Effective January 1, 1999 to July 3rd 2008
This is a contract between you ("client",“you” or “your”)
and Interactive Villages LLC ("Interactive Villages").
It states the terms and conditions which apply
to your purchase and use, in any manner, of the
Interactive Villages development services, website hosting,e-mail
and domain services (collectively, the “Services”).
BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU
HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND
BY AND ABIDE BY THE TERMS AND CONDITIONS OF THIS
AGREEMENT, ANY APPLICABLE DOMAIN NAME REGISTRATION
AGREEMENTS AND ALL POLICIES AND GUIDELINES (ALL
AS AMENDED FROM TIME TO TIME) INCORPORATED BY
REFERENCE HERETO. YOU ARE SOLELY RESPONSIBLE FOR
USE OF THE SERVICES BY ANY OF YOUR EMPLOYEES,
OFFICERS, DIRECTORS, AGENTS AND ANY OTHER END
USER OF THE SERVICES (COLLECTIVELY, THE “END-USERS”).
YOU AGREE TO ENSURE THAT, END-USERS COMPLY WITH
THE TERMS AND CONDITIONSOF THIS AGREEMENT, ANY
APPLICABLE DOMAIN NAME REGISTRATION AGREEMENTS
AND ALL POLICIES AND GUIDELINES (ALL AS AMENDED
FROM TIME TO TIME) INCORPORATED BY REFERENCE HERETO.
Interactive Villages reserves the right to change or modify
this Agreement, and any policy or guideline incorporated
by reference at any time and from time to time
in its sole discretion, and to determine whether
and when any such changes apply to customers.
Any changes or modification will be posted by
Interactive Villages, and become effective upon posting
of the revisions on the Site. You are responsible
for regularly reviewing the Site to obtain timely
notice of such changes or modifications. Your
continued use of the Services following Interactive Villages's
posting of any changes or modifications will constitute
your acceptance of such changes or modifications.
Services: Interactive Villages ("Interactive Villages")
shall provide one or more of the following services:
1.Set up and host a Web Site
and/or Email Service (the "Site") for the you
(herein known as "Client"), on Interactive Villages'
Internet Server(s) or with a third party service
of its choice.
2. Provide website development
and/or content management services for Client
website under one or more domain names.
3. Provide technical consulting
services for Internet-related products or services
acquired or operated by the Client.
Terms and Fees: The term of the
Agreement for standard Webhosting shall be a minimum
of 3 (three) months, beginning on the first day
of the month following the date of acceptance
of first payment (or when Client's domain is first
accessible on-line, whichever occurs first), or
longer, deemed by the service package(s) selected
by the Client. Client understands and acknowledges
Interactive Villages's costs in creating and establishing
the infrastructure and Client-specific environment
necessary to provide Client with the above-described
services. Client upon those premises agrees to
pay Interactive Villages a flat, nonrefundable (set up)
fee and recurring period fees in the total amount
indicated by their webhosting service order which
Client acknowledges has been earned by Interactive Villages
upon execution of this agreement. Interactive Villages
services, beyond services specifically specified
herein, shall be invoiced at standard Interactive Villages
rates at time of agreement.
The term of the Agreement for hosting Emerchant
or ecommerce packages including Miva and/or StoreSense
Prostores shall be 12 (twelve) months, beginning
on the first day of the month following the date
of acceptance of first payment (or when Client's
domain is first accessible on-line, whichever
occurs first).
Client Provided Materials: Client
shall own or hold any and all copyrights, licenses,
trademarks, patents, or other legal rights required
for Interactive Villages to legally make use of any and
all images, logos, text, concepts, slogans, layouts,
software, source codes, ideas, intellectual properties,
inventions, or other materials or work product
of any kind whatsoever which Client wants incorporated
or incorporates in the Site or which Client provides
or delivers to Interactive Villages for use, requests
Interactive Villages to use, or inserts itself in the
Site (all hereafter described as "Client-Provided
Material"). It shall be the sole and exclusive
responsibility of Client to identify and obtain
any and all releases, consents or other rights
necessary for Interactive Villages to use Client-Provided
Materials and Client shall indemnify defend and
hold harmless Interactive Villages from any and all losses,
damages, expenses, proceedings, liabilities and
claims of any kind arising out of or connected
with Interactive Villages use, publication or dissemination
of Client-Provided Materials in connection with
this Agreement. It shall be the sole and exclusive
responsibility of Client to maintain a backup
copy of content for the use of file restoration.
