNT
HOLDER HEREUNDER. THE TERMS OF THIS SECTION WILL SURVIVE ANY TERMINATION
OF THIS AGREEMENT.
6.5 Basis of the Bargain; Failure of Essential Purpose.
The parties acknowledge that Inet7 has set its prices and entered into
this Agreement in reliance upon the limitations of liability and the
disclaimers of warranties and damages set forth herein, and that the
same form an essential basis of the bargain between the parties. The
parties agree that the limitations and exclusions of liability and disclaimers
specified in this Agreement will survive and apply even if found to
have failed of their essential purpose.
INDEMNIFICATION
7.1 Indemnification.
The Account Holder agrees to indemnify and hold Inet7 harmless from
any and all claims or causes of action of any kind or nature, arising
out of or related to Account Holder�s use of products and services purchased
from or provided by the Inet7, as well as all claims or causes of action
of any kind or nature brought by any third party, or any of Account
Holder�s own customers. The Account Holder and Inet7 will promptly notify
the other upon receipt of any Claim or legal action arising out of activities
conducted pursuant to this Agreement. The rights and responsibilities
established in this paragraph will survive any termination of this Agreement.
INTELLECTUAL PROPERTY
8.1 Ownership.
Except for the rights expressly granted herein, this Agreement does
not transfer from Inet7 to Account Holder any Inet7 developed technology,
and all right, title and interest in and to such technology will remain
solely with Inet7. Except for the rights expressly granted herein, this
Agreement does not transfer from Account Holder to Inet7 any Account
Holder developed technology, and all right, title and interest in and
to such technology will remain solely with Account Holder. Inet7 and
Account Holder each agrees that it will not, directly or indirectly,
reverse engineer, decompile, disassemble or otherwise attempt to derive
source code or other trade secrets from the other party.
8.2 General Skills and Knowledge.
Notwithstanding anything to the contrary in this Agreement, Inet7 will
not be prohibited or enjoined at any time by Account Holder from utilizing
any skills or knowledge of a general nature acquired during the course
of providing the Services, including, without limitation, information
publicly known or available or that could reasonably be acquired in
similar work performed for another customer of Inet7.
Termination
9.1 Termination For Cause.
Either party may terminate this Agreement if: (i) the other party breaches
any material term or condition of this Agreement and fails to cure such
breach within thirty (30) days after receipt of written notice of the
same, except in the case of failure to pay fees, which must be cured
within five (5) days after receipt of written notice from Inet7; (ii)
the other party becomes the subject of a voluntary petition in bankruptcy
or any voluntary proceeding relating to insolvency, receivership, liquidation,
or composition for the benefit of creditors; or (iii) the other party
becomes the subject of an involuntary petition in bankruptcy or any
involuntary proceeding relating to insolvency, receivership, liquidation,
or composition for the benefit of creditors, if such petition or proceeding
is not dismissed within sixty (60) days of filing.
9.2 Liability for Termination.
Neither party will be liable to the other for any termination or expiration
of any Service or this Agreement in accordance with its terms. In the
case of Customer�s termination or cancellation without cause, Customer
shall be immediately liable to Inet7 for all rates and charges through
the Term, less Inet7�s reasonable avoided costs.
9.3 Effect of Termination.
Upon the effective date of termination of this Agreement: (a) Inet7
will immediately cease providing the Service(s); and (b) any and all
payment obligations of Customer under this Agreement for Service(s)
provided through the date of termination will immediately become due.
MISCELLANEOUS PROVISIONS
10.1 Force Majeure.
Except for the obligation to make payments, neither party will be liable
for any failure or delay in its performance under this Agreement due
to any cause beyond its reasonable control, including, but not limited
to, acts of war, acts of God, earthquake, flood, embargo, riot, sabotage,
labor shortage or dispute, governmental act or failure of the Internet
(not resulting from the actions or inaction�s of Inet7), provided that
the delayed party: (a) gives the other party prompt notice of such cause,
and (b) uses its reasonable commercial efforts to promptly correct such
failure or delay in performance. If Inet7 is unable to provide Service(s)
for a period of thirty (30) consecutive days as a result of a continuing
force majeure event, the Account Holder may cancel the Service(s), but
there shall be no liability on the part of Inet7.
