Terms
of Service Agreement
By the use
of our Domain Maintenance Services, Uploading your
files to our server(s) and/or the use of our Email
services you hereby agree to the terms of our "Terms
of Service Agreement". If you do not agree to
the terms of our "Terms of Service Agreement",
at anytime, you shall discontinue use of our Domain
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 Rembrandt Enterprises 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 Rembrandt Enterprises 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. It is hereby stated that
it is the responsibility of each client or their
respective webmaster to backup their own data and
not to depend on our server hard-drives, RAID or
other backup redundant systems we may have in place,
remembering the nature of digital data.
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 Rembrandt Enterprises. 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 Rembrandt Enterprises and 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 nude
photographs, explicit language, or sexual
fiction. If an existing customer publishes
pornographic images, Rembrandt Enterprises may suspend
and/or cancel your account immediately.
Let's
make this easy to understand: No site that promotes
porn or nudity will be allowed on our servers, this
includes BANNERS, CLICKER SITES, EDITORIALS,
STORIES, NUDE PHOTOGRAPHS, EXPLICIT LANGUAGE, SEXUAL
FICTION, or ANYTHING THAT Rembrandt
Enterprises DEEMS INAPPROPRIATE FOR OUR SERVERS.
If an existing customer publishes pornographic images,
Rembrandt Enterprises 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 autoresponders
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
i) SPAM, Bulk
Email, Unsolicited Commercial Email - NO
DOMAIN MAINTAINED BY Rembrandt Enterprises will
be permitted to submit or send 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.
j) Bandwidth
Usage - Accounts will be charged $10 per
1 Gigabyte in excess of their monthly limit.
k) Payments -
All accounts not paid within 10 days after the due
date may be removed 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.
l) Cancellations -
Cancellations require at least a 30 day advanced
notice in writing. Every efforts will be made to
cancel you as quick as possible, but you are responsible
to pay for the any part of a month should the end
of your 30 days fall into regardless when your service
is terminated.
2.
Limitation on Liability - Rembrandt
Enterprises, 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 Rembrandt Enterprises 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 Rembrandt Enterprises
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 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.
Rembrandt Enterprises reserves
the right to discontinue web hosting services for
any customer, at any time, for any reason, with or
without prior notice. This "Agreement" may
be changed or modified at any time without notice.
It is the responsibilty of each client to stay abreast
of our current licensing agreement. It is therefore
assumed that you have read and agree to all current "Agreement" versions.
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".
-Rembrandt
Enterprises (last amended 5/02/05)
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