Interactive Villages will keep, to the best of its abilities
weekly backups of content, but will not guarantee
the reliability of these backups for availability
or recency.
Client Content: Interactive Villages
exercises no control or censorship, per se, over
the Content obtained through the Service. Accordingly,
Client assumes all risk and liability associated
with such Content obtained or accessed by Client
through Interactive Villages deliberately or otherwise.
Interactive Villages specifically denies any responsibility
for the accuracy, quality or appropriateness of
Content obtained through the ISP. Client specifically
agrees to hold Interactive Villages harmless to the limits
of its liability as described above for any and
all slander, libel, or defamation not resulting
from direct and deliberate intent on the part
of the ISP. Client understands and agrees that
Interactive Villages, as a wire data access provider,
cannot assume liability for the pronouncements,
inaccuracies, slander, libel, threats, harassment,
or defamation of Client by third parties. Client
agrees to hold Interactive Villages harmless for the same.
Minimum storage on Interactive Villages's equipment shall
be provided for e-mail and/or file storage, and
shall be limited to 50 megabytes per Client account.
Other arrangements and additional storage can
be purchased from Interactive Villages as space and equipment
limitations allow. Upon termination of this Agreement,
Client's mail shall no longer be accessible and
Client agrees to hold Interactive Villages harmless for
any files or e-mail not received or lost, whether
before or after termination of this Agreement.
It shall be the sole and exclusive responsibility
of Client to review and approve content on its
website modified by Interactive Villages staff on behalf
of the Client. The parties acknowledge and agree
that nothing contained herein shall impose any
duty upon Interactive Villages to review or approve any
materials on Client's site and any failure of
Interactive Villages to object to any content shall not
be interpreted as a waiver of the indemnity guaranteed
herein.
Interactive Villages Supplied Material: Client
acknowledges that design, text, programming, software,
source codes and integration techniques and systems
provided by Interactive Villages, including third party
software, server licenses or ASP services constitute
intellectual property and/or valuable trade secrets
of Interactive Villages whether or not the property was,
is or will be designed for, sold to or used for
the benefit of Client. Client acknowledges said
property interests and waives any and all claim
to such property which shall at all times remain
the sole property of Interactive Villages unless conveyed
specifically in writing and that this agreement
conveys no such interests. Client further agrees
not to attempt or perform any copying, explanation,
alteration, reverse engineering or re-engineering,
tampering or use or misuse of such Interactive Villages
property or encourage or permit any other person
or entity to do so without the express written
consent of Interactive Villages. Any third party software
or programs provided to client is not inherently
supported by Interactive Villages.
Technical Support: Interactive
Villages offers free technical support to assist
customers with the setup and configuration of
Interactive Villages hosting accounts. This policy
outlines acceptable use of the Interactive Villages
technical support resources.
Interactive Villages technical support is
to be used when a customer requires assistance
with problems involving the process of accessing
files and content on their hosted website, as
well as with problems concerning the sending and
receiving of Internet E-Mail, and/or uploading
of website content via a commercially available
FTP program. Interactive Villages phone-based
technical support is not to be used for questions
regarding design or programming of WWW pages,
use of any software not written by or sold by
Interactive Villages, nor is it to be used for
assistance on how to use any operating system,
including (but not exclusive to) Windows, MacOS,
or UNIX.
Other technical queries having to do with a customer's
Internet account, but not regarding a connection,
email or upload/download issue should be requested
through our online technical support department
at http://helpdesk.interactivevillages.com.
