Clem Systems Web Service allows you to choose the flexibility you need at a price you can afford.
ACCEPTABLE USE POLICY
By subscribing to, or utilizing services offered by Clem Systems
constitutes your expressed agreement to abide by this Acceptable Use
Policy and are bound by, and must comply with this Policy in its entirety.
We reserve the right to revise this Policy at any time. If you do not wish
to be bound by this Acceptable Use Policy, you should not proceed.
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:
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
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.
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.
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.
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