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TERMS AND CONDITIONS POLICY Dec., 2002 – (version 2.0) This represents the COM1 SOLUTIONS, Inc. "Terms and Conditions Policy" (“TCP”) in its entirety and supercedes any other written or oral policy. This policy defines the terms and conditions all customers agree to when they sign-up for hosting services with COM1 SOLUTIONS. COM1 SOLUTIONS reserves the exclusive right to revise, change or amend any portion of this Policy at any time, without advance notice to customers. Customers using any services offered by COM1 SOLUTIONS consent to be bound by and must comply with all policies in this TCP. At the sole discretion of COM1 SOLUTIONS, any violators of this TCP may have their services cancelled without refund and/or, if deemed appropriate, be legally prosecuted. 1. INTERPRETATION The provisions of this Policy are intended as guidelines and not meant to be exhaustive. In general, any conduct that violates any laws, regulations, or any of the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is prohibited. COM1 SOLUTIONS reserves the exclusive right at any and all times to prohibit activities that any in way damage its commercial reputation and goodwill. 2. SYSTEM AND NETWORK SECURITY Activities strictly prohibited: o Tampering with other accounts, or committing unauthorized intrusions into any part of COM1 SOLUTIONS or related systems, or use of any servers, files, accounts, or networks to intrude without authorization into any other system or systems is strictly prohibited. o Using accounts not provided or intended for use by Customer, or circumventing security provisions in order to access services without incurring charges. o Using the system in a manner that unfairly encumbers disk space, processors or other system resources beyond those provided as part of the service or services purchased. o Making deliberate attempts to interfere with a service, overload a service or attempt to disable a host. 3. EMAIL Activities strictly prohibited: o Sending commercial e-mail to a recipient if recipient has requested that Customer discontinue such communication. o Transmitting e-mail that is harassing, libelous, defamatory, legally obscene or pornographic, threatening, abusive or hateful to non-consenting recipients. o Forging e-mail header information in any way. o Using a Customer’s account, or network connection, to collect e-mail replies of messages sent from any other provider that violates the rules of this Policy or those of the originating provider. o Sending unsolicited e-mail messages (“Spamming”), 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.
4. BILLING 1. Customer agrees to pay all fees and other charges incurred on their account. All payments shall be made pursuant to the terms of the pricing and other information relating to the Service, which is available in the registration process and on the COM1 SOLUTIONS Web Site. Customer agrees to these rates and terms as they may be amended from time to time by updating the COM1 SOLUTIONS web site, or by e-mail notification, or by regular mail. By agreeing to these terms, you authorize COM1 SOLUTIONS to charge any amounts payable by you in connection with your use of the Service automatically to the credit card you provided in the registration process or such credit card number you provide thereafter, regardless of the status of your account, subject to the terms and conditions of the agreement between you and your credit card issuer. Your right to use the Service is subject to any limits established by your credit card issuer. 2. All prices on the COM1 SOLUTIONS website are in U.S. Dollars ($). 3. All valid credit cards that are provided to COM1 SOLUTIONS for the purpose of payment should be aware that if COM1 SOLUTIONS is not notified by the Customer, prior to the expiry date, COM1 SOLUTIONS will automatically update the expiry date to the next year. COM1 SOLUTIONS has come to the understanding that many customers simply neglect to update their expiry date, which may lead to the automatic cancellation of their account. To save time and possible interruption of service, we have adopted this practice as part of our standard methods and procedures. 5. DIAL-UP ACCESS Customers of our dial-up service must abide by these additional terms and conditions. o All dial-up accounts are intended for non-commercial use only. Customers will not be permitted to have multiple connections accessing the service concurrently. o The dial-up service provided may not be resold or otherwise redistributed for profit. o Customers will not be permitted to leave service sessions idle for a period that is determined to be excessive by COM1 SOLUTIONS. Excessive for this purpose is defined as anything more than four (4) continuous hours. All sessions determined to be excessive may be disconnected at anytime without warning to customer. Customer is not permitted to take any actions to defeat “idle timeouts” by using software that attempts to keep the connection active in anyway. COM1 SOLUTIONS reserves the right to determine what constitutes “idle” for this purpose.