You can receive E-Mail-based technical support
from support@interactivevillages.com (to automatically
create a Helpdesk Ticket). Helpdesk tickets
are prioritized on a first-in/first-out basis,
and most ticketes received by Technical
Support will be responded to by the business day
immediately after the day the ticket was created.
Any training or support services requested by
client and performed by Interactive Villages staff
on behalf of client will be invoiced at our standard
rate of $50.00 per hour, billed in 1/4-hour increments.
A customer calling phone-based technical support
with a question not regarding a query about the
above outlined support types may be referred to
the Helpdesk based technical support department
for further assistance. Interactive Villages does
not offer technical support services by means
other than telephone or Helpdesk --
support is not available by visiting our administrative
offices, unless prior arrangements have been made.
Phone support with Interactive Villages staff
is provided by appointment on an as-needed basis.
We offer many 'free' channels of support
as to where telephone support should
be the last channel used if all
others are unsatisfactory. If an
issue arises where you need to schedule
a phone conference to for further
support or training, please send
your request using the Helpdesk
system
. We will schedule a time and day to contact you.
When requesting phone support, please be sure
that you have a Microsoft operating system with
Internet Explorer and can actively view the internet
at the same time of having a telephone conversation.
Please note, phone support is only available Monday
through Friday, between the hours of 10:00am
and 5:30 pm PST, holidays and weekends
excluded. Please note that if we feel telephone
support is not needed, we will deny the call
and provide as much support required via the
ticket system. Support via the Helpdesk online
ticket system is available from 7 a.m. to
7 p.m. PST. Please visit the Helpdesk at http://helpdesk.interactivevillages.com or
click the link above to automatically submit
a ticket.
Also note that support or training for third-pary
applications or software not sold or provided
by Interactive Villages will be provided at
our standard rate of $50/hour, billed in 1/4-hour
increments. We will require that you have a
credit card on file with us to pay for any support
or training fees
Interactive
Villages Technical Support does not offer technical
support for Internet connections to other providers,
support for Internet services offered outside
of Interactive Villages, or any other problem
related to connecting to the Internet. Interactive
Villages Technical Support also is unable to
offer technical support for "alpha", "beta" or
pre-release software. While Interactive Villages
Technical Support will try to offer help with
as many different software packages as possible,
Interactive Villages Technical Support can only
guarantee technical support for products or
services provisioned directly by Interactive
Villages.
Client Provided Programming and Software: Interactive
Villages will provide support for software or
services purchased from Interactive Villages,
including SiteBuilder and services included
with the SiteXpress program. Interactive Villages
is not responsible for the performance or integrity
of any software provided to customer free of
charge or provided to client by a third-party
company. Interactive Villages will not directly
support such software, and it is the customer's
responsibility to directly contact the software
manufacturer for any technical support. Any
support or training for software or applications
not provided by Interactive Villages will be
billed to client at the rate of $50.00 per hour
in 1/4-hour increments. Client is required to
have a credit card on file for payment.
Interactive Villages is not responsible for
the performance or integrity of any software
provided by or purchased by the customer for
use on their web site. Interactive Villages
will not directly support such software, and
it is the customer's responsibility to directly
contact the software developer for any technical
support. Any modifications required or requested
of Interactive Villages to support such software
will be made at customer's expense and billed
at Interactive Villages' standard hourly rates
in effect at the time of the request.
Interactive Villages is not responsible for
the performance of services provided by organizations
outside of Interactive Villages, including the
quality of a customer's phone lines, the speed
of Internet connections not owned or operated
by Interactive Villages, the operation or reliability
of any external software or Internet server
or computer not owned or operated by Interactive
Villages.
Interactive Villages is not responsible for
any long-distance charges incurred when using
our dial-up numbers; the customer must check
with their local telephone provider to ensure
that calling any of our access numbers is a
local call.
No Warranties or Liability: Interactive Villages
SHALL PROVIDE THE SITE FOR CLIENT AND TO CUSTOMERS "AS
IS" AND ONLY "AS AVAILABLE," WITHOUT EXPRESS
OR IMPLIED WARRANTIES OF ANY KIND WHATSOEVER,
INCLUDING BUT NOT LIMITED TO EXPRESS OR IMPLIED
WARRANTIES OF NON-INFRINGEMENT TITLE, OR MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. Interactive
Villages IN NO WAY WARRANTS OR REPRESENTS THAT
ACCESS AND/OR USE OF SITE SHALL BE CONTINUOUS,
FREE OF ERRORS, WITHOUT INTERRUPTION, OR THAT
THE CONTENTS OF THE SITE, INCLUDING BUT NOT
LIMITED TO INFORMATION, SOFTWARE OR OTHER ACCESSIBLE
MATERIAL, SHALL BE FREE OF VIRUSES, WORMS, TROJAN
HORSES OR OTHER HARMFUL COMPONENTS OR MATERIAL.
NO Interactive Villages EMPLOYEE, STAFF AGENT
CONTRACTOR OR OTHER PERSON OR ENTITY SHALL HAVE
ANY AUTHORITY TO VARY THE TERMS OF THIS PARAGRAPH
OR TO MAKE OR CREATE A WARRANTY WHETHER BY STATEMENTS,
ADVICE OR CONDUCT.
Interactive Villages SHALL HAVE NO LIABILITY
FOR ANY MODIFICATIONS, DELETIONS OR ADDITIONS
TO THE SITE MADE BY ANY UNAUTHORIZED PERSON
OR ENTITY. CLIENT ACKNOWLEDGES THAT HACKERS
ARE A CONTINUING THREAT WHICH IT IS NOT COMMERCIALLY
OR TECHNOLOGICALLY FEASIBLE TO COMPLETELY ELIMINATE.
THE INTENT OF THESE TERMS AND CONDITIONS IS
THAT CLIENT'S SOLE REMEDY FOR DISSATISFACTION,
DAMAGES, LOSS OR CLAIMS OF ANY KIND WHATSOEVER
SHALL BE TO DISCONTINUE USING Interactive Villages'S
SERVICES.
Suitability of Content: Client
warrants and agrees that all material residing
on Client's site and/or published from Client's
site shall be compliant with the laws of the
United States and of the State of Washington
and agrees to indemnify and hold Interactive
Villages harmless for any and all claims to
the contrary made by any person, entity, organization,
state or sovereign power. Client further agrees
that Interactive Villages may, without incurring
any liability as a guarantor of the foregoing,
bar materials from residing upon or being published
from Client's Site which Interactive Villages
believes may subject Interactive Villages to
any civil or criminal liability. The parties
acknowledge and agree that nothing contained
herein shall impose any duty upon Interactive
Villages to review or approve any materials
on Client's site and any failure of Interactive
Villages to object to any content shall not
be interpreted as a waiver of the indemnity
guaranteed herein above.
Security, No Conflicts: Each
party agrees to inform the other of any information
made available to the other party that is classified
or restricted data, agrees to comply with the
security requirements imposed by any state or
local government, or by the United States Government,
and shall return all such material upon request.
Each party warrants that its participation in
this Agreement does not conflict with any contractual
or other obligation of the party or create any
conflict of interest prohibited by the U.S.
Government or any other government and shall
promptly notify the other party if any such
conflict arises during the Term.
Disputes: The parties agree
that all disputes between them shall first be
submitted for informal resolution to their respective
chief operating officers. Note that any amounts
outstanding and in dispute will be subject to
late fees/finance charges indicated herein.
Any remaining dispute involving less than one
thousand dollars ($1,000) shall be submitted
to a panel of three (3) arbitrators, with each
party choosing one (1) panel member and the
third member chosen by the first two (2) panel
members. The proceedings shall be conducted
in accordance with the Commercial Arbitration
Rules of the American Arbitration Association.
The award of the arbitrators shall include a
written explanation of their decision, shall
be limited to remedies otherwise available in
court and shall be binding upon the parties
and enforceable in any court of competent jurisdiction.
Provided, however, that suits for emergency
injunctive judicial relief may be brought in
a court of competent jurisdiction at any time
and disputes involving amounts exceeding the
above dollar limit are not subject to arbitration
and may be taken directly to court by either
party. Client shall be responsible for any credit
card chargeback fees incurred as a result of
a
dispute or from providing false or misleading
payment information.
