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Service Agreement
The following agreement is
between compuTRnet.com, (here forth known as "compuTRnet"),
a West Virginia Company, of 461 Lawnview Circle, Morgantown,
WV 26505 , and you (here forth know as "Client").
WHEREAS, compuTRnet
is an Independent information provider connected to the
Internet. compuTRnet offers data storage and transfer services
(web hosting) over the Internet;
WHEREAS, Client seeks to
utilize compuTRnet's equipment and software for its own
purposes with full knowledge that compuTRnet is a Independent
Web Hosting Provider and with full knowledge that compuTRnet
has full control over the actual servers the account is
placed on; as the original owner(s) of the server(s) compuTRnet
may at their discretion, terminate an account for any violation
to the Terms of Acceptable Usage Policy.
WHEREAS, the parties acknowledge
that the Internet is neither owned nor controlled by any
one entity; therefore,compuTRnet can make no guarantee that
any given person on-line shall be able to access anyone
of compuTRnet's webservers at any given time. compuTRnet
represents that while it shall make every good faith effort
to ensure that its equipment is available as widely as possible
and with as little service interruption as possible, compuTRnet
can not be held responsible to the client for services terminated
due to Clients Violation of the Terms of Acceptable Usage
Policy. If an account is closed due to violations, all contracts
with compuTRnet are considered void and no money will be
refunded.
NOW THEREFORE, in consideration
of the mutual promises contained herein, the parties agree
as follows;
First and foremost, compuTRnet
reserves the right to refuse service, including but not
limited to continued or renewed service, to any one, for
any reason. compuTRnet practices a zero tolerance policy
for violations to this agreement! Violations can, at compuTRnet's
discretion, result in immediate termination of an account
and all applicable clean-up/disconnect fees being charged
to the client without prior written or emailed notice to
the client!
Age:
The Client certifies that he or she is at least 18 years
of age. If the client is not at least 18 years of age, then
he/she has been granted the permission by his/her legal
guardian to act on that guardian's behalf. Under these circumstances,
the underage client has been granted permission to use compuTRnet's
services and enter into this agreement on behalf of the
legal guardian. A legal guardian/parent MUST sign the Terms
of Acceptable Usage Policy Agreement.
II. Financial Arrangements:
1. Client agrees to a minimum one year contract, beginning
upon compuTRnet's receipt by fax, postal mail or e-mail
of client's order.
Clients exceeding the 25
Gigabyte data transfer rate (per month) will be charged
$7 per gigabyte over the 25 gigabyte per month limit. Data
transfer rate includes web traffic (website visitors), FTP
(file uploads), Anonymous FTP (file downloads), and E-mail
services.
3. This agreement will automatically
renew for one yearunless canceled in writing (email is OK)
at least 18 days prior to the renewal date. Renewal of services
by Client indicates agreement to any Contract Agreement
revisions without notice of those revisions by compuTRnet.
It is and remains the clients responsibility to periodically
review these policies and to ensure that all accounts at
compuTRnet are within the Terms of Acceptable Usage Policy/Agreement.
III. Taxes:
compuTRnet shall not be liable for any taxes or other fees
to be paid in accordance with or related to purchases made
from Client or compuTRnet's equipment. Client agrees to
take full responsibility for all taxes and fees of any nature
associated with such products sold.
III. Material and Products:
Client will provide compuTRnet with material and data in
a condition that is "server-ready", which is in
a form requiring no additional manipulation on the part
of compuTRnet. compuTRnet shall make no effort to validate
this information for content, correctness or usability.
IV. Competency
Use of compuTRnet's service requires a certain level of
knowledge in the use Internet languages, protocols, and
software. This level of knowledge varies depending on the
anticipated use and desired content of Client's Web space
by the Client.
The following examples are
offered:
Web Publishing: requires
knowledge of HTML, properly locating and linking documents,
FTPing documents, creating graphics, text, sound, image
mapping, etc. compuTRnet does not provide design, cgi-programming,
nor program setup service. You may contact design companies
to assist you with your web site.
