Net Designers
Evansville IN
By subscribing to, or utilizing, Net Designers's, or any associated services provided through Net Designers, you agree to abide by this Acceptable Use Policy.
Your utilization of Net Designers's services constitutes your express agreement to abide by this Acceptable Use Policy (the Rules, as the same may be changed from time-to-time by Net Designers, at its sole and absolute discretion. These Rules are designed to enhance the quality of our Web Hosting services and to protect our customers, and the Internet community as a whole, from illegal, irresponsible, or disruptive Internet activities. These Rules apply to all customers of Net Designers. We hope and expect that common sense and good judgment will guide all of our customers' use of our Net Designers Services. Even with such Rules in effect, minors should be supervised when using the Internet. Adults and minors should be aware of what is on the Internet and to understand the concept of what is accepted and what should be avoided. The following non-exhaustive list details the kinds of illegal or harmful conduct, which are prohibited. Net Designers reserves the right to restrict or prohibit any and all uses of its services or content on your Web site and to remove such materials, including your website, from its servers at any time Net Designers determines in its sole discretion that such content or materials violates this Agreement, is illegal, or is harmful to its servers, systems, network, reputation, good will, other Net Designers customers, or any third party. Depending on the severity of the violation and the history of your account, Net Designers may take any reasonable disciplinary action it determines in its sole and absolute discretion, including, but not limited to, one or more of the foregoing or following actions: (a) issuance of a verbal or written warning; (b) suspension of your account; (c) termination of your account; (c) billing for administrative and legal costs and fees and/or reactivation costs. All of the foregoing rights are cumulative, and the exercise of any right at any time shall not preclude the exercise of any other right, or the same right, at any other time for the same violation or any subsequent violation
Illegal or Improper Activities. You may not use Net Designers's services or servers in any manner in violation of any state, local or federal law of the United States of America, or any of its states or which in any manner is in violation of any applicable local or national law of any country. Such violations and activities include, but are not limited to, violations of U.S. or other applicable foreign export laws or restrictions including the U.S. Export Administration Act and accompanying regulations, posting or trafficking in government secrets, providing any information to in any way assist or encourage any terrorist activities, providing any information concerning nuclear or biological weapons or other weapons of mass destruction, posting or trafficking in obscene material, solicitation of a minor or others for illegal acts, dealing drugs, harassment, fraud, stalking, abuse, or other subject matters that are prohibited under applicable federal, state, local or foreign law.
Dangerous Activities. You may not use Net Designers's services or servers to post or disseminate in any manner, any information or material which may be dangerous, damaging or injurious to persons or property or which, directly or indirectly, may be used to create danger, damage or injury to persons or property.
Infringement. You may not use Net Designers's services or servers in any manner which infringes the intellectual property rights or other proprietary rights of any third party including, without limitation, material protected by copyright, trademark, patent, trade secret, or other intellectual property right used without proper authorization. Infringement may result from, among other activities, the unauthorized copying and posting of pictures, logos, software, articles, musical works, and videos. In compliance with the Digital Millennium Copyright Act (DMCA”), please send DMCA notifications of claimed copyright infringements to: Director or Security, Net Designers , security@secure4.Net Designers.com.
Fraudulent Activities. You may not offer or disseminate fraudulent goods, services, schemes, or promotions (i.e., make money fast schemes, chain letters, pyramid schemes, ponzi schemes), or furnish false data on any signup form, contract or online application or registration, or fraudulently use any information obtained through the use of Net Designers's servers or services, including without limitation use of credit card numbers.
Offensive Subject Matter. You may not use Net Designers's services or servers for transmitting, disseminating, sale, storage or hosting subject matter that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, filthy, excessively violent, harassing, threatening, hateful, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable. You may not use Net Designers's services or servers to conduct any sexually oriented business or disseminate pornographic pictures, videos, banners, text or any similar material. You may not use Net Designers's services or servers to threaten bodily harm or destruction of property.
Harmful Activities. You may not use Net Designers's services or servers for disseminating or hosting harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.
Tortuous Activities. You may not use Net Designers's services or servers for any tortuous conduct, including, but limited to, posting defamatory, libelous, slanderous, scandalous, or private information about a person or company without their consent; intentionally inflicting emotional distress; making unlawful threats; stalking, interfering with any contract or prospective economic relations; engaging in fraud or deception; engaging in sexual or other harassment; or for violating any patents, trademarks, copyrights, or other intellectual property rights.