Choice of Law and Forum: The
applicable law for any claim arising out of
this Agreement or out of the services provided
by Interactive Villages shall be the laws of
the State of Washington, and venue shall lie
only in Kitsap County, Washington. THIS AGREEMENT
SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE
WITH THE SUBSTANTIVE LAWS OF THE UNITED STATES
AND WASHINGTON, WITHOUT REGARD TO PRINCIPLES
OF CONFLICTS OF LAW.
Completion Dates: Interactive
Villages shall make all good faith efforts to
timely complete the installation and debugging
of said Site/Services, but Client understands
and agrees that Interactive Villages cannot
and does not guarantee a date for the Site/Services
to go online or for completion of modifications
to the Site configurations. All dates will be
adhered to within a reasonable time frame.
Billing: Client agrees to pay
for the Service in accordance with Interactive
Villages's Billing Rates currently in effect.
Payment is due prior to client's service period.
If Interactive Villages does not receive payment
when due, Client's account may be terminated.
It is the Client's responsibility to ensure
that any payments Interactive Villages receives
are clearly noted with respect to the account
for which they are intended. Termination of
Client's account does not relieve Client's responsibility
under this agreement to pay all fees incurred
up to the date the account was canceled, including
any collection fees, attorney fees, and court
costs incurred by Interactive Villages as a
result.
Excepting the Installation Fee and Start-up
Fee, Client shall render payment of all Fees
by Paypal or authorizing Interactive Villages
to debit the Client's checking account or credit
card account number on a recurring basis for
all Fees due and payable. If balance due for
fees are not received by cash or check by the
due date for the Client's billing period or
past due invoices, Interactive Villages will
charge client's credit card on file. In the
event such debit is rejected, Client shall render
payment of such Fees by certified check or cash
within ten days of receiving notice of such
rejection from Interactive Villages.
Interactive Villages requires fees to be paid in a
timely manner, and in NO event shall payment actually
received by Interactive Villages be delayed more than
15 days from the due date on the Client's invoice.
Any accounts past due 15 days or longer will be
subject to a finance fee of 1-1/2% of
balance or $5.00 per month, which ever is greater,
on all balances outstanding past 30 days. Client
agrees time is of the essence. No waiver by Interactive Villages
of timeliness shall constitute future waiver of
this requirement. There is a $15.00 fee for returned
checks. Interactive Villages reserves the right to withhold
service at its sole discretion to any party.
If service is interrupted for non-payment for
any reason, there will be a restoration fee of
$30.00, payable in advance before service shall
be restored, in addition to the overdue charges.
Continuation of services by Interactive Villages is subject
to Interactive Villages's ongoing approval of Client's
creditworthiness. Service fees shall continue
to accrue despite account suspension until Interactive Villages
receives written notice from Client that this
agreement is terminated. Interactive Villages reserves
the right to charge client's credit card on file
for any balances due. Interactive Villages assumes no
liability for files left on its equipment by Clients
delinquent in their payment obligation.
Client may change their service plan at any time
provided written notice via email or standard
postal service is given to Interactive Villages within
30 days of desired change date. Interactive Villages will
attempt to provide notice via e-mail of a change
in its Billing Rates. Client shall have 30 days
from the date of the effective change to provide
Interactive Villages with a written request to terminate
Service and incur no termination liability. Otherwise,
Client's existing service will be billed at the
new Billing Rates. Client agrees to be responsible
for all charges due from the date notice was received.
Interactive Villages may in its own discretion and upon
its own initiative return to the Client any money
or consideration not yet credited to services
provided. This shall be the full extent and limit
of any liability or obligation on the part of
Interactive Villages to the Client. However, should Interactive Villages
terminate Client's account for non-compliance
with the Terms and Conditions set forth herein,
Interactive Villages, Inc. is not obligated to issue to
Client any moneys or consideration that has not
been applied to services.