6. GENERAL All customers agree to abide by the following general provisions: 1. All hosting services provided to the Customer by COM1 SOLUTIONS may only be used 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 achieves”, “Warez Sites”, “IRC Bots”, MP3”. 2. COM1 SOLUTIONS reserves the right, at its sole discretion, to deactivate the Customer’s account(s) upon an indication of credit problems, including delinquent payments, and if portions of this TCP are, at the discretion of COM1 SOLUTIONS, being violated in any way. 3. All services provided by COM1 SOLUTIONS are provided on an “as is” basis. COM1 SOLUTIONS gives absolutely no warranty, expressed or implied, for any service(s) provided, including, without limitation, warranty of merchantability and warranty of fitness for a particular purpose. This expressly includes any reimbursement for losses of income due to disruption of service by COM1 SOLUTIONS or its providers that exceed the fees paid by the Customer. 4. Customer acknowledges that COM1 SOLUTIONS is not responsible for any damages arising from the Customer’s use of any service(s) provided by COM1 SOLUTIONS or Customer’s inability to use any service(s) for any reason. 5. Customer is solely responsible for backing up their content and or any files that reside on COM1 SOLUTIONS’s managed and/or owned servers. COM1 SOLUTIONS is not responsible in anyway for the content a customer hosts on COM1 SOLUTIONS servers, or for the reliability of the transmission of data across or through the COM1 SOLUTIONS network. 6. Customer hereby agrees that any material submitted for publication on COM1 SOLUTIONS managed and/or owned servers will not contain anything leading to an abusive or unethical use of the hosting service. Abusive and unethical materials and used include, but are not limited to pornography, obscenity, nudity, violations of privacy, computer viruses, and any defamatory, harassing and harmful materials or uses. Customer hereby agrees to indemnify and hold harmless COM1 SOLUTIONS, its directors, officers and employees from any claim resulting from your publication of materials or your use of those materials. COM1 SOLUTIONS, at its sole discretion, may or may not give notice before deactivating the use of any account(s) that are determined to violate this TCP in anyway. 7. Due to the public nature of the Internet, all information should be considered generally accessible to the public and important or private information should be treated carefully. COM1 SOLUTIONS is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network COM1 SOLUTIONS or its customers may utilize. 8. COM1 SOLUTIONS maintains exclusive control and ownership of any and all I.P. Numbers and addresses that may be assigned to Customer and reserves in its sole discretion the right to change or remove any and all I.P. numbers and addresses. 9. Use of any information obtained via COM1 SOLUTIONS is at your own risk. COM1 SOLUTIONS specifically denies any responsibility for the accuracy or quality of information obtained through its services. 10. Use of other organizations' networks or computing resources is subject to their respective permission and usage policies. 11. If COM1 SOLUTIONS cancels Customer's account for any reason, Customer agrees not to reregister without COM1 SOLUTIONS's written consent. In the event Customer reregisters without COM1 SOLUTIONS's prior written consent, COM1 SOLUTIONS will cancel Customer 's account and all dues and fees paid to date will be forfeited regardless of whether service has been rendered. Additionally, any amounts owed in arrears will be made due and payable immediately. 12. COM1 SOLUTIONS requires that Customer is qualified to enter a legal contract. COM1 SOLUTIONS cannot accept payments from persons who are not at least eighteen (18) years of age. Customer will be held responsible for keeping all billing data for COM1 SOLUTIONS accurate and up to date. False data supplied for the contract between COM1 SOLUTIONS and Customer will be grounds for account termination. 13. The Customer agrees to defend, hold harmless, and expeditiously indemnify COM1 SOLUTIONS from any and all liability, claim, loss, damage or expense arising out of Customer's breach or violation of any covenant contained in this Policy, or resulting from the Customer's use of the service. 14. Customer agrees to waive and hold COM1 SOLUTIONS harmless from any claims relating to any action taken by COM1 SOLUTIONS as part of an investigation into a suspected violation of this Policy or as a result of its conclusion that a violation of this Policy has occurred. Therefore, Customer cannot sue or recover any damages whatsoever from COM1 SOLUTIONS as a result of the decision to remove material from its server, or to suspend or terminate a Customer 's account. 15. The web server is physically located in the province of Ontario, and the Customer may only access the server by means of the Internet, an interstate common carrier of information. 16. COM1 SOLUTIONS reserves the right to kill off CPU or any other resource intensive process, including but not limited to bandwidth, disk usage, etc… 17. COM1 SOLUTIONS has a strong corporate policy to respect and protect the privacy of its customers and their information that is stored on COM1 SOLUTIONS's Hosting Services. COM1 SOLUTIONS will only access and disclose information as necessary to comply with applicable laws and government requests, to provide COM1 SOLUTIONS Services, to operate or maintain its systems or to protect itself or its customers. 7. POLICY ENFORCEMENT When COM1 SOLUTIONS becomes aware of any alleged violation of this TCP, COM1 SOLUTIONS will immediately initiate an investigation. COM1 SOLUTIONS, may at its own discretion anytime during an investigation, restrict a Customer’s access in order to prevent any further possible unauthorized activity. Depending on the severity of the violation, COM1 SOLUTIONS may, at its sole discretion, restrict, suspend, or terminate a Customer’s account and/or pursue other legal remedies. If such violation is a criminal offense, COM1 SOLUTIONS will promptly notify the appropriate law enforcement department of such violation. 8. COPYRIGHT INFRINGEMENT 1. Should COM1 SOLUTIONS become aware of any material posted by Customer that could be infringing on a third party’s copyright, it will immediately initiate an investigation. If a claim is received by COM1 SOLUTIONS from a Complainant with the applicable copyright or trademark registration number; a copy of the underlying copyrighted work along with the Customer’s materials; and, a good faith certification, signed under penalty of perjury, that the work is the property of the Complainant, that the work has been copied and that use of the work is not defensible, COM1 SOLUTIONS, at its sole discretion, may, at anytime, deny access to the challenged material of Customer. 2. COM1 SOLUTIONS will notify Customer of the copyright infringement allegation and will allow Customer to respond to the allegation(s). 3. COM1 SOLUTIONS shall have no liability, directly or indirectly, to Complainants or third parties for Customer's infringing copyrighted materials. Customer shall reimburse COM1 SOLUTIONS for all expenses associated with processing valid infringement allegations and defending any and all legal claims associated therewith. 9. CONTENT 1. All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any and all applicable federal, provincial and municipal laws is prohibited. This includes, but is not limited to: copyrighted material, material judged to be defamatory, threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold COM1 SOLUTIONS and all associated brands and employees harmless from any claims resulting from the use of the service which damages the subscriber or any other party. Note: Pornography and sex-related merchandising are prohibited on all servers. This includes sites that may infer sexual content, or any links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited. Examples of non-acceptable content or links: Pirated
software We will be the sole arbiter as to what constitutes a violation of this provision. 10. REPORTING ABUSE OF THIS POLICY Any party seeking to report any violations of this policy may send an e-mail to: abuse@com1solutions.com |
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