Abusive Activities. You may not use Net Designers's services or servers for any abusive activities on the Internet, including, but not limited to, activities such as using a non-existent email return address, spamming (sending unsolicited advertising to numerous email addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user), or allowing spamming by third parties to promote a website, trolling (posting outrageous messages to generate numerous responses), mail-bombing (sending multiple messages without significant new content to the same user), subscribing someone else to a mailing list without that person=s permission, cross-posting articles to an excessive number o newsgroups, hacking ( unauthorized access to or use of data, systems, server or networks, including any attempt to probe, scan or test the vulnerability of a system or to breach the security thereof), spoofing (any attempt to impersonate any person or otherwise deceive or mislead through alteration of headers); deletion of author attributions, legal notices, or proprietary designations in an effort to deceive or mislead; forging or altering any TCP-IP packet header, email header or any part of a message header, using manual or electronic means to avoid any use limitations on you use of Net Designers's servers such as timing out; sending or disseminating harassing email or chain letters; or use of flames (hostile attacks or invectives aimed at a group or an individual.
Misuse of System Resources. You may not engage in any uses or activities that misuse Net Designers's services, servers or system resources, including, but not limited to employing or posting programs which consume excessive CPU time or storage space; permitting use of mail services, mail forwarding capabilities, POP accounts, or autoresponders other than for your own account; or resale of access to CGI scripts installed on Net Designers's servers.
Service Contract:
Virtual Hosting Service is subject to the following terms and
conditions:
1.The specific fees and surcharges vary depending on the particular plan
ordered. Net Designers may change and institute new fees and surcharges
at any time upon thirty(30) days prior notice via e-mail or snail mail.
Either party may terminate the service without cause or prior notice.
2.The client agrees to comply with the Acceptable Use Policy set forth
above and to refrain from any of the unacceptable uses set forth
therein. Net Designers reserves an absolute right to determine for itself
what is abusive, pornographic, offensive, or inappropriate and will
terminate the service in the event it deems any use to violate the said
Policy.
3.The client agrees that Net Designers has the right and responsibility to
fully cooperate in any legal investigation regarding any aspect of
services, including services sold to the client. Any use or
attempted use of system to engage in software piracy or
other illegal activities will result in an immediate termination of service
and a report to the FTP, SPA, or other appropriate authorities.
4.The client agrees to indemnify and hold Net Designers harmless in
connection with any controversy or legal action arising from the client's
use of service, including but not limited to controversies
over domain name selection and web site content.
5.Net Designers does not warrant that the eCommerce Software Solution
(including any documentation) will meet Client's requirements or that
the operation of the Software will be uninterrupted or error free.
THE ECOMMERCE SOFTWARE IS PROVIDED "AS IS"
WITHOUT WARRANTY OR CONDITION OF ANY KIND,
EITHER EXPRESS OR IMPLIED, AND THE IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED
WITH RESPECT TO THE SOFTWARE.
THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE SOFTWARE IS WITH THE CLIENT
AND SHOULD THE SOFTWARE PROVE DEFECTIVE,
CLIENT AND NOT Net Designers ASSUMES THE ENTIRE
COST OF ALL NECESSARY SERVICING, REPAIR OR
CORRECTION UNLESS OTHERWISE AGREED. No oral or
written information or advice given by Net Designers, its marketers,
distributors, agents or employees shall create a warranty or in any way
increase the scope of Client's rights set forth herein, and Client may
not rely on any such information or advice.
LIMITATION OF LIABILITY
IN NO EVENT SHALL Net Designers BE LIABLE TO CLIENT
FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL
DAMAGES, INCLUDING ANY LOST PROFITS, LOSS OF
USE, BUSINESS INTERRUPTION, LOSS OF DATA OR COST
OF OBTAINING SUBSTITUTE GOODS ARISING OUT OF OR
RELATING TO THE SOFTWARE, OR THE USE OR
INABILITY TO USE THE SOFTWARE, EVEN IF
Net Designers HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. The foregoing limitations of liability shall
apply notwithstanding any failure of essential purpose of any limited
remedy stated herein. liability to Client or any third party
arising out of or related to this Agreement however caused and arising
under any theory of liability, whether based in contract, tort (including
negligence), or otherwise shall not exceed in aggregate the Client Fees
paid by Client for the Software. SOME STATES DO NOT ALLOW
THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE
ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
Client.
6.Although Net Designers backs up its systems regularly and works hard to
prevent technical problems, system failures, and service disruptions,
such occurrences are possible, particularly in connection with such
things as total power losses, natural calamities, acts of war or terrorism,
destructive acts of hackers, or band width charges on the Internet.
system backup is therefore not guaranteed and each client
therefore agrees to maintain a backup copy of his or her web site and
any other important information and to store the same on his or her own
computer. The client further agrees that liability for any
failure to provide virtual hosting service regardless of cause or duration
shall be limited to a refund of the fees paid for the month in which the
failures occur. It is specifically agreed that Net Designers shall under no
circumstances be liable for any lost profits or other consequential
damages.
7.Use of this site for commercial purposes will result in additional fees
payable no less than 10% of the proceeds generated from a sale of products,
services, or other material sold on the internet or use of the internet for
such activities.
8.This agreement is not assignable or transferable without express
written consent of Net Designers. The terms and conditions of this
agreement shall be interpreted and enforced pursuant to the laws of the
State of Indiana.
