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This agreement represents the complete
agreement and understanding between hostsiam and Client and
supersedes any other written or oral agreement. Upon notice
published on-line via hostsiam, hostsiam may modify these
terms and conditions, amplify them, and/or modify the prices,
as well as discontinue or change services offered.
1.
hostsiam makes absolutely no warranties whatsoever,
expressed or implied, for the service it is providing. hostsiam
also disclaims any warranty of merchantability or fitness
for a particular purpose. hostsiam shall not be liable to
Client or any of its customers for any claims or damages which
may be suffered by Client or its customers, including, but
not limited to, losses or damages of any and every nature,
resulting from the loss of data, inability to access the Internet,
or inability to transmit or receive information, caused by,
or resulting from, delays, non deliveries, or service interruptions
whether or not caused by the fault or negligence of hostsiam.
2.
This service may be used only for lawful purposes. Transmission
of any material in violation of any foreign, municipal, state,
county or federal statute or regulation is prohibited. This
includes, but is not limited to: copyrighted material, material
legally judged to be threatening or obscene, or material protected
by trade secret. hostsiam may, at its sole discretion, immediately
discontinue such service to Client, without any liability
other than for the refund of unearned prepaid service fees.
Client must notify hostsiam in writing to cancel service.
Fees for setup are not refundable. Client agrees to indemnify
and hold harmless hostsiam from and against any and all claims,
actions, causes of actions, administrative or government action,
losses or damages (including legal fees and expenses) arising
from the usage by Client.
3.
The use of any data or information received by Client or its
customers from the utilization of the service to be provided
by hostsiam is at Client and its customer's sole and absolute
risk. hostsiam specifically disclaims and denies any responsibility
for the completeness, accuracy or quality of information obtained
through the services to be provided hereby.
4.
Client shall ensure that its use of hostsiam network services
shall not disrupt hostsiam, its associated networks or equipment
forming part of the systems. Clients shall not transmit any
communication where the meaning of the message, or its transmission
or distribution, would violate any applicable law and regulation
or would likely be offensive to the recipient thereof. No
message may be mass distributed, "broadcast", or otherwise
sent on an intrusive basis to any hostsiam user or to any
directly or indirectly attached network. Use of hostsiam connection
in a manner that is disruptive, damaging, unlawful, offensive,
or intrusive as determined by hostsiam shall be considered
a breach of this Policy and may result in cancellation of
service.
5.
Client has no authority, apparent or otherwise, to contract
for, or on behalf of hostsiam, or in any other way legally
bind hostsiam in any fashion, nor shall Client be authorized
to make any representations about hostsiam or its services
other than to reiterate to its customers hostsiam responsibilities
as outlined in this agreement.
6.
hostsiam reserves the right to make changes
to the above terms and conditions of this agreement upon sixty
(60) days written notice to Client, advising of the change
and the effective date thereof. Changes in monthly service
fees shall become effective only at the end of any calendar
quarter for which Client has prepaid for the respective quarter.
Utilization of the service by Client and/or its customers
following the effective date of such change shall constitute
acceptance by Client of such change(s) in terms.
General Information
The Internet is a voluntary association of users interested
in and willing to exchange information and data with other
Internet users. At present there is no oversight group providing
governance over the principles, policies or procedures for
use of the Internet or the information and data accessed via
the Internet.
In order to facilitate their contractual relationship the
Customer and hostsiam wish to define a working protocol of
principles and policies and establish operating guidelines
and acceptable standards of use of the Internet.
To this end the parties agree as follows:
Principles Governing Acceptable use of the Internet by the
Customer
Responsibility and Respect - The Internet is a network intended
for use by mature, adult users. The Customer recognizes this
principle and undertakes at all times to act with respect,
courtesy and responsibility, giving due regard to the interests
and rights of other Internet user groups. This general guideline
carries with it the following specific responsibilities:
a)
Knowledge of the Internet - The Customer agrees
to obtain a basic knowledge of the Internet and its operating
principles and procedures.
b)
Improper Uses - Zero tolerance policy
in effect. UCE Abusers will be suspended without warning
pending review.The Customer will avoid violation
of certain generally accepted guidelines on Internet usage
such as restrictions on mass mailings, mass advertisements,
pirating or copying of software, mail bombing or other methods
of attempting to deny service or access to other users, and
attempts to violate security.
c)
Compliance with Laws - The Customer will ensure that
its use of the Internet complies with all applicable federal,
state and local law and regulation, including but not limited
to those principles of law which protect against compromise
of copyrights, trade secrets, proprietary information and
other intellectual property rights, libel or defamation of
character, invasion of privacy, tortuous interference, and
export of technical or military data to prohibited countries.
d)
Validation of Information - The Customer is responsible for
validating the integrity of the information and data it receives
or transmits over the Internet.
e)
Security - The Customer is required to protect the security
of its Internet account and usage. The Customer(s) password
will be treated as private and confidential and not disclosed
to or shared with any third parties.
f)
Discretion and Judgment - The Customer is
expected to use discretion in the treatment and handling of
Internet information and data and to take particular care
to insure that adult information is not transmitted to juvenile
users of the Internet.
g)
Pornography - Due to legal and social issues, we will
not accept any new customers who publish pornographic images.
If an existing customer publishes pornographic images, hostsiam
may issue a warning and/or suspend your account.
h)
Excessive CPU usage's - Customers will not be allowed to use
excessive amounts of CPU processing on any of our servers
or face immediate suspension. For example: 1) a few customers
have tried re-selling our counters or auto-responders to the
rest of the world which caused an excessive amount of requests
on our server(s). 2) email bombs. 3) re-selling CGI access
to other 3rd parties.
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