ACCEPTABLE USE POLICY
1. 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 Clem Systems with a current and truthful name, email and 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 activity.
2. USER CONDUCT
Clem Systems services may only be used for lawful purposes. Any use, which violates this Acceptable Use Policy is strictly prohibited.
While using the service, you may not:
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Post or transmit any objectionable information of any kind, Including threatening, abusive, libelous, or defamatory.
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Violate any local, state, federal or international law. Including without limitation the U.S. export laws and regulations. Including laws protecting intellectual property and copyright, trademark, trade secret, and misappropriation laws.
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Post, publish, transmit, reproduce or distribute any information or software, which contains a virus or other harmful component.
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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).
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Engage in any type of fraud, "cracking or hacking", malicious behavior, or harassment. Try to obtain, guess or hack passwords or to access other systems or networks without authorization.
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Interference with the proper operation of systems reachable via the Internet is forbidden.
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Forging e-mail, Usenet postings, or other messages.
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Attempt any unauthorized access or port scanning or the use of tools for such purpose.
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Publish or otherwise disseminate information about the availability of pirated software or other material that is being made available illegally, trafficking in pirated software, including the publication of a list of links to such material, regardless of disclaimers.
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Run any scripts or software that could crash the server or cause excessive CPU utilization.
Clem Systems reserves the right to refuse or terminate service at any time. Prior notification to the user is not necessary. Client will indemnify and hold Clem Systems harmless from any and all damage to Clem Systems business, service, equipment, network(s) operations, or reputation resulting from Client's actions. If Client breaches any part of this contract and Clem Systems has to engage the services of an attorney, the Client will pay any and all of Clem Systems reasonable attorney fees and court costs. In no event shall Clem Systems or any of its officers, contractors, employees or third party venders be liable for any loss of profit or revenue. Client will hold Clem Systems harmless for any consequential, incidental, special or exemplary damages incurred or suffered by the Client.
3. Password Protection
Client is responsible for protecting Client’s password and for any authorized or unauthorized use made of Client's password.
4. Interruptions in Service
Clem Systems is not liable for any errors or interruption in service, whether within or outside of Clem Systems reasonable control. Client understands interruptions may occur and Client will hold Clem Systems harmless from any and all damages incurred. Service may be temporarily unavailable for scheduled maintenance, because of power interruptions or other causes.
5. Unsolicited Email
We have strict policies that prohibit all bulk e-mail/Usenet posting. You may not use the service to transact unsolicited email. This is commonly referred to as SPAM. Clients of Clem Systems may not use, or permit others to use, any site through Clem Systems to send SPAM.
No Eggdrops, unauthorized Shell programs, IRC's, BNC's, or the like will be allowed. No illegal or offensive material or Spamming period. No exceptions for any reason. Customers who load these programs or materials on the servers (proof of use NOT required) will be terminated without recourse, billed and further pursued to THE FULLEST EXTENT of the LAW, including but not limited to lawsuits against the individuals responsible. Clem Systems will not host, or permit hosting of sites or information that is advertised by the use of SPAM from other networks. Clem Systems will not permit Clients to SPAM newsgroups or SPAM from other networks that may or may not point to a site on Clem Systems network. Any client found to be engaged in this activity will have their site or sites removed from this network. There are no refunds for clients deliberately misusing our services. Clem Systems will remove any Clients site or sites to stop the Spam. Clem Systems reserves the right to terminate services without warning. Clem Systems can also fine the individual up to $500.00 per SPAM incident plus legal cost.
6. Termination, and Renewal
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All Terms of Use Agreements are either month to month or on a year to year basis. Client shall pay Clem Systems monthly or yearly recurring fees, plus bandwidth and other service charges as outlined in Web Hosting Price Web page (see Web Hosting Prices) and on the Clients’ Control Panel. All services are to be paid for in advance. Amounts past due will result in the suspension or termination of Client's account. Taxes, special services (Domain pointers, Sub Domains, excessive bandwidth and other additional services) will be stated separately and paid in advance. All fees are due and payable at time of invoice, additional services above will be billed monthly. Client shall pay all taxes, fees, and governmental charges. Clem Systems may change prices upon 60 days prior written notice either by e-mail or postal correspondence.