V. Content
1.compuTRnet will exercise no control whatsoever over the
content of the information passing through the Internet.
compuTRnet disclaims any warranty of merchantability or
fitness for particular purpose and will not be responsible
for any damages that may be suffered by the Client, including
loss of data resulting from delays, non-deliveries or service
interruptions by any cause or errors or omissions of the
Client. Use of any information obtained by way of compuTRnet
is at the Client's own risk, and compuTRnet specifically
denies any responsibility for the accuracy or quality of
information obtained through its services. Connection speed
represents the speed of a connection to and does not represent
guarantees of available end-to-end bandwidth.compuTRnet
expressly limits its damages to the Client for any non-accessibility
time or other down time to the prorated monthly charge during
the system unavailability. compuTRnet specifically denies
any responsibilities for any damages arising as a consequence
of such unavailability.
2. In the event that any
particular clients' material is not "Server-ready",
compuTRnet may, at its option and at any time, reject this
material, including but not limited to after it has been
put on compuTRnet's webservers. This includes compuTRnet's
right to disable such non-"Server-ready" materials,
such as CGI scripts or programs which consume an unreasonable
amount of CPU (Central Processing Unit) (over 20%) usage
or RAM (Random Access Memory) as determined by compuTRnet.
compuTRnet may also at its discretion at any time, suspend
access to any client's website without notice, due to over-consumption
of bandwidth (exceeding 17,000MB/perday transfer) that causes
excessive CPU usage, or any other reason which might effect
the performance of compuTRnet services. compuTRnet agrees
to notify Client immediately of its refusal of the material
and/or suspension of the account and afford Client the opportunity
to amend or modify the material to satisfy the needs and/or
requirements of compuTRnet. If the Client fails to modify
the material, as directed by compuTRnet, within a reasonable
period of time established by compuTRnet, the Agreement
shall be deemed to be terminated without refund.
VI. Acceptable Uses
Client is expected to use
the Internet with respect, courtesy, and responsibility,
giving due regard to the rights of other Internet users.
Client is expected to use his/her account for the purposes
of maintaining a website only. No file distribution, for
download sites, are welcomed! Common sense is the best guide
as to what is considered acceptable use.
When customers disseminate
information through the Internet, they also must keep in
mind that we do not review, edit, censor or take responsibility
for any information our customers may create. This places
on customers what will be, for most, an unfamiliar responsibility.
When users place information on the Internet, they have
the same liability as other authors for copyright infringement,
defamation and other harmful speech. Also, because the information
they create is carried over our facilities and may reach
a large number of people, including both customers and noncustomers
of ours, customers' postings to the Internet may affect
other customers and may harm our goodwill, business reputation
and operations. For these reasons, customers violate our
policy and the Services Agreement when they, their affiliates
or subsidiaries engage in the following activities: Adult
Material Restrictions
compuTRnet forbids websites
with adult graphic content (softcore and/or hardcore), including,
but not limited to, banners advertising any adult website(s),
child pornography, and distribution of adult website passwords.
Client's whose accounts are found in violation of this policy
may, at the discretion of compuTRnet, have their account(s)
terminated immediately without notice and are subject to
a maximum $250 clean-up/disconnection fee. Violation of
indecency and obscenity laws can result in criminal penalties.
File Distribution/Mirroring
compuTRnet forbids use of
service for those who provide mirroring service for other
website or websites, and/or file distribution. An account
that is comprised of 50% or more graphics, is grounds to
terminate the account without notice and without refund
under this file distribution policy. Distribution of executable
programs, archive files, or other non-visual file types
are not welcome. Client's whose accounts who are found in
violation of this policy may, at the discretion of compuTRnet,
have their account(s) terminated without notice and are
subject to a maximum $250 clean-up/disconnection fee.
Note: You are not permitted
to have any commercially available software, fixes, patches
or electronic media for download on your site. We reserve
the right - at any time, to terminate service if we find
that you have violated this term. Additionally, should you
be found to be in violation of any licensing agreements
currently in place, we reserve the right to permanently
terminate your service without refund. In English - no download
sites! You may however, link to the commercially owned material
directly to the commercial site that owns the materials.
Hate Material Restrictions
Defamatory speech distributed
over the Internet can result in civil liability for the
defamer and litigation against the ISP whose facilities
were used to distribute the defamatory material.
