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Prism WebHosting is a Web Presence Provider. User
accounts on our Internet servers are subject to
compliance with the terms and conditions set forth
below. Under the terms of this agreement, your placement
of information on Prism WebHosting's servers is an
acknowledgement that you have read and understood this
agreement, and that you agree to be bound by the terms
and conditions below. If you do not wish to be bound by
these terms and conditions, you should not proceed to
place any information of any kind on Prism WebHosting's
servers.
1. USER CONDUCT
Prism WebHosting's services may only be used for lawful
purposes. Any use of these services which violates any
local, state, federal, or international laws which may
apply to Prism WebHosting, your local jurisdiction, or
any jurisdiction that you or your site may be subject to
is strictly prohibited.
While using the service, you may not:
Restrict or inhibit any other user from using and
enjoying the Internet;
Post or transmit any unlawful, threatening, abusive,
libelous, defamatory, obscene, offensive, indecent,
pornographic, profane, or otherwise objectionable
information of any kind, including without limitation
any transmissions constituting or encouraging conduct
that would constitute a criminal offense, give rise to
civil liability, or otherwise violate any local, state,
federal or international law, including without
limitation the U.S. export control laws and regulations,
and laws protecting intellectual property including
copyright, trademark, trade secret, misappropriation and
anti-dilution laws;
Post, publish, transmit, reproduce or distribute any
information or software which contains a virus or other
harmful component;
Post, publish, transmit, reproduce, distribute or in any
way exploit any information, software, or other material
obtained through the service for commercial purposes
(other than as expressly permitted by the provider of
such information, software, or other material);
2. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Prism
WebHosting from any and all liability, penalties,
losses, damages, costs, expenses, attorneys' fees,
causes of action or claims caused by or resulting
indirectly from your use of the service which damages
either you, Prism WebHosting, or any other party or
parties without limitation or exception. This
indemnification and hold harmless agreement extends to
all issues associated with your account, including but
not limited to domain name selection and Web site
content.
3. REFUSAL OR DISCONTINUANCE OF SERVICE
Prism WebHosting reserves the right to refuse or
discontinue service to anyone at Prism WebHosting's sole
discretion. Prism WebHosting may deny you access to all
or part of the service without notice if you engage in
any conduct or activities that Prism WebHosting in its
sole discretion believes violates any of the terms and
conditions in this agreement. Prism WebHosting shall
have no responsibility to notify any third-party
providers of services, merchandise, or information, nor
any responsibility for any consequences resulting from
such discontinuance or lack of notification. You agree
that Prism WebHosting has the right to monitor the
service electronically from time to time and to disclose
any information as necessary to satisfy the law, or to
protect itself or its subscribers. Prism WebHosting
reserves the right to refuse to post or to remove any
information or materials, in whole or in part, that, in
its sole discretion, are unacceptable, undesirable, or
in violation of this agreement.
4. NO WARRANTIES
Prism WebHosting makes no warranties or representations
of any kind for the services being offered. The service
is provided on an "as is" and "as
available" basis without warranties of any kind,
either express or implied, including but not limited to
warranties of title, noninfringement, or implied
warranties of merchantability or fitness for a
particular purpose. No advice or information given by
Prism WebHosting or its agents or employees shall create
a warranty. Prism WebHosting provides no warranty that
the service will be uninterrupted or error free or that
any information, software or other material accessible
on the service is free from viruses or other harmful
components. Under no circumstances shall Prism
WebHosting be liable for any direct, indirect, special,
punitive, or consequential damages that result in any
way from your use of or inability to use the service, or
for third parties' use of the service to access your Web
space, or to access the Internet or any part thereof, or
your or any third parties' reliance on or use of
information, services, or merchandise provided on or
through the service, or that result from mistakes,
omissions, interruptions, deletion of files, errors,
defects, delays in operation or transmission, or any
failure of performance. If you are dissatisfied with
Prism WebHosting service or any of its terms,
conditions, rules, policies, guidelines, or practices,
your sole and exclusive remedy is to discontinue using
the service.
You understand that by placing information on Prism
WebHosting's servers that such information becomes
available to all Internet users and that Prism
WebHosting has no way of limiting or restricting access
to such information or protecting such information from
copyright infringement. You assume total responsibility
and risk for your use of Prism WebHosting's servers and
the Internet. It is solely your responsibility to
evaluate the accuracy, completeness, and usefulness of
all opinions, advice, services and other information,
and the quality and merchantability of all merchandise
provided through Prism WebHosting or on the Internet
generally.
5. ECPA NOTICE
Prism WebHosting reserves the right to monitor any and
all communications through or with our facilities. You
agree that Prism WebHosting is not considered a
"secure communications medium" for the
purposes of the ECPA, and that no expectation of privacy
is afforded.
6. IDENTIFICATION INFORMATION
You agree that you as the person legally responsible for
use of this account, are at least 18 years of age. You
agree to supply Prism WebHosting with a current and
truthful name, postal address and telephone number for
our records, and you have a continued obligation to keep
this information current. You also agree that you are an
authorized user of any credit card that you supply to us
and agree that we have an obligation to fully
investigate any possible fraudulent credit card use.