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All cancellations by Client of service or changes in service must be in writing to Clem Systems by email or postal mail.
7. Electronic Mail Notice Delivery
Notice given by electronic mail shall be deemed received on (1) business day after it is posted to the recipient's e-mail address.
8. You are responsible for backing up your data.
In the event that any of our services experience a data loss we will do our best to restore your files if possible. In no case can we restore your files if you happen to remove them. It is your responsibility to keep a current backup copy at all times to prevent loss of data or files. We are not liable for any lost data for any reason.
9. No Warranties
Clem Systems 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, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by Clem Systems or its agents or employees shall create a warranty. Clem Systems provides no warranty that any information, software or other material accessible on the service is free from viruses or other malicious components. Under no circumstances shall Clem Systems be liable for any direct, indirect, special, consequential, or punitive damages that result in any way from your use of our service, or inability to use the service, or for any third parties' use or inability to use the service to access your Web space, or to access the Internet or any part thereof, yours 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. Clem Systems will not be held liable for any loss beyond the control of Clem Systems even if Clem Systems has been advised of the possibility of such loss or damage.
If you are dissatisfied with Clem Systems service or any of its terms, conditions, policies, or practices, your sole and exclusive remedy is to discontinue using the service. If you have not violated any of the Terms of Use Clem Systems will refund the remaining portion of a yearly term less the normal setup fee charged for monthly service, plus any months or part thereof used will be figured at the current monthly rate, not the yearly rate. You understand that Clem Systems is not considered a "secure communications medium" and by placing information on Clem Systems' servers that such information becomes available to all Internet users and that Clem Systems 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 Clem Systems' services 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 Clem Systems or on the Internet generally.
Client shall indemnify and hold harmless Clem Systems from and against any and all claims, costs, expenses or liability arising out of Client 's (inclusive Client 's officer, contractors, employee agents and invitees) collective or individual use, occupancy or operation of Client 's web site content and/or information.
10. Support
Clem Systems will make every effort to provide support information for configuring software included with the service. However we can not specifically test every piece of software that can be utilized with our systems, and can only provide general system-related, setup information. Specific software help may be available from the software developer. Any help that Clem Systems provides over the general system-related setup information will be billed at our current rate should you need more than basic setup help. The offer of any particular service does not constitute an obligation on Clem Systems' part to provide training or to tutor the client to obtain necessary skills to utilize the service. Clem Systems only obligation will be to provide basic system-specific information.
11. Additional Terms
This policy simply requires that you use the Web responsibly. These Rules are designed to enhance the quality of our services, and to protect the Internet users from illegal, and disruptive activities. Violations of these policies may result in cancellation of your services or such other action as we, in our sole discretion, may deem appropriate. Clem Systems will fully co-operate with law enforcement authorities in the detection and prosecution of illegal activity. Clem Systems reserves the right to monitor any and all communications through or with our services. Clem Systems reserves the right to restrict or prohibit any and all uses of its services or content on your Web site. And to remove such materials, including your Web Site at any time Clem Systems determines in its sole discretion that such content or materials violates this Agreement, is illegal, or is harmful to its servers, systems, network, reputation, good will, other Clem Systems Clients, or any third party.
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.
12. APPLICABLE LAW, JURISDICTION, AND SERVICE
This agreement shall be governed by the applicable laws of the State of California, USA ("California") and the United States of America. Client agrees that all services provided by Clem Systems shall be deemed to have been requested and provided in Fresno County, California. Client further agrees that the Fresno County Court, California, shall have personal jurisdiction over Client and exclusive subject matter jurisdiction over any and all controversies or claims arising from or relating to this agreement or the services provided by Clem Systems. Client agrees to accept service of process related to this agreement by ordinary mail, postage prepaid, to the most recent address provided by Client.
By continuing you are agreeing to the Acceptable Use Policy above.
Copyright © 1998 - 2005 Clem Systems. All Rights Reserved.