|
Terms Of Use
Upon signing up for SurfNet Corporation's services, all customers agree to comply with SurfNet
Corporation's Terms of Use. The spirit of this policy is to ensure our customers are using SurfNet
Corporation's services with due regard to the rights of other Internet users and in conformity with
the requirements of SurfNet Corporation's network environment. Please note that asterisked items
(*) are not applicable to Dedicated Server customers.
Illegal Use
SurfNet Corporation servers may be used for lawful purposes only. Transmission, storage, or
distribution of any information, data, or material in violation of any applicable law or
regulation, or that may directly facilitate the violation of any particular law or regulation is
prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets
or other intellectual property rights used without proper authorization; material that is obscene,
defamatory, constitutes an illegal threat, or violates export control laws. Examples of
unacceptable content or links include: pirated software, hacker programs or archives, Warez sites,
MP3, and IRC bots.
Indemnification
You agree to indemnify, defend and hold harmless SurfNet, Inc. and its parent, subsidiary and
affiliated companies, third party service providers and each of their respective officers, directors,
employees, shareholders and agents (each an "indemnified party" and, collectively, "indemnified parties")
from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings
(whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees)
threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or
relating to (i) your use of the Service; (ii) any violation by you of any of SurfNet, Inc.'s policies; (iii)
any breach of any of your representations, warranties or covenants contained in this TOS; and/or
(iv) any acts or omissions by you. The terms of this section shall survive any termination of this
Agreement. For the purpose of this paragraph only, the term "you" include you, End User, visitors to your
website, and users of your products or services, the use of which is facilitated by us.
Disclaimer of Warranty
SurfNet, Inc. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Surfnet, Inc.
MAKES NO WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. SurfNet,
Inc. DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES
IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. No oral advice or written
information given by SurfNet, Inc, its employees, licensors or the like, will create a warranty;
nor may you rely on any such information or advice. SurfNet Corporation and its partners and suppliers
will not be liable for any cost or damage arising either directly or indirectly from any transaction or
use of the service. Some jurisdictions do not allow the disclaimer of implied warranties, in which event
that foregoing disclaimer may not apply to you.
Security
Violations of system or network security are prohibited and may result in criminal and civil
liability. Examples include but are not limited to the following: unauthorized access, use,
probing, or scanning of systems security or authentication measures, data, or traffic; interference
with service to any user, host, or network including, without limitation, mail bombing, flooding,
deliberate attempts to overload a system, broadcast attacks; forging of any TCP-IP packet header or
any part of the header information in an email or a newsgroup posting.
Server Resources*
Any web site that uses a high amount of server resources (such as, but not limited to, CPU time,
memory usage, and network resources) will be given the option to either pay additional fees (which
will depend on the resources required), reduce the resources used to an acceptable level, or
upgrade its service to a Dedicated Server plan. SurfNet Corporation shall be the sole arbiter of
what is considered to be a high server usage level. Any web hosting account deemed to be adversely
affecting server performance or network integrity will be shut down without prior notice.
CGI Scripts*
CGI script sharing with domains not hosted by SurfNet Corporation is not permitted unless
expressly authorized by us. Any CