In this document the word "Client" refers to persons who use services provided by 3D RESEARCH. The words "Service Provider" refers to 3D RESEARCH.

Acceptable Use

While it is not Service Provider's policy to monitor client web sites, nor to exercise any control over external services (even if such were possible), it is expected that Clients will practice ethical and responsible behavior in their use of our services. With this as a guideline, the following criteria are used to determine acceptable uses of Service Provider's services.

Service Provider's services may not be used to facilitate distribution of information whose content or meaning, or the distribution or transmission thereof, violates any applicable laws or regulations.

Service Provider's services may not be used to facilitate activities which disrupt or interfere with the performance or functional behavior of networks or systems. Such interference or disruption includes, but is not limited to: propagation of computer worms or viruses; and the transmission of information which, by virtue of its content, amount, or routing, degrades the performance, functionality, or reliability of any network or system.

Service Provider's services may not be used to facilitate activities which interfere with personal productivity, privacy, or comfort of users of systems or networks. Such interference or disruption includes, but is not limited to: distribution of unsolicited advertising or recruiting materials; and transmission of annoying amounts of information not desired by the recipient(s).

If and when such activities are brought to Service Provider's attention, and upon Service Provider's reasonable investigation, a Client is found to be in violation of this policy, such account is subject to termination of Service Provider's services, with the forfeiture of any and all fees paid to Service Provider.

This Acceptable Use Policy is in effect immediately. Any Client having previously paid for services, who does not agree to abide by these terms may send notice within ten days hereof of cancellation, and receive a pro rated refund of any fees paid to Service Provider.

ECPA NOTICE. Service Provider reserves the right to monitor any and all communications through or with its facilities. Client agrees that Service Provider is not considered a "secure communications medium" for the purposes of the ECPA, and that no expectation of privacy is afforded.

Client Information

Client agrees to supply a current and truthful name, postal address, and telephone number for the records of Service Provider. Service Provider agrees not to sell or donate its mailing list to any other company, and not to publish any information about its customers beyond that which is freely published via "finger" and other standard system utilities.

Service Term

Clients are not required to agree to a minimum service term, except where minimum service term is specified. Currently DSL service and dedicated server service carry minimum service term requirements.

Billing and Payment

Client agrees to supply full and timely payment for the services received from Service Provider. Client agrees that all setup fees are non-refundable once setup is completed and that rates are published in U.S. Dollars and that payment must be made in U.S. Dollars.

Payment is due upon receipt of invoice or by the due date as appears on the invoice. Clients in good standing are current with payments. Clients with past due account balances are not considered to be in good standing. If Client's account has a past due balance, Service Provider at it's sole discretion may suspend or terminate service to such Client. Service Provider reserves the right to collect any and all unpaid balances. Client agrees to pay collection and reasonable attorney's fees incurred in collecting unpaid balances.

Termination of service

Unless bound by contract which provides for a minimum service term, Clients may request termination of service by Service Provider for no cause. Requests for termination of service made by Clients in good standing will be promptly honored by Service Provider and hosting fees paid for the period beyond the last day of the month of the date of termination will be refunded within 15 days.

Unless bound by contract which provides for a minimum service term, Service Provider may terminate service to any client for no cause. Service Provider will give at least 15 days notice of termination to Client.

Service Provider reserves the right to terminate service to Client in the event Client fails to fulfill any material obligation contained in this Agreement.

Indemnification

Service Provider provides electronic information storage and Internet access facilities for the private use of persons and organizations who desire to make certain materials available on the Internet.

As of today, Client does verify that materials posted or to be posted at Client's site, hosted by Service Provider, are not in violation of law, including copyright, trademark, personal privacy, publicity rights of persons living or dead, obscenity law. Client understands that Service Provider does not oversee or control content whether posted by the Client or on behalf of the Client by Service Provider or another person or entity. Client understands that Service Provider does not oversee or control those who post nor those who use posted information either at the site or by moving the posted material elsewhere. Client understands that if Service Provider reasonably believes that content of the site or usage of Service Provider's service is a violation of law, then Service Provider in its sole judgment may delete material or limit access to posted material to prohibit violations of law, and that Service Provider will give prompt notice to the client if such action is taken.

Client agrees to abide by any and all existing laws. Client further agrees to indemnify and hold harmless Service Provider in the event Service Provider incurs liability either for material posted by anyone at the site or for material from the site used by anyone. Client also agrees to assign any recovered attorney's fees and costs to Service Provider sufficient to cover Service Provider's costs of defending any claim 1) against Service Provider or against Service Provider's named client/user, if Service Provider is compelled to so defend, or 2) against Service Provider or against Service Provider's named client/user in which Service Provider is also named a defending party.

Client agrees not to hold Service Provider responsible for any loss Client suffer as a result of using services provided by Service Provider, including but not limited to loss resulting from service delays and incomplete or interrupted service, regardless of cause. However, Service Provider recognizes that any complete service interruption in excess of 24 hours will justify a refund or credit to Client for the appropriate amount, but that no further compensation will be made.

Client Privacy

Service Provider does not sell or disclose information about Client without Client's approval. Service Provider employs security measures to safeguard Client's confidential information.

Venue for Disputes

In the event either party pursues legal action, the action shall be initiated in Butler County, Pennsylvania unless Service Provider agrees to accept jurisdiction of Client's residence or business.

 

Last modified 2005-04-16 05:28:47.