ActiveServers Client Policies Defined : The services provided for under this agreement shall begin on the creation date of your account and will remain in effect as long as your account is active. Client will be responsible for payment in advance of service provided. All accounts will be billed on a fixed monthly basis (beginning and ending the first and last days of the calendar month) or on one of the pre-paid plans. Once the client approves of and pays for any outstanding balances owed for work done, the work (design, scripts, databases, programming, etc.) becomes the property of the client. Both parties agree to accept electronic mail as legally binding documentation for billing and notification purposes. All invoices are due and payable upon receipt. Failure to pay any amount due within thirty (30) days of the due date shall constitute sufficient grounds for termination of service without notice. All returned checks are subject to a $50.00 fee for each time they are returned by your bank. Accounts may be terminated if bad checks are not paid within fifteen (15) days. ActiveServers reserves the right to change the rates and otherwise modify this notice upon thirty-(30) days notice to you. Use of ActiveServers Internet Service after the effective date constitutes acceptance of the new terms and conditions/service agreement. ActiveServers Internet Services are provided on an as is basis. These services are provided without warranty of any kind, expressed or implied, including programming services, database services, any software or material provided to the client, or any other type of service offered. In no event will ActiveServers be liable for any direct, indirect, incidental, or consequential damages, including but not limited to, loss of data resulting from delays, non-deliveries, or service interruptions caused by ActiveServers or by your own errors and/or omissions or by an act of God. Client is responsible for implementing sufficient procedures and checkpoints to satisfy its requirements for accuracy and security of data and access codes. Although ActiveServers routinely backs up it's clients data, the client is also responsible for maintaining a means external to ActiveServers for archiving any data critical to the client. Client agrees to protect and treat as confidential all passwords, user names, and proprietary information provided by ActiveServers for access to its systems. Sharing of names/accounts is expressly forbidden. If a client believes their user name or password has been compromised, immediate email or written notification must be provided to ActiveServers Client will be held responsible for all acts/communications initiated or authorized by its user name. ActiveServers Internet Service may only be used for lawful purposes. Transmission or storage of any material in violation of any US state law or regulation is prohibited. This is included, but not limited to, copyright material, material legally judged to be threatening or obscene or material protected by trade secret. The client agrees to indemnify and hold harmless ActiveServers, from any claims resulting from clients' use of the service. Any access to other networks or systems through ActiveServers, must comply with the applicable rules of that service. ActiveServers specifically denies any responsibility for the accuracy or quality of information obtained though its services. Use of any information obtained via ActiveServers is at your own risk. ActiveServers will not be responsible for the reconstruction of any lost data, outside of that provided by and required for the operation of ActiveServers itself. ActiveServers will not be responsible for service interruptions beyond its control; including but not limited to acts of nature, service interruptions by its providers, or modifications to the clients system by the client or a third party. ActiveServers reserves the right to bring the system down at any time without notice for service or system upgrades. Clients will be notified by email at least one (1) week prior to any scheduled major service/upgrades, or ASAP if less than one week. ActiveServers will not monitor or regulate the content of information or data passing through or temporarily stored on its system, except under court order or where reasonable suspicion of a legal violation exists. ActiveServers reserves the right to discontinue all or any part of the provided service at any time for any reason. ActiveServers will make a reasonable effort to respond to requests for support; however, technical support is not implied under the terms of this agreement. These terms and conditions represent the entire agreement between you, the client, and ActiveServers. These terms and conditions shall be governed and interpreted in accordance with the laws of the State of Missouri and of the State of Washington, United States of America. Client consents and submits to the jurisdiction of any state or federal court located within Spokane County Washington. Client hereby waives any right to change venue. Any claims or causes of action arising out of or related to this agreement must be initiated within one (1) year after the claim or cause of action has arisen or be barred. Acceptable Use Policies : This memorandum establishes operating principles and acceptable use policies as they relate to the Clients use of the Internet and the connection/services provided by ActiveServers to the Client. 1) Responsibility and Respect - The Internet is a network intended for use by users that act in a mature manner. The Client recognizes this principle and undertakes at all times to act with respect, courtesy and responsible, giving due regard to the interests and rights of other Internet user groups. This general guideline carries with it the following specific responsibilities: 2) Improper Uses - The Client will avoid violation of certain generally accepted guidelines on Internet usage such as restrictions on mass mailings and 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. 3) Compliance with Laws - The Client 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. 4) Validation of Information - The Client is responsible for validating the integrity of the information and data he or she receives or transmits over the Internet. 5) Security - The Client is required to protect the security of his or her Internet account and usage. The Client's password should be treated as private and confidential and not disclosed to or shared with any third parties. 6) Discretion and Judgment - The Client 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. 7) Pornography - We adhere to U.S. laws and regulations regarding adult-related material of any nature. 8) Net abuse, including but not limited to activities such as using a non-existent email return address on a commercial solicitation, spamming (sending unsolicited advertising to numerous email addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user), allowing spamming by third parties to promote a web site hosted by ActiveServers, 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 of newsgroups, or attempting without authorization to enter into a secured computer system. ActiveServers reserves the right to determine what constitutes net abuse. 9) Excessive CPU usages - Clients using excessive amounts of CPU processing on any of our servers will be assessed accordingly or face immediate suspension. 10) Resale of service - Clients may resell web space within their own account, but are responsible for the entire domain site content. Clients may not resell mail services including, but not limited to, mail forwarding capabilities, POP accounts and auto responders.