Hatred messages including
racism, sexism, or content promoting one particular race,
sex, or nationality as superior and/or another race, sex,
or nationality as inferior is unacceptable on compuTRnet
servers. Client's whose accounts are found in violation
of this policy may, at the discretion of compuTRnet, have
their account(s) terminated immediately without notice and
are subject to a maximum $250 clean-up/disconnection fee.
Illegal Activity Restrictions
Client's whose website promotes
activities that violate federal, state, local laws and/or
violation of U.S. export restrictions are also not welcome
at compuTRnet. This includes "warez" sites (freely
distributing copyright programs, .exe.files, or materials),
or sites promoting hacking and/or cracking programs. Client's
whose accounts are found in violation of this policy may,
at the discretion of compuTRnet, have their account(s) terminated
without notice and are subject to a maximum $500 clean-up/disconnection
fee. Additionally,compuTRnet may contact the Software Piracy
Association ("SPA") and release any information
in connection with any illegal activities relating to software
piracy on the Client's account.
Illegal/Unauthorized Access
to Other Computers or Networks
The illegal or unauthorized
accessing (often known as "hacking") of computers
or networks carries potential civil and criminal penalties
under both federal laws and the laws of most states. This
activity on any account will result in the immediate termination
of an account without notice and without refund! In English...no
"Hacking" allowed!
Distribution of Internet
Viruses, Worms, Trojan Horses and Other Destructive Activities
Distribution of Internet
viruses, worms, Trojan horses and other destructive activities,
such as hacking, can result in serious civil and or criminal
liability under federal and state law. This activity on
any account will result in the immediate termination of
an account without notice and without refund!
Spamming/Mailbombing/Trolling
Restrictions/Mailing Lists
Unsolicited, commercial mass
e-mailing (known as "spamming") is a strongly
disfavored practice among Internet users and service providers.
It is particularly harmful not only because of its negative
impact on consumer attitudes toward us, but also because
it can overload our equipment and disrupt service to our
customers.
Spamming is the sending of
unsolicited e-mail, regardless of size or volume, to persons
the sender does not know or have prior consent to send the
message to. Using fictitious e-mail addresses @compuTRnet.com
or any domain name hosted with compuTRnet is strictly forbidden.
Spamming also includes sending unsolicited advertisements
to numerous email addresses or newsgroups and/or generating
a significantly higher volume of outgoing email than a normal
user. A violation of this policy extends to clients who
send unsolicited e-mail from a domain name not affiliated
or hosted with compuTRnet but the mail message makes mention
of a website hosted with compuTRnet.
compuTRnet allows clients
to send mailings to subscribers of their own mailing list.
Such mailings must have explicit instructions to the recipient
on how to remove his/her name from the list, and all requests
to do so must be honored immediately. Client agrees not
to send mailings to lists provided by an outside agency
or individual. Client further agrees not to provide mailing
list services to others. Due to the nature of a shared-server
environment, compuTRnet requests that mailing lists be sent
during non-peak hours, specifically between the hours of
1:00 am and 5:00 am, Central Time.compuTRnet reserves the
right to terminate a client's mailing program, whether provided
by compuTRnet or not, immediately and without notification
to client if said list causes a problem with the e-mail
services of other clients.compuTRnet also reserves the right
to forbid a client from utilizing any mail-sending program
that jeopardizes the mail services of other clients.
Due to the consumption of
system resources and overloading of the e-mail server, compuTRnet
forbids the use of the Gossamer Links program by any client.
Trolling, the posting of
outrageous messages to generate numerous responses, is also
not allowed. Mailbombing, the sending of multiple messages
without significant new content to the same user and/or
subscribing someone else to a mailing list without that
person's permission, cross-posting articles to an excessive
number of newsgroups, or attempting without authorization
to enter into a secured computer system is strictly forbidden.
compuTRnet reserves the right to determine what constitutes
abuse of this policy. Clients whose accounts are found in
violation of this policy may, at the discretion of compuTRnet,
have their account(s) terminated without notice and are
subject to a maximum $500 clean-up/disconnection fee.