Unless requested otherwise, all invoices and
receipts will be sent to Client via email to their
email address established when account is first
set up. It is the Client's responsibility to notify
Interactive Villages as to any changes in the Client's
billing email address. Notification must be received
at least 15 days prior to Client's next billing
period.
Credit Card Payments: Customers
who pay via a credit card for web hosting or domain
services will not receive a bill. The customer's
credit card statement acts as a receipt of payment.
If you need a receipt from Interactive Villages
in order to get reimbursed from your employer,
please contact the Interactive Villages Billing
Department to request a receipt -- all receipts
will be E-Mailed. Customers paying annually with
a credit card will receive via E-Mail a subscription
renewal notice and will have 10 days to notify
the Interactive Villages Billing Department that
the account holder should not be charged for another
year.
New accounts: New accounts will
be activated at the end of the day when the credit
card charge is accepted.
Automatic Renewals: Products
which carry a term renewal option will be automatically
renewed and charged to customer's account unless
cancelled in writing at least 30 days prior to
beginning of renewal term. These products include
Domain Hosting, Ecommerce, Domain Registration
renewals, and GeoTrust SSL Web Certificates.
Credit Card Declines: When the
Interactive Villages Billing Department receives notice
that a credit card has been declined a charge
from Interactive Villages, the Interactive Villages Billing Department
will send an E-Mail warning indicating that the
credit card has declined the charge, and that
the account will be closed if Interactive Villages does
not receive a response. The customer has 10 days
to respond. Failure to respond within 10 days
will result in the closing of the account. All
credit card accounts will not be re-opened until
the user makes payment arrangements with the Interactive Villages
Billing Department. For those charges that come
back as "PICKUP CARD", indicating that the credit
card that was charged has been reported lost,
stolen, or extremely delinquent, the account linked
with that credit card will be closed immediately.
The account holder is required to contact the
Interactive Villages Billing Department by phone to make
arrangements to reactivate your account should
a charge be denied in this fashion.
Expiration of Accounts Paid by Credit
Card: For customers whose service plans
are billed to a credit card, the account will
be open until such time as the customer chooses
to close the account or the credit card is refused
for insufficient funds or is expired. Customers
may also pay by credit card for one year, and
all accounts will automatically renew at the end
of their billing period, including annual accounts.
Renewal and Cancellation: This
Agreement will automatically renew after the expiration
of its initial term on a recurring basis ("Renewal
Term"), unless client notifies Interactive Villages at
least thirty days prior to the date of renewal
for the term currently in effect of its intention
not to renew. Notice of termination must be in
writing via either our online cancellation form
at http://www.interactivevillages.com/cancel or via fax
to our fax number listed at http://www.interactivevillages.com/contact.php,
or in a written letter delivered personally or
via the U.S. Postal Service.
Termination: Client agrees to
uphold their obligation towards the terms and
length of the Service Agreement, and/or any agreements
executed for specific work for hire. Transferring
of client domain to another provider does not
constitute cancellation of services provided by
Interactive Villages. Early termination will
result in payment for the balance of the contract
term, prorated from date of termination to scheduled
term completion. After termination, Interactive
Villages shall have no further responsibility
to maintain any information that client may have
stored electronically with Interactive Villages.
Client may terminate this agreement and close
the assigned account at any time provided written
notice is given to Interactive Villages within 30 days
of desired termination date. If notice is not
provided within 30 days prior to client's service
period renewal date, normal charges for that service
period will apply and client will be responsible
for payment. Any unpaid balance remaining after
termination is due and payable immediately to
Interactive Villages. Interactive Villages may at its discretion,
repossess any content or domains owned by the
client and sell such items to the highest bidder
on behalf of the Client until client's balance
is paid completely.
Early termination of Quarterly, Semiannual
and Annual accounts will result in loss of discount
for that period and account will be invoiced at
the full monthly rate. Client shall remain responsible
for any fees incurred up to the date of termination
of the Service including any termination service
fees. Interactive Villages will calculate the prepayment
for the months or partial months (a partial month
shall be considered to be a whole month for this
purpose) that have passed at non-discounted rates.
