We expect our Customers to use the Internet with courtesy and responsibility and to be familiar with and to practice good Internet etiquette. By adhering to the following policies, our Customers are protecting the rights and privileges of all Internet users.
VIOLATION OF ANY OF THE FOLLOWING WILL RESULT IN IMMEDIATE TERMINATION OF ALL CUSTOMER ACCOUNTS AND MAY RESULT IN FINANCIAL PENALTIES TO THE VIOLATOR.
The right to access and use Services is limited to abilities mentioned within this agreement. We may offer additional agreements from time to time upon client request which may provide additional abilities which must be submitted and signed by both parties attested by an owning member of each company. You must adhere to all laws, rules, and regulations which apply to your use of Services including but not limited to Terms of Service, Acceptable Use Policy, all software licensing agreements, and other Policies which are defined or established as needed.
ServedBy the Net, LLC assumes no responsibility or liability for any authorized or unauthorized actions taken by the customer, or any authorized user which is then delegated on behalf of the customer. ServedBy the Net, LLC will provide Customer with an account to provision and manage deployments within ServedBy the Net, LLC's Infrastructure. It is the sole responsibility of the Customer, account owner, to preserve and protect access to their account. You are responsible for all actions and caused activities regardless of whether the action is taken by you, your employees, or any third party (including contractors, agents and temporary representatives). ServedBy the Net, LLC strongly advises that the Customer adhere to strict password policies and procedures. If Customer believes that their account may have been compromised it is the responsibility of the Customer contact ServedBy the Net, LLC as soon as possible to have the account locked and prevent any future unauthorized activity. We and our affiliates are not responsible for any unauthorized access to our Services.
Customers may not attempt to circumvent user authentication or security of any host, network, or account ("cracking"). This includes, but is not limited to, accessing data not intended for the Customer, password sniffing, security hole scanning, IP spoofing, logging into a server or account the Customer is not expressly authorized to access, or probing the security of other networks.
Customers may not attempt to interfere with service to any user, host, or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.
Customers may not use any kind of program/script/command, or send messages of any kind designed to interfere with a user's terminal session, via any means, locally or by the Internet.
Customers must safeguard their account passwords to prevent unauthorized access to their account.
Users who violate systems or network security may incur criminal or civil liability. ServedBy the Net, LLC will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
Customers must ensure that all material and data placed on ServedBy the Net's equipment is in a condition that is "server-ready," which is in a form requiring no additional manipulation on ServedBy the Net's part. We shall make no effort to validate this information for content, correctness or usability. In the event that the Customer's material is not "server-ready," we have the option at any time to reject this material. ServedBy the Net will notify the Customer immediately of its refusal of the material and afford the Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of ServedBy the Net, LLC.
Uses of company's facilities require a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use of the facilities. Customers are responsible for having this level of expertise. It is not the responsibility of ServedBy the Net to provide this knowledge or customer support outside of the service defined in the Service Order and Fee Schedule.
ServedBy the Net, LLC's facilities may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of law is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. ServedBy the Net reserves the right to remove such illegal material from its servers in its sole discretion.
Customers are prohibited from transmitting on or through any of ServedBy the Net, LLC's facilities, any material that is, in ServedBy the Net, LLC's sole discretion, unlawful, threatening, abusive, libelous, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, statute, or regulation.
The Customer is responsible for providing and maintaining accurate and up-to-date billing information. Furnishing false data, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability. Customers may not post defamatory, scandalous, or private information about a person without such person's consent, or make physical threats against another person via email, news, or any other electronic media/service.
The customer is not entitled ownership in any form to any product or service offered by ServedBy the Net. There may be additional agreements provided for different products or services which the customer accepts through the use of products and services.
Customers may not permit the use of mail services, mail-forwarding capabilities, POP accounts, or auto responders other than for the Customer's own account.
Customers may not employ posts or programs that consume excessive CPU time or storage space. ServedBy the Net, LLC reserves the right to kill CPU intensive process without prior notice or incurring of any liability.
Customers are required to subscribe to a ServedBy the Net subscription prior to using any of the products we offer. ServedBy the Net requires a security verification procedure (once an initial subscription has been created) that is executed prior to providing the subscription service. The amount of time to verify customer subscriptions can vary in consideration of the ability we are provided to verify our customer(s). We will do our best to complete this process as quickly as possible and it will generally take less than one business day from the point the subscription has initially been created. This verification procedure is provided as a security service intended to benefit our customers.
Customers are bound by the ServedBy the Net, LLC's Spam Policy.
Harassment, whether through language, frequency, or size of messages, is prohibited. Customers may not forward or otherwise propagate chain letters, whether or not the recipient wishes to receive such mailings.