7. NO INTERFERENCE WITH OPERATION OF SYSTEM
You agree not to maliciously or intentionally interfere
with the proper operation of the system, including but
not limited to defeating identification procedures,
obtaining access beyond that which you are authorized
for, and impairing the availability, reliability, or
quality of service for other customers. You further
agree not to interfere with the proper operation of
other systems reachable through the Internet, including
any attempt at unauthorized access. You agree to follow
the Acceptable Use Policy of any network or service you
connect to.
You agree to adhere to system policies as published
online by Prism WebHosting, including restrictions on
services available with each account type, restrictions
on certain features, and all other policies designed to
protect and enhance the quality and reliability of
service at Prism WebHosting. You agree to abide by any
and all future Prism WebHosting policy decisions.
8. SECURITY
You agree that the security of your account is solely
your own responsibility. You further agree that if you
believe the security of your account has been
compromised in any way, you will notify Prism WebHosting
immediately. You shall be held fully responsible for any
misuse or compromise to your account for which Prism
WebHosting is not properly notified. You agree not to
provide or share access to your account to any third
party, and that you are responsible for any use of your
account by any party to whom such access has been
provided. You agree that certain features of your
account (e.g., FrontPage webs, additional FTP logins)
which may be used to provide shared access to your
account are not to be used to resell services to third
parties, and that you are responsible for the actions of
any party which utilizes those features. You agree that
if any security violations are believed to have occurred
in association with your account, Prism WebHosting has
the right to suspend access to the account pending an
investigation and resolution. You also agree that Prism
WebHosting has the right to cooperate in any government
or legal investigation regarding any aspect of our
services, including services sold to you. Any use of our
system to engage in software piracy or other violations
of law will result in account suspension and will be
immediately reported to the appropriate authorities.
9. BACKUP OF DATA
Your use of the service is at your sole risk. Prism
WebHosting is not responsible for files and data
residing on your account. You agree to take full
responsibility for files and data transferred and to
maintain all appropriate backup of files and data stored
on Prism WebHosting servers.
10. TRANSMITTAL OF MATERIALS
You agree not to transmit unsolicited or prohibited
advertising or other harassing or illegal materials
through electronic mail, Usenet postings, or other
Internet media. The use of Prism WebHosting or any other
service with reference to services obtained through
Prism WebHosting, for unsolicited mass mailings,
postings, or other activities considered an annoyance to
others, commonly referred to as "spamming" is
strictly prohibited and may cause your services to be
terminated immediately and without warning and you will
be held fully responsible for any damages to you, Prism
WebHosting, or any other party or parties resulting from
any such conduct.
11. PAYMENT
You agree to supply appropriate payment for the services
received from Prism WebHosting, in advance of the time
period during which such services are provided. You
agree that all setup fees are non-refundable once setup
is completed. You agree that until and unless you notify
Prism WebHosting of your desire to cancel any or all
services received, those services will be billed on a
recurring basis. You agree that if you are paying by
credit card, prepayments will be billed and charged
automatically, and that Prism WebHosting may apply the
amount due to the provided card at any time. Prism
WebHosting agrees that pro-rated refunds for unused time
periods will be provided upon request, in the event of
account termination.
12. PRIOR AGREEMENTS
This agreement supersedes any written, electronic, or
oral communication you may have had with Prism
WebHosting or any agent or representative thereof, and
constitutes the complete and total agreement between the
parties.
13. SEVERABILITY
If any provision of this agreement is determined to be
invalid or unenforceable, all other provisions shall
remain in full force and effect and said provision shall
be reformed only to the extent necessary to make it
enforceable.
14. SPAM
SPAM
and Unsolicited Commercial Email (UCE): Prism WebHosting
takes a zero tolerance approach to the sending of
Unsolicited Commercial Email (UCE) or SPAM over our
network. Very simply this means that customers of Prism
WebHosting may not use or permit others to use our
network to transact in UCE. Customers of Prism
WebHosting may not host, or permit hosting of, sites or
information that is advertised by UCE from other
networks. Violations of this policy carry severe
penalties, including termination of service.
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Violation
of Prism WebHosting's SPAM policy will result in
severe penalties. Upon notification of an alleged
violation of our SPAM policy, Prism WebHosting will
initiate an immediate investigation (immediately
upon notification). During the investigation, Prism
WebHosting may restrict customer access to the
network to prevent further violations. If a customer
is found to be in violation of our SPAM policy,
Prism WebHosting may, at its sole discretion,
restrict, suspend or terminate customer's account.
Further, Prism WebHosting reserves the right to
pursue civil remedies for any costs associated with
the investigation of a substantiated policy
violation. Prism WebHosting will notify law
enforcement officials if the violation is believed
to be a criminal offense.
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First
violations of this policy will result in an
"Administrative Fee" of $500 and your
account will be reviewed for possible immediate
termination. A second violation will result in an
"Administrative Fee" of $1000 and
immediate termination of your account. Users who
violate this policy agree that in addition to these
"Administrative" penalties, they will pay
"Research Fees" not to exceed $200 per
hour that Prism WebHosting personnel must spend to
investigate the matter. PLEASE, DO NOT SPAM from
your account.
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As
our Customers are ultimately responsible for the
actions of their clients over the Prism WebHosting
network, it is advisable that Resellers develop a
similar, or stricter, policy for their clients.
15.
ACKNOWLEDGEMENT
By placing and continuing to maintain or place
information on Prism WebHosting's servers you are
stating and acknowledging that you have read the
aforementioned terms and conditions and that you
understand such terms and conditions and agree to be
bound by them.
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