IRC Bots Restrictions
IRC Bots, or any other automaton
programs written in C, Perl or IRC-script used specifically
in conjunction with IRC are not allowed. These programs
tie up system resources and are in no way related to maintaining
a website. Clients are not allowed to have any programs,
including but not limited to, Eggdrop, or any other IRC-related
programs, within their account. Client agrees not to upload
the tar file for any of these programs or to execute them
within their account. The first violation of this policy
will result in the IRC-related program to be removed from
the Client's account and compuTRnet will notify the Client
immediately of the violation. The second violation of this
policy may, at the discretion of compuTRnet, result in the
Client's account(s) being terminated without notice and
a maximum $250 clean-up/disconnection fee.
Copyright Restrictions
It is the responsibility
of the client to ensure that all information within their
account is their own work! Due to distribution rights of
shareware programs, clients may not distribute freeware
software programs unless the programs are their own work!
Copyrighted materials include art, graphics, music and other
works. MP3 is a popular file format for encoding music.
While we do not ban MP3s, we do ask that any MP3s you have
on your website are not in violation of any copyrights.
Copyrighted material, in any format, cannot be placed within
client's account without providing compuTRnet proof of Written
Permission prior to such material being placed on the client's
account. Clients agree to indemnify compuTRnet of any possible
litigation involving trademark or copyrighted materials.
The best rule to follow is not to copy work from someone
else unless you have been granted Written Permission to
use these materials on your website.
Violation of copyrights held
by individuals and corporations or other entities can result
in civil and criminal liability for the infringer, and can
involve the ISP in litigation and possible loss of reputation.
compuTRnet therefore does NOT tolerate copyright infringement
on our servers, period! If any account places compuTRnet's
business or reputation at risk, the account will be terminated
immediately and without refund!
Client agrees not to modify
any copyright notices in features (Perl programs, etc.)
provided by compuTRnet. Modification of scripts provided
by compuTRnet without written permission is strictly prohibited.
Violation of any part of
this Copyright Restrictions policy will result in, at the
discretion of compuTRnet,the Client's account(s) terminated
immediately without notice and without refund, and a maximum
$500 clean-up/disconnection fee being charged to the account.
All of compuTRnet's web site
is copyrighted by compuTRnet, all rights are reserved. All
of compuTRnet logo images are TM registered and belong solely
to compuTRnet, and may not be copied or used. All compuTRnet
logo's and images are embedded with our copy write ID for
proof of ownership and identification purposes. Client,
Resellers, Agents, Employees, agrees not to link to, copy,
modify, or otherwise alter any materials used on compuTRnet's
web site without prior written consent; to include all html,
logo's, images, graphics, music (midi or wav files), forms,
and various other site content. This copy write notice extends
to all future, current and former clients, affiliates, and
employees of compuTRnet. Any notice of copy right infringement(s)
should be addressed to compuTRnet.com for full investigation.
The best policy is to think and ask before you take! Any
violations of this copy right notice will result in immediate
termination of an account.
Bandwidth Theft:
Bandwidth theft against compuTRnet
server(s) is strictly forbidden. Bandwidth theft is the
linking to images, etc...that reside on compuTRnet servers.
Client agrees not to 'link to' any images, html, or other
materials used on compuTRnet's web site or server without
expressed prior written consent. compuTRnet practices a
'zero tolerance' policy for Bandwidth theft. Clients whose
accounts are found in violation of this policy may, at the
discretion of compuTRnet, have their account(s) terminated
without notice and are subject to a maximum $500 bandwidth/clean-up/disconnection
fee.
Emulator/ROM Restrictions
Client agrees not to store
Game-emulators or ROMs within their account. These emulators/ROMS
commonly violate copyright law and therefore are not allowed
at compuTRnet. Any emulator(s), or programs that will allow
you to play certain ROMs for a specific game console or
computer or ROM(s), (read only memory) game cartridges in
binary format are prohibited. If these programs are found
within the Client's account, it may, at the discretion of
compuTRnet, result in the Client's account(s) terminated
without notice and a maximum $200 clean-up/disconnection
fee.
Excessive Usage :
Client agrees to take all
responsibility for all programs including CGI scripts, file
downloads, file transfers executed under their account.