Malicious email, including but not limited to "mail bombing" (flooding a user or site with very large or numerous pieces of email) and "trolling" (posting outrageous messages to generate numerous responses) is prohibited.
Forging of headers or any other information is not permitted.
Subscribing someone else to a mail list or removing someone else from a mail list without that person's permission is prohibited.
ServedBy the Net, LLC's accounts or services may not be used to collect replies to messages sent from another Internet Service Provider, where those messages violate this Acceptable Use Policy or the Acceptable Use Policy of that other provider.
ServedBy the Net, LLC is not responsible for the content of any newsgroup posting, whether or not a ServedBy the Net, LLC Customer made the posting.
Customers are prohibited from posting the same or similar message to large numbers of newsgroups (excessive cross-posting or multiple-posting, also known as "USENET SPAM").
Customers are prohibited from forging header information. This includes attempting to circumvent the approval process for posting to a moderated newsgroup.
A customer may not solicit mail for any other address, other than that of the Customer's ServedBy the Net, LLC account or service, with the intent to harass or collect replies after ServedBy the Net, LLC's service has been terminated.
IRC robots ("bots" or "clones") or IRC sessions may not be run from ServedBy the Net, LLC's shared server accounts.
Customers are prohibited from using IRC scripts or programs that interfere with or deny service to other users on any server or host.
ServedBy the Net, LLC will not sell or knowingly disclose its customer lists or customer email or listserv address lists. We will attempt to protect the privacy of our Customers and their information that is stored on our network. ServedBy the Net, LLC will only access and disclose information as necessary to comply with applicable laws and government orders, to operate and maintain our systems and services, or to protect ourselves or our Customers.
ServedBy the Net, LLC will not monitor or disclose a Customer's private email messages or other facility usage unless required by court order or law. We will cooperate with the authorities and will notify such authorities if it suspects that a Customer is engaged in illegal activities to the limit the law allows or requires, at ServedBy the Net, LLC's sole discretion.
ServedBy the Net, LLC will, from time to time, use our customer mailing lists for network updates, system information and general sales information including portfolio presentation. ServedBy the Net, LLC may in the future limit all mailings to those clients who want to participate.
Customer passwords are confidential and will not be made available to any person or company outside of ServedBy the Net, LLC for any reason whatsoever.
All information will be stored as securely as possible while maintaining the ability for authorized ServedBy the Net, LLC's staff to quickly and effectively access this information when required for operational purposes.
THIS ACCEPTABLE USE POLICY DEFINES THE ACTIONS WHICH SERVEDBY THE NET, LLC CONSIDERS TO BE ABUSIVE, AND THUS, STRICTLY PROHIBITED. THE EXAMPLES SET FORTH IN THIS POLICY ARE NON-EXCLUSIVE, AND ARE PROVIDED SOLELY FOR GUIDANCE TO SERVEDBY THE NET, LLC's CUSTOMERS.
This agreement will be updated from time to time, in accordance with the many changes involved with Internet Technology. ServedBy the Net will make this document available on request. As a benefit to our end-user we will also post the most recent version of this document on our web-site as a reference to our customer. ServedBy the Net, LLC reserves all rights to make any changes to this document as needed, in ServedBy the Net's sole discretion.
If any suit or action arising out of or related to this Agreement is brought by any party, the prevailing party or parties shall be entitled to recover the costs and fees including without limitation reasonable attorneys' fees, the fees and costs of experts and consultants, copying, courier and telecommunication costs, and deposition costs and all other costs of discovery incurred by such party or parties in such suit or action, including without limitation any post trial or appellate proceeding, or in the collection or enforcement of any judgment or award entered or made in such suit or action. "Prevailing Party" shall include without limitation (a) a party who dismisses an action in exchange for sums allegedly due; (b) the party who receives performance from the other party of an alleged breach or a desired remedy that is substantially equivalent to the relief sought in an action or proceeding; or (c) the party determined to be the prevailing party by an arbitrator or a court of law.
User shall defend and indemnify ServedBy the Net, LLC, and hold ServedBy the Net, LLC harmless against, any and all losses, liabilities, demands, claims, actions or causes of action, assessments, costs, damages or expenses (including attorneys' fees and accountant's fees), including those incurred in any trial, appeal or arbitration that are occasioned by any fraud or criminal activity carried on by User (i) that are occasioned by any breach or violations of covenants contained herein or any integrated document; (ii) which result from any claim of any kind by a third person relating to the conduct of the User and not related to the activities of ServedBy the Net, LLC; (iii) which results from any claim or any kind by any third person relating to products provided or services performed by User or User's employees for which ServedBy the Net, LLC is added as a party to any proceeding or demand for action or payment is made upon it.
Please contact us directly if you wish to request the latest version of these terms & conditions.