Terms and Conditions of Use
The following words used in context of the Service Contract are defined as follows:
“The Provider”: SiteVision, Inc.
“The Client”: The person or entity who is applying for services
The Provider agrees to provide, and The Client agrees to receive, access to the services according to the following terms and conditions:
- The Client will use the services in a manner consistent with any and all applicable laws of the US Federal Government, and the laws of your state and locality.
- The Provider is required by law to hold verifiable information on file about The Client hosted on The Provider web servers in order that relevant authorities and parties are able to trace the Client should a dispute or allegation of illegal, immoral activities or breach of law occur. The Client information is held privately and securely on The Provider files and is not published or freely given to any person or authority unless The Provider firmly believes or agrees that the authority or person concerned has a justifiable reason or legal right to have access to it.
- The Client, by accepting this contract, is deemed to have agreed to provide The Provider with verifiable details of their geographical location and contact information.
- The Provider reserves the right, in its sole discretion, to deactivate the Client’s account(s) upon an indication of credit problems including delinquent payments or breaches of this service agreement.
- The Provider also reserves the right, in its sole discretion, to levy a re-connection charge where The Client’s account has been disconnected.
- THE PROVIDER SERVICE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. THE PROVIDER GIVES NO WARRANTY, EXPRESSED OR IMPLIED, FOR THE 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 THE PROVIDER OR ITS PROVIDERS BEYOND THE FEES PAID BY THE CLIENT TO THE PROVIDER FOR SERVICES.
- The Provider is not responsible for any damages arising from The Client’s use of The Provider services or by The Client’s inability to use the services for any reason.
- Due to the nature of the internet and associated electronic equipment, there may arise instances during a period of service where a web server that The Client’s files are stored could become damaged or lost due to hardware failure or malfunction, and other instability caused by DOS (denial of service) attacks brought about by hackers. While The Provider shall make every reasonable effort to protect The Client’s files and data, The Provider cannot be held responsible for The Client’s files residing on The Provider web servers, nor for any loss of files howsoever caused. The Client is solely responsible for independent backup of data stored on The Provider web servers. In such cases, The Provider will attempt to re-instate The Client’s hosting service as quickly as possible where there has been a catastrophic loss of service, however, it is The Client’s responsibility, and not that of The Provider to re-load files when for some reason the original content has been lost or damaged, howsoever caused.
- THE CLIENT HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON THE 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 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.
- THE CLIENT HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON THE PROVIDER THROUGH CLIENT’S ACCOUNT(S) WILL NOT CONTAIN ANYTHING SUCH AS, BUT NOT LIMITED TO, PORNOGRAPHY, OBSCENITY, NUDITY, VIOLATIONS OF PRIVACY, COMPUTER VIRUSES, AND ANY HARASSING AND OR HARMFUL MATERIALS OR USES, WHICH ARE CONSIDERED TO BE ABUSIVE AND UNETHICAL USES OF THE SERVICE(S). 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 SERVICE(S), OR DEEMED A VIOLATION OF THE TERMS OF SERVICE.
- Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. The 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.
- 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 account(s) upon an indication of such activity. The 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 account(s).
- 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.
- The Provider maintains control and any ownership of any and all I.P. numbers and addresses that may be assigned to The Client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.
- The Provider reserves the right to disable any user account or site for anything deemed to be suspicious activities at the Provider’s sole discretion. This includes, but is not limited to, anything that gives indication of spamming, bombing, hacking, spoofing, cracking, phreaking, denial of service attacks, running rogue services on The Client’s account on The Provider’s systems, or anything that might attract or precede such activities. Rogue services, as defined here, means any service that is not included as a feature on The Provider’s advertised list of account features at the time. This includes, but is not limited to, IRC bots, IRC clients, IRC daemons, ICQ clients, ICQ servers, Socks proxies, or any other service running on a TCP/IP port that The Provider did not give explicit written authorization for use. The Client hereby agrees to indemnify and hold harmless the provider from any claim resulting from account deactivation or disablement as a result of suspicious activities.
- The Provider expressly reserves the right to monitor any and all activity, traffic, or content that The Client may produce, publish, or cause. The Provider also reserves the right to turn any logs, monitoring data, or The Client material over to the proper authorities in the event legal or criminal action is to be taken by The Provider or authorities.
- Hosting Payments & Terms: The provider will bill the client in advance of the quarter for hosting services and all services will be invoiced on a quarterly basis. In the event of a service interruption due to non-payment, a charge of $100 (reactivation fee) and the current balance must be paid to restore services.
- Cancellation Policy/Requirements: The Client may cancel services with The Provider at any time, it is the responsibility of The Client to notify The Provider of the cancellation in writing via email, letter or fax.
- The Provider reserves the right to change this contract by posting a publicly available copy at the provider’s web site location without specific notice to The Client. The Client hereby agrees to ratify any such changes and hold The Provider harmless from any claim resulting from such changes. The Client hereby acknowledges responsibility to inform itself of any changes to this contract whether informed by The Provider of changes or not.