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Terms
of Services and Acceptable Usage Policy |
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A.)
Terms of Service
Description
of Service
FangZ is a (ISP) that offers shell, mail
and hosting accounts for regular users.
Terms used
in this document
- The terms "member",
"user", and "you" shall be used to describe a
subscriber to FangZ Internet Service or a client of FangZ.
- The term "service"
shall be used to describe all connectivity through FangZ.
- The term "eggdrop"
refers to a program that resides on the Unix shell servers.
- The term "abuse",
"attack", and "nuke" shall be used to describe
illegal activities that are in violation with state or federal laws.
- The term "account"
shall be used to describe the Unix shell account that belongs to the
member.
- The terms "policies",
"TOS", and "Terms of Service" shall be used to
describe this document.
- The term "e-mail"
shall refer to electronic mail of any sort.
Acceptance
of service
All customers
before signing up for a shell account or any service provided by FangZ
will be required to follow the terms of service. By agreeing to sign
up with FangZ, you are agreeing that all activity on this server is
legal with-in you account. At any time this document or policies can
be changed to accommodate a situation which violated state or federal
laws.
B.)
Service
and Billing policy
Service Guarantee
FangZ can make
no guarantees what-so-ever regarding connections to the internet and
hosting sites. All connectivity services go through the uplink which
at many anytime pull the link for activities that maybe unknown to
the Administrators of FangZ.
Changes to
service
At any time a
service can be changed or modified. If a customer does not like the
new terms of service, he or she may terminate their contract at any
time.
Termination
of Service
Termination
by member
Members may
terminate the service at any time.
Termination
by FangZ
At any time
a members account can be put on hold, suspend or cancelled. No exceptions.
A user trying to get in his account or hack into his account will/can
result in termination of his or her service.
Refund policy
following termination
A refund policy
maybe refused if the member's account was used for illegal activities.
A refund can be given in the event that the user cancels his or
her account. if the cancellation happens on the current billing
cycle, the remainder of the month
will not be refunded.
Payment
FangZ requires
payment (CHECK or MONEY ORDER ONLY) for services in advance. In accordance
with that policy, members are given 14 days to make payment from the
original billing date before services are suspended or cancelled.
Other Charges
FangZ is responsible
for billing you for your shell account and any damages that may have
happened to cause this system in jeopardy of having its linked pulled
or any other damages with this system. FangZ will NOT be responsible
for charges or damages, with the exception of canceling, suspending
an account, to another users system.
Indemnification
Upon request of
FangZ, you agree to defend, indemnify and hold harmless FangZ, its
officers, directors, employees, agents, third party Information Providers,
Merchants and Licensees, from any claims and expenses, including reasonable
attorney's fees, related to any violation of the TOS by use of your
accounts, or in connection with the placement or transmission by or
through you of any content on FangZ and its third party Information
Providers, Merchants and Members.
C.)
Acceptable Use Policy
Requirements
of User
FangZ requires
that you are either a minimum of 18 years of age or are authorized
to use the service by a parent or legal guardian 18 years of age or
older. FangZ assumes no responsibility for content obtained from non-FangZ
sites, including but not limited to member personal home pages and
sites hosted on this server. Information regarding members records
to be valid, including but not limited to your name, address, and
phone number, and may suspend any account on this basis.
Use of Service
Upon your enrollment,
you will select a unique password, or we will issue you a random password.
You are responsible for maintaining the confidentiality of your password
and you are liable for any harm resulting from disclosing or allowing
disclosure of any password. In the event of a breach of security,
you will remain liable for any unauthorized use of your password.
You may not allow use of your account by other people, unless they
are supervised by you. FangZ reserves the right to change passwords,
and to deny requests to change passwords for any reason.
Vulgar and
Obscene Use of Service
Any conduct by
a member that in FangZ's discretion restricts or inhibits any other
member from using or enjoying the FangZ service will not be permitted.
You agree to use FangZ's services only for lawful purposes. You are
prohibited from posting on or transmitting through FangZ any unlawful,
harmful, threatening, abusive, harassing, defamatory, vulgar, obscene,
profane, hateful, racially, ethnically or otherwise objectionable
material of any kind, including, but not limited to, any material
which encourages conduct that would constitute a criminal offense,
give rise to civil liability or otherwise violate any applicable local,
state, national or international law, unless all other parties are
willing recipients, in which case FangZ is not responsible for content
transmitted.