Programs that consume an excessive amount of CPU run time
or Random Access Memory (RAM) are not permitted. Client
agrees and understands that such excessive use can have
an adverse effect on the performance of the webserver. Client
agrees to accept responsibility for programs executed under
his/her account, regardless of who authored the program.
The use of cgi or html chat scripts or pages is strictly
prohibited. compuTRnet provides two (2) acceptable chat
programs for clients at no charge. compuTRnet reserves the
right to suspend accounts without notice to clients who
violate these terms. compuTRnet has sole discretion over
what constitutes excessive usage.
Programs provided by compuTRnet
as an installable feature are not exempt from this policy.
While every efforts is made on compuTRnet's end to ensure
the program it provides are efficient, problems with excessive
usage on particular programs may occur. Violations of this
policy may, at compuTRnet's descretion, result in the termination
of an account without notice, and without refund. A clean-up/disconnect
fee of $250.00 may be applied for violations to this policy.
Export Control Violations
The law limits the ability
of persons to export encryption software, over the Internet
or otherwise, to points outside the United States.
Other Activities, whether
lawful or unlawful, that we determine to be harmful to our
customers, operations or reputation, including any activities
that restrict or inhibit any other user from using and enjoying
the service or the Internet.
We have pointed out, the
responsibility for avoiding the harmful activities just
described rests primarily with the customer. We will not,
as an ordinary practice, monitor the communications of our
customers to ensure that they comply with our policy or
applicable law. When we become aware of harmful communications,
however, we may take any of a variety of actions. We may
remove information that violates our policies, implement
screening software designed to block offending transmissions,
or take any other action we deem appropriate, including
termination of a customer's contract with us.
Payments, Pre-Authorized
Payment and Billing Procedures :
By placing an order for Web
Hosting Services, all credit card orders MUST agree for
compuTRnet to submit the charge to a Clients credit card.
By placing an order for Web Hosting Services with compuTRnet,
either by online order form, fax, email or telephone orders,
Clients give authorization for compuTRnet to charge the
appropriate charges to the Clients supplied credit card
number. It further serves as a Clients legal signature of
credit card charges to be initiated, wether by online order
form, email, fax or phone order. compuTRnet may at any time
require that a Client sign an actual Charge Slip prior to
account setup or renewal!
By placing an order for web
hosting with compuTRnet, clients thereby further agree to
and authorize automatic account renewal and authorize compuTRnet
to make automatic debits for renewal procedures as follows.
On your renewal date, your
credit card will be charged the monthly fee (minus setup
fee) that you chose at setup times the number of months
in your account term. For example, a client that signed-up
a 6 month account on 2/18 would be up for renewal on 8/18
of the same year, at which time his or her credit card would
be automatically charged for renewal of account. Domain
registration renewal will be 2 years from signup date and
you will be charged the rate domain registration rate current
as of that date. Thereafter, domain registration fee will
be charge on your anniversary date. Signing of this legal
document serves as Clients authorization and signature to
initiate a charge to Clients credit card for services, and
litigates approval signature for renewal charges to be applied
to that same credit card. Refusal of this policy may result
in cancellation of Clients account. Credit Card fraud will
be reported to the authorities and legal counsel.
VII. Trademarks & Copyrights:
Client warrants that it has
the right to use the applicable trademarks, if any, and
grants compuTRnet the right to use such trademarks in connection
with compuTRnet's service. This includes the right granted
by Client to compuTRnet to advertise the Client in conjunction
with compuTRnet's service.
IIX. Hardware, Equipment
& Software:
The customer is responsible
for and must provide all telephone, computer, hardware and
software equipment and services necessary to access compuTRnet.
This equipment includes a personal computer equipped with
a 2400 baud modem or faster, Internet access via an ISP
("Internet Service Provider"). compuTRnet makes
no representations, warranties or assurances that the Customer's
equipment will be compatible with the compuTRnet service.
Client understands that compuTRnet is not an ISP and therefore
will not provide dial-up Internet access for the Client.
Limitations
Client is not entitled to
any sort of refund due to ignorance of compuTRnet's underlying
service or payment policies. This includes, but is not limited
to, cancellation because of a one year payment upfront,
compuTRnet not providing dial-up Internet access, problems
registering or transferring any domain, U.S. top-level or
foreign, getting programs (CGI scripts) or features (search
engines, guest books, etc.) working on the Client's account.