Any payments made for unused services may be credited
back to Client's account, prorated 30 days from
date of notice of termination. Interactive Villages may
apply any credit balance to any damages that may
have been caused any breach by client of the terms
of this agreement.
Parked Domains: Client agrees
to allow Interactive Villages to show it's promotional
page as the default page for any domain that is
pointing to Interactive Villages DNS servers and either
1) does not have Client content available for
it, or 2) is not being used for paid hosted services.
Placement of an Interactive Villages branded "under construction" page
indicates accessibility of client's domain online
as noted in the Terms and Fees section.
Purchase Orders: Any conflict
between the terms of this Agreement and any Purchase
Order or other authorization or notice to proceed
issued by Client shall be resolved in favor of
the terms of this Agreement.
Intellectual Property Rights: Title
and property rights, including all intellectual
property rights to the ISP, are and shall remain
with Interactive Villages, whether or not they are embedded
in any programming, software or hardware. Client
recognizes that Interactive Villages's services and/or
products, programming and software used here under
constitute valuable trade secrets of Interactive Villages.
Client agrees to use reasonable efforts to protect
and keep confidential any and all programming
and software used by Interactive Villages and shall never
make any attempt to copy, examine in any way,
alter or reengineer, reverse engineer, tamper
with or otherwise misuse such services, programs,
hardware, etc.
General Obligations: The failure
of either party to insist on strict performance
of any term or condition shall not result in a
wavier as to any future performance of such term
or condition. In the event that any portion of
this Agreement shall be held to be unenforceable,
that portion shall be construed if possible in
such a way as to make it enforceable, or shall
be severed and the remaining portions of the Agreement
shall remain in full force and effect. Any modification
of this Agreement except as expressly provided
herein, shall be in writing and executed by both
parties. The terms and conditions of this Agreement
constitute the entire agreement between Client
and Interactive Villages and supersede all prior understandings
or writings, oral or written.
ACCEPTABLE USE POLICY
---------------------
PLEASE READ CAREFULLY BEFORE USING OUR SERVICES.
THIS ACCEPTABLE USE POLICY CONSTITUTES A LEGAL
AGREEMENT BETWEEN YOU AND Northwest Network Services,
Inc. ("Interactive Villages", "WE" OR "US") a provider
of retail web hosting, e-mail, electronic commerce,
and domain name services (“Services”).
A. ACCEPTANCE:
1. YOU AGREE TO REFRAIN FROM THE FOLLOWING EXAMPLES
OF PROHIBITED CONDUCT;
2. IF YOU ARE ACCEPTING ON BEHALF OF A COMPANY,
YOU REPRESENT AND WARRANT TO Interactive Villages THAT
YOU HAVE FULL AUTHORITY TO BIND SUCH COMPANY;
AND
3. IF YOU DO NOT AGREE TO ABIDE BY THIS POLICY
PLEASE DO NOT USE OUR SERVICES.