FangZ reserves
the right to prohibit conduct, communication, or Content which it
deems in its discretion to be harmful to individual members, FangZ's
or other third-party rights, or to violate any applicable law. Notwithstanding
the foregoing, FangZ does not have the practical ability to restrict
conduct, communication or content which might violate its TOS prior
to transmission on FangZ, nor can FangZ ensure prompt editing or removal
of questionable content after on-line posting. Accordingly, FangZ
shall not assume liability for any action or inaction with respect
to conduct, communication or content on the FangZ service.
Spam, UCE,
etc.
You agree not
to send any Spam, Unsolicited Commercial Email, chain letter/Make
Money Fast/Ponzi scheme, or any other form of unsolicited email to
any party on the Internet for the purpose of making money in any form,
including, but not limited to, saleable goods, requests for donations,
gambling or raffle sales, or any other transaction where money or
goods are exchanged, unless the recipient is willing to receive transmission.
This restriction is on any form of communication or transmission where
a conscious effort must be made to avoid content, including, but not
limited to, email and newsgroups/Usenet. If any member is caught transmitting
any forbidden mail under this agreement, their service shall be immediately
terminated and damages in the amount of $5,000.00 (Five Thousand Dollars)
will be sought for the use of resources in accordance with the transmission.
Intellectual
Property, Software, and Exports
You must obtain
permission to use full copyrights of any intellectual property you
display for content within FangZ's servers. This includes, but is
not limited to, articles in newspapers, magazines, or on web sites;
dissertations, lectures, and discussions; pictures or art; and software.
By uploading content, you agree that FangZ will not and can not be
held liable for any royalties or lawsuits as a result of displaying
that content. You agree to honor copyrights, and to display the owner's
name, with the disclaimer that they must contact the owner of the
content to use the content.
The U.S. export
control laws regulate the export and re-export of technology originating
in the United States. This includes the electronic transmission of
information and software to foreign countries and to certain foreign
nationals. You agree to abide by these laws -- including but not limited
to the Export Administration Act, the Arms Export Control Act and
their implementing regulations -- and not to transfer, by electronic
transmission or otherwise, any content or software derived from FangZ
to either a foreign national or a foreign destination without first
obtaining any required government authorization. You further agree
not to upload to FangZ any data or software that cannot be exported
without prior written government authorization, including, but not
limited to, certain types of encryption software. This assurance and
commitment shall survive termination of the Agreement.
Monitoring
of Content
FangZ may elect
to electronically monitor public areas for adherence to its TOS and
may disclose any Content, records or electronic communication of any
kind (i) to satisfy any law, regulation or authorized governmental
request, (ii) if such disclosure is necessary to operate FangZ's service,
or (iii) to protect the rights or property of FangZ and its Members.
FangZ will not
intentionally monitor or disclose any private electronic communication
unless permitted or required by law. FangZ may terminate immediately
without notice any Member who misuses or fails to abide by the TOS,
including, without limitation, misuse of the software libraries, discussion
boards, E-Mail, or conference areas.
D.)
Third Party Policies
Third-Party
Services and Purchases
Members may order
and purchase merchandise or services from other members of FangZ,
or from third parties on the Internet. All transactions concerning
third-party goods or services, including, but not limited to, purchase
terms, payment terms, warranties, guarantees, maintenance and delivery,
are solely between the third party and the member. FangZ makes no
warranties or representations whatsoever with regard to any good or
service provided or offered by any third party. FangZ shall not be
a party to a transaction between the member and the third party, or
be liable for any cost or damage arising from the transaction with
the third party.
E.)
Miscellaneous
Invalidity
of TOS
In the event that
any portion of the TOS is held to be invalid or unenforceable, the
invalid or unenforceable portion shall be construed in accordance
with applicable law as nearly as possible to reflect the original
intentions of the parties, and the remainder of the TOS shall remain
in full force and effect. The paragraph headings herein are provided
only for reference and shall have no effect on the construction or
interpretation of the TOS.
No Implied
Warranties
The failure of
either party to insist upon or enforce strict performance by the other
party of any provision of the TOS shall not be construed as a waiver
of any provision or right. Neither the course of conduct between parties
nor trade practice shall act to modify any provision of the TOS.
Jurisdiction
The TOS shall
be governed by and construed in accordance with the laws of the State
of Illinois, except with regard to its conflicts of law rules. Each
party irrevocably consents to the exclusive jurisdiction of the courts
of the State of Illinois and the federal courts situated in the State
of Illinois in connection with any action arising under the TOS or
relating to the FangZ service. Any cause of action by any member or
its authorized users with respect to the FangZ must be commenced within
one (1) year after the claim or cause of action arose, or be barred.
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