Accounts sold through any of compuTRnet's resellers or their
resellers are not eligible for a refund from compuTRnet
of any services under a money-back guarantee that is offered
by the Reseller. Client may not be entitled to any sort
of refund because he/she had violated any one of the restrictions
outlined in the acceptable uses policy above, even if the
Client provided written notice within 30 days for a service-related
reason. Client will not be entitled to a refund for cancellation
due to the fact that he/she did not read our acceptable
uses and later learned that his/her content violates our
acceptable uses. Acts of God, including but not limited
to, earthquakes, thunderstorms, or fires which result in
an interruption in service are exempt from the service guarantee.
Because these circumstances are beyond the control of compuTRnet,
the service guarantee will be void under these conditions.
However, compuTRnet will make every good faith effort to
reinstate service to Client as quickly as possible.
XII. Termination:
This Agreement may be terminated
by either party, without cause, by giving the other party
30 days written notice. Notwithstanding the above, compuTRnet
may terminate service under this Agreement at any time,
without penalty, and collect any termination fees as outlined
above if the Client fails to comply with the terms of this
Agreement.
Refunds:
Refunds can be made available for the unused portion of
your contract. Since significant discounts have been given
because of our one year service agreement. As such, for
each month of refund a 3% fee will be deducted.
Indemnification:
Client agrees that it shall
defend, indemnify, save and hold compuTRnet.com harmless
from any and all demands, liabilities, losses, costs and
claims, including reasonable attorneys' fees, ("Liabilities")
asserted against compuTRnet, its agents, its customers,
resellers and employees, that may arise or result from any
service provided or performed or agreed to be performed
or any product sold by Client, its agents, employees or
assigns. Client agrees to defend, indemnify and hold harmless
compuTRnet against Liabilities arising out of (i) any injury
to person or property caused by any products sold or otherwise
distributed in connection with compuTRnet's equipment; (ii)
any material supplied by Client infringing or allegedly
infringing on the proprietary rights of a third party; (iii)
copyright infringement and (iv) any defective product which
Client sold using compuTRnet's service.
XVI. Contract Revisions:
Revisions to this Contract
will be applicable to previous Contracts. Revisions will
be considered agreed to by the Client on renewal of compuTRnet
service as specified in Section I, Financial Arrangements.
This Agreement constitutes
the Terms of Acceptable Usage understanding of the parties.
Any changes or modifications to this Contract thereto are
agreed to by both parties upon initial order and renewal
of services. Modifications to this Contract may be made
by compuTRnet with 30 days prior notice to clients. It is
the responsibility of the client to remain informed or current
policies, etc.
This Agreement shall be governed
and construed in accordance with the laws of the State of
West Virginia and of the Internet.
By placing an order for compuTRnet's
services, both parties agree to the terms of this contract/agreement
as outlined above and will therefore be legal and binding
to all Clients of compuTRnet.
Note: compuTRnet may at any
time, revise the Acceptable Uses Policy without advanced
notice given to clients. Renewal of web hosting with compuTRnet
constitutes acceptance to all modifications to the Acceptable
Uses Policy and to the Contract for Web Hosting. The maximum
clean-up/disconnection fee is $500.00. compuTRnet has sole
discretion of any actual fee's charged (if any), not to
exceed the maximum allowed amount, for terminations due
to violations of our Acceptable Uses Policy and/or Service
Agreement. If an account is terminated for violation(s)
of this Acceptable Uses Policy, no refund(s) will be made
to the client by compuTRnet. By placing an order for web
hosting with compuTRnet, clients thereby agree to these
terms of Acceptable Uses Policy and Service Agreement. Clients
not submitting a signed TOS to our office are NOT exempt
from these policies and procedures, nor exempt from this
Terms of Acceptable Usage Policy.
The below signature serves
as my Charge Card Signature, and serves as agreement to
the above Terms of Usage Policy. Client understands that
failure to submit this signed document to compuTRnet could
result in termination of my account without refund.
revised 01/11/2003. All prior
prints are void.
Complaints about violators
of our policies should be referred to compuTRnet.com. Each
complaint will be investigated.
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