B. PROHIBITED CONDUCT
You will violate this Policy if you engage in
the following examples of prohibited activities
while using our Services:
(a) Spamming
(i) Sending unsolicited bulk and/or commercial
messages over the Internet (known as “spamming”)
(ii) Maintaining an open SMTP relay
(b) Facilitating a Violation of this Policy
(i) Advertising, transmitting, or otherwise making
available any software, program, product, or service
that is designed to violate this Policy, which
includes the facilitation of the means to spam,
initiation of pinging, flooding, mail bombing,
denial of service attacks, and piracy of software
(c) Infringing Intellectual Property Rights
(i) Engaging in any activity that:
(a) infringes or misappropriates the intellectual
property rights of others, including copyrights,
trademarks, service marks, trade secrets, software
piracy, and patents held by individuals, corporations,
or other entities
(b) violates privacy, publicity, or other personal
rights of others
(d) Obscene Speech or Materials
(i) Using Interactive Villages Services to advertise,
transmit, store, post, display, or otherwise make
available child pornography or other forms of
pornography or obscene speech or material. Interactive Villages
shall notify law enforcement agencies when it
becomes aware of the presence of child pornography
on or being transmitted through Interactive Villages Services
(e) Promoting Violence or Injury
(i) Advocating, promoting or providing assistance
in carrying out violence or any otherunlawful
activity against any persons, animals or any governments,
businesses or other entities
(ii) Describing or displaying a weapon, or parts
of weapons, or manuals for assembling any weapon,
including but not limited to firearms, ammunition,
explosives, grenades, bombs and caustic or other
dangerous substances
(iii) Promoting products or services that involve
a significant risk of death or injury to any persons,
or damage to business or other entities or property
(f) Defamatory or Abusive Language
(i) Using Interactive Villages's Services as a means to
transmit or post defamatory, harassing, abusive,
or threatening language
(g) Forging of Headers
(i) Forging or misrepresenting message headers,
whether in whole or in part, to mask the originator
of the message
(h) Illegal or Unauthorized Access to Other Computers
or Networks
(i) Accessing illegally or without authorization
computers, accounts, or networks belonging to
another party, or attempting to penetrate security
measures of another individual's system (often
known as "hacking")
(ii) Engaging in any activity that might be used
as a precursor to an attempted system penetration
(i.e. port scan, stealth scan, or other information
gathering activity)
(i) Distribution of Internet Viruses, Worms, Trojan
Horses, or Other Destructive Activities
(i) Distributing information regarding the creation
of and sending Internet viruses, worms, Trojan
horses, pinging, flooding, mail bombing, or denial
of service attacks
(ii) Engaging in activities that disrupt the use
of or interfere with the ability of others to
effectively use the network or any connected network,
system, service, or equipment
(j) Export Control Violations
(i) Exporting encryption software over the Internet
or otherwise, to points outside Canada or the
United States
(k) Illegal Activities
(i) Engaging in activities that are determined
to be illegal, including advertising, transmitting,
or otherwise making available ponzi schemes, pyramid
schemes, phishing scams, fraudulently charging
credit cards, and pirating software
(l) Gambling
(i) Engaging in or promoting gambling
(m) Promoting Intoxicants
(i) Illegally displaying or promoting any type(s)
of intoxicant, alcoholic beverage, cigarettes
or illegal substance
(n) Instructing others in Prohibited Activities
(i) Providing instructions with respect to any
activities listed in (a) through (n) above
(o) Other Activities
(i) Engaging in any other activity, whether lawful
or unlawful, that Interactive Villages in its sole discretion
determines to be harmful to customers, operations,
reputation, goodwill, or customer relations.
C. FAILURE TO ABIDE BY THIS ACCEPTABLE
USE POLICY
Interactive Villages reserves the right in its sole and
absolute discretion to restrict or remove from
its servers any content that it deems to be in
violation of this Acceptable Use Policy or any
laws. Interactive Villages may immediately take action,
including, but not limited to, (a) issuing warnings,
(b) suspending or terminating the Service(s),
(c) restricting or prohibiting any and all uses
of content hosted on Interactive Villages's systems, and/or
(d) disabling or removing: (i) any hypertext links
to third-party web sites, (ii) any of your content
distributed or made available for distribution
via the Services, or (iii) other content not supplied
by Interactive Villages. It is Interactive Villages's policy to
terminate Services to infringers. The above stated
rights of action, however, do not obligate Interactive Villages
to monitor or exert editorial control over the
information made available for distribution via
the Services and you acknowledge that Interactive Villages
has no obligation to censor or monitor use of
the Services by you, or any obligation to censor
or monitor any content, material or other information
sent, received or accessible through the Services.
In the event Interactive Villages takes action due to
such possible violation, Interactive Villages shall not
be obligated to refund to you any fees paid in
advance of such action.
Authorization: Your use of Interactive Villages
products and services acknowledges that you have
read, understand and agree to abide by the terms
and conditions set forth herein, and that have
legal and financial authority for the individual
or entity indicated on this contract. You authorize
Interactive Villages to charge your account for products
and services indicated on the service agreement.