10.2 Assignment.
The Account Holder may not assign its rights or delegate its duties
under this Agreement either in whole or in part without the prior written
consent of Inet7, and any attempted assignment or delegation without
such consent will be void. Inet7 may assign this Agreement in whole
or part. Inet7 also may delegate the performance of certain Services
to third parties, including Inet7�s Affiliates. This Agreement will
bind and inure to the benefit of each party's successors and permitted
assigns.
10.3 Notice.
Any notice or communication required or permitted to be given hereunder
may be delivered by hand, deposited with an overnight courier, sent
by email, confirmed facsimile, or mailed by registered or certified
mail, return receipt requested, postage prepaid, in each case to the
address of the Account Holder as listed on the Statement of Work and,
if to Inet7, at: Inet7.com 34 Moreland Ave E West St. Paul, MN 55118,
or at such other address as may hereafter be furnished in writing by
either party to the other party. Such notice will be deemed to have
been given as of the date it is delivered, mailed, emailed, faxed or
sent, whichever is earlier.
10.4 Relationship of Parties.
This Agreement will not establish any relationship of partnership, joint
venture, employment, franchise or agency between Inet7 and the Account
Holder. Neither Inet7 nor the Account Holder will have the power to
bind the other or incur obligations on the other�s behalf without the
other�s prior written consent, except as otherwise expressly provided
herein.
10.5 Governing Law.
This Agreement is made under and will be governed by and construed in
accordance with the laws of the State of Minnesota (except that body
of law controlling conflicts of law) and specifically excluding from
application to this Agreement that law known as the United Nations Convention
on the International Sale of Goods.
10.6 Severability; Waiver.
In the event any provision of this Agreement is held by a tribunal of
competent jurisdiction to be contrary to the law, the remaining provisions
of this Agreement will remain in full force and effect. The waiver of
any breach or default of this Agreement will not constitute a waiver
of any subsequent breach or default, and will not act to amend or negate
the rights of the waiving party.
10.7 Entire Agreement; Counterparts; Originals.
This Agreement, including all documents incorporated herein by reference,
constitutes the complete and exclusive agreement between the parties
with respect to the subject matter hereof, and supersedes and replaces
any and all prior or contemporaneous discussions, negotiations, understandings
and agreements, written and oral, regarding such subject matter.
Appendix A - Acceptable Use Policy
By using Inet7 web hosting services, Account Holder
agrees to comply with this Policy.
Account Holders are expected to use the Internet with respect, courtesy,
and responsibility, giving due regard to the rights of other Internet
users. Inet7 expects the Account Holder to have a basic knowledge of
how the Internet functions, the types of uses, which are generally acceptable,
and the types of uses, which are to be avoided. Common sense is the
best guide as to what is considered acceptable use. The following are
unacceptable uses:
Illegality in any form, including but not limited to activities such
as unauthorized distribution or copying of copyrighted software, violation
of U.S. export restrictions, harassment, fraud, trafficking in obscene
material, drug dealing, and other illegal activities.
Interpretation
The provisions of this Policy are intended as guidelines and are not
meant to be exhaustive. Generally, conduct that violates law, regulation,
or the accepted norms of the Internet community, whether or not expressly
mentioned in this Policy, is prohibited. Inet7 reserves the right at
all times to prohibit activities that damage its commercial reputation
and goodwill.
