This document applies to all existing, prospective, and/or new clients, and supersedes any statements, policies or agreements made previously, whether orally or in writing.
1. ACCEPTABLE USES POLICY
As an Internet presence provider ("IPP"), we offer our clients the means to disseminate a wealth of public, private, commercial and non-commercial information. We also want our clients to be fully informed of their rights and obligations - and ours - in connection with their use of the Internet. The policies outlined below, which supplements and explains certain terms of each client's respective services agreement, is intended as a plain English guide to those rights and obligations.
The fundamental fact about the Internet is that no one - neither us, nor anyone else - owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others.
When clients 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 clients may create. This places on clients 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 clients and nonclients of ours, clients' postings to the Internet may affect other clients and may harm our goodwill, business reputation and operations. For these reasons, we reserve the right to terminate your account or services at any time.
Reasons for termination may include but are not limited to:
Spamming -- 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 clients.
Copyright Violation -- 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 IPP in litigation and possible loss of reputation.
Distribution and/or Transmission of Obscene or Indecent Speech or Materials -- Violation of indecency and obscenity laws can result in criminal penalties.
Defamation -- Defamatory speech distributed over the Internet can result in civil liability for the defamer and litigation against the IPP whose facilities were used to distribute the defamatory material.
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.
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.
Other activities -- Whether lawful or unlawful, any action that we determine to be problematic to our clients, operations or reputation can be deemed as unacceptable. Examples may include but are not limited to: non-payment, excessive usage, harassment, rudeness, or activities that restrict or inhibit others from using and enjoying our services or the Internet.
As we have pointed out, the responsibility for avoiding the harmful or disruptive activities just described rests primarily with the client. We will not monitor the communications of our clients 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 client's contract with us.
We also are aware that many of our clients are themselves providers of Internet services, and that information reaching our facilities from those clients may have been originated by third parties. We do not require our clients who offer Internet services to monitor or censor transmissions created by clients of its clients. At the same time, anyone who knowingly transmits materials that violate law or our policies are, themselves, in violation of our policy. Similarly, we anticipate that clients who offer Internet services will cooperate with us in any corrective action that we deem necessary, in order to correct and prevent the transmission of material that is harmful to us or our clients. Failure to cooperate with such corrective and preventive measures is a violation of our policy.
We also are concerned with the privacy of online communications. We strongly encourage using SSL security on all websites, file transfers and emails. It is also essential to use strong passwords and to keep all websites updated for security purposes. In general, the Internet is neither more nor less secure than other common communications media, including mail, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, we urge our clients to assume that all of their online communications are insecure.
We can not take any responsibility for the security of communications transmitted over our facilities. We will comply fully, however, with all applicable laws concerning the privacy of our clients' online communications. In particular, we will not intentionally monitor or disclose any private electronic mail messages sent or received by our clients unless required to do so by law. We may, however, monitor our service electronically to determine that our facilities are operating satisfactorily. Also, we may be required to disclose information transmitted through our facilities in order to comply with court orders, statutes, regulations or governmental requests. Finally, we may disclose information transmitted over our facilities where necessary to protect us and our clients from harm, or where such disclosure is necessary to the proper operation of the system.
We expect that our clients who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A client's failure to comply with those laws will violate our policy.
We hope this Policy Statement is helpful in clarifying the obligations of Internet users, including us and our clients, as responsible members of the Internet.
Complaints about violators of our policies should contact us at firstname.lastname@example.org. Each complaint will be investigated.
2. LIMITATION OF EARTH PLAZA'S OBLIGATIONS AND LIABILITY
A. Earth Plaza will utilize its best efforts to maintain acceptable performance of services contracted for services, but Earth Plaza makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness for a particular purpose. Earth Plaza cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via its system or via the Internet. Earth Plaza will not be liable for the inadvertent disclosure of, or corruption or erasure of, data transmitted or received or stored on its system. Earth Plaza shall not be liable to client or any of its clients for any claims or damages which may be suffered by client or its clients, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access Internet, or inability to transmit or receive information, caused by, or resulting from, delays, nondeliveries, or service interruptions whether or not caused by the fault or negligence of Earth Plaza, suppliers, partners, or upstream service providers.
B. Earth Plaza’s liability to client, and any end user of any plan or other Earth Plaza services is limited to the amount paid to and received by Earth Plaza for services not accepted. In no event shall Earth Plaza be liable to a client, an end user or any other entity for any special, consequential, or other damages, however caused, whether for breach of contract, negligence or otherwise, even if Earth Plaza has been advised of the possibility of such damage.
C. Client will take all necessary measures to preclude Earth Plaza from being made a party to any lawsuit or claim regarding Earth Plaza services. Client hereby agrees to indemnify and hold harmless Earth Plaza from any and all claims of whatever nature brought against Earth Plaza in excess of the remedy set forth in paragraph 2(B) .
Should any of the terms stipulated above be deemed unacceptable, existing clients are entitled to a full refund for unused hosting services which have been prepaid. Any and all payments received for services after the date of this document (June 15, 1999) denotes acceptance of the terms detailed above. If you have any questions, please contact us at email@example.com