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| | Active-Server Service Contract |
| - Defined Terms
- The following words used in context of the Service Contract are defined as follows:
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- "Provider"
- Plateau, Ltd. a Washington State Corporation, d.b.a. Active-Server.com
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- "Client"
- The person or entity who is applying for Active-Server services
- Agreement
- The Provider agrees to provide, and Client agrees to receive, access to the Active-Server services according to the following terms and conditions:
1. Client will use the Active-Server services in a manner consistent with any and all applicable laws of the States of Washington and Utah and the US Federal Government.
2. Provider reserves the right, in its sole discretion, to deactivate the Client's Active-Server account(s) upon an indication of credit problems including delinquent payments.
3. THE PROVIDER SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. THE PROVIDER GIVES NO WARRANTY, EXPRESSED OR IMPLIED, FOR THE ACTIVE-SERVER SERVICES PROVIDED, INCLUDING, WITHOUT LIMITATION, WARRANTY OF MERCHANTABILITY AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THIS EXPRESSLY INCLUDES ANY REIMBURSEMENT FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE BY PROVIDER OR ITS PROVIDERS BEYOND THE FEES PAID BY CLIENT TO PROVIDER FOR SERVICES.
4. Provider is not responsible for any damages arising from Client's use of Provider or by Client's inability to use the Active-Server services for any reason.
5. While Provider shall make every reasonable effort to protect and backup data for Client on a regular basis, Provider is not responsible for Client's files residing on Provider. Client is solely responsible for independent backup of data stored on Provider servers.
6. CLIENT HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER THROUGH CLIENT'S ACCOUNT(S) WILL NOT VIOLATE OR INFRINGE ANY COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON LAW OR PROPRIETARY RIGHTS OF OTHERS, OR CONTAIN ANYTHING LIBELOUS OR HARMFUL. ANY POTENTIALLY ILLEGAL ACTIVITY MAY CAUSE THAT YOUR SITE BE DEACTIVATED WITHOUT WARNING BY THE PROVIDER. CLIENT HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS THE PROVIDER FOR ANY CLAIM RESULTING FROM THE SUBMISSION OF ILLEGAL MATERIALS.
7. CLIENT HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER THROUGH CLIENT'S ACCOUNT(S) WILL NOT CONTAIN ANYTHING LEADING TO AN ABUSIVE OR UNETHICAL USE OF THE ACTIVE-SERVER PRODUCT(S) OR THE HOST SERVER(S). ABUSIVE AND UNETHICAL MATERIALS AND USES INCLUDE, BUT ARE NOT LIMITED TO PORNOGRAPHY, OBSCENITY, NUDITY, ADULT ORIENTATED, VIOLATIONS OF PRIVACY, COMPUTER VIRUSES, AND ANY HARASSING AND HARMFUL MATERIALS OR USES. CLIENT HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS THE PROVIDER FROM ANY CLAIM RESULTING FROM YOUR PUBLICATION OF MATERIALS OR YOUR USE OF THOSE MATERIALS. PROVIDER MAY OR MAY NOT GIVE NOTICE BEFORE DEACTIVATING THE USE OF AN ACCOUNT(S) WHICH THE PROVIDER DECIDES IS AN ABUSIVE OR UNETHICAL USE OF THE ACTIVE-SERVER ACCOUNT(S) OR HOST SERVER(S).
8. Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. Provider is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider or its customers may utilize.
9. Use of distribution lists via unsolicited electronic mail or other mass electronic mailings or news group postings is strictly prohibited. The Provider reserves the right to deactivate the Client's Active-Server account(s) upon an indication of such activity. Client hereby agrees to indemnify and hold harmless the provider from any claim resulting from the Client's or another party's use of electronic mail service(s) on the Client's Active-Server account(s).
10. In the event it is necessary to refer any dispute to an attorney or resolve it in a court of law, the prevailing party will be entitled to an award of reasonable attorney's fees and all costs associated with any legal action, whether or not a suit shall actually be filed.
11. Provider maintains control and any ownership of any and all I.P. numbers and addresses that may be assigned to Client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.
12 Client agrees that if client disputes any credit card charges, Provider reserves the right, in its sole discretion, to deactivate the Client's Active-Server account(s) without prior warning.
13. If Client is not satisfied with Active-Server services within the first 30 days of service, provider will refund the server rental fee. Fees for optional items, setup fees, dedicated server fees and any other fees paid are excluded.
14. All services are rendered on a month to month basis, regardless of the billing option selected. After the 1st 30 days of service the client agrees to give 30 days notice prior to termination of their account with provider. In order to cancel service the client agrees to follow the current cancellation procedures outlined on our web site under "Policy and Procedures". http://www.active-server.com/policies.htm#cancel
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