Illegal Use
Inet7 servers may be used only for lawful purposes. Transmission, distribution
or storage of any material in violation of any applicable law or regulation
is prohibited. This includes, without limitation, material protected
by copyright, trademark, trade secret or other intellectual property
right used without proper authorization, and material that is obscene,
defamatory, constitutes an illegal threat, or violates export control
laws. Examples of non-acceptable content or links: "Pirated software",
"Hackers programs or archives", "Warez Sites", "Irc Bots", "Mp3", "Adult
Pictures", "Pornography". Inet7 will be the sole arbiter as to what
constitutes a violation of this provision, provided that any determination
of a violation of this provision shall be made reasonably in good faith
based on applicable law, regulation and the accepted norms of the Internet
community.
System and Network Security
Violations of system or network security are prohibited, and may result
in criminal and civil liability. Examples include, but are not limited
to the following: Unauthorized access, use, probe, or scan of a systems
security or authentication measures, data or traffic. Interference with
service to any user, host or network including, without limitation,
mail bombing, flooding, deliberate attempts to overload a system and
broadcast attacks, forging of any TCP-IP packet header or any part of
the header information in an email or a newsgroup posting.
Misuse of System Resources
It is a violation for anyone to post information or to include programs
on the web space provided through the WEBCASTING services which consume
excessive CPU time or storage space.
Tortious Conduct
No one shall post unlawful or defamatory information about a person
without their consent, intentionally inflicting emotional distress,
or violating trademarks, copyrights, or other intellectual property
rights.
Spamming
Sending unsolicited mail messages, including, without limitation, commercial
advertising and informational announcements, is explicitly prohibited.
A user shall not use another site's mail server to relay mail without
the express permission of the site.
It is contrary to Inet7 policy for account holders to use Inet7 servers
to effect or participate in any of the following activities:
1 To post to any Usenet or other newsgroup, forum, e-mail mailing
list or other similar group or list articles which are off-topic according
to the charter or other owner-published FAQ or description of the group
or list;
2 To send unsolicited mass e-mailings, if such unsolicited e-mailings
provoke complaints from the recipients ("Flamming" or "Trolling");
3 To engage in any of the foregoing activities using the service of
another provider, but channeling such activities through a Inet7 provided
server, or using a Inet7 provided server as a maildrop for responses;
4 To falsify user information provided to Inet7 or to other users of
the service in connection with use of an Inet7 service.
Consequences of Violation
If Inet7 becomes aware of an alleged violation by any Account Holder
of the Acceptable Use Policy, Inet7 shall promptly notify such Account
Holder of all facts supporting such allegation. If Inet7 reasonably
determines that the Account Holder's activities violate the Acceptable
Use Policy and pose a clear, present and material risk of harm to Inet7's
business or operations or to Inet7's other account holders, Inet7 may
immediately, without prior notice to Account Holder, suspend or otherwise
restrict Account Holder 's use of the affected Web Hosting Services
to the extent necessary to prevent further possible unauthorized activity.
Within one hour of taking any action to suspend or restrict a Account
Holder's use of the affected Web Hosting Services and Products, Inet7
shall provide written notice to Account Holder by facsimile or e-mail
stating the actions taken and all facts supporting any allegation of
violations of the Acceptable Use Policy. Following completion of the
investigation, and delivery to Inet7 of a written report setting forth
the details and conclusion of such investigation, depending on the severity
of the violation, Inet7 may, in its sole discretion, restrict, suspend,
or terminate the affected Web Hosting Services provided to the offending
Account Holder and/or pursue other civil remedies. If Inet7 becomes
aware that such violation is a criminal offense, Inet7 will notify the
appropriate law enforcement department of such violation. Inet7 does
not issue service credits for any outages incurred through service disablement
resulting from the Acceptable Use Policy violations. All Inet7 contacts
with any third party, including, without limitation, law enforcement,
shall be in accordance with applicable law and regulation, including,
but not limited to, law and regulation governing the privacy of subscriber
information as applicable to Inet7's provision of its services to its
Account Holders.
Reporting Network Abuse
Any party seeking to report any violations of Inet7's policy may contact
Inet7.com at 651-293-0837 or [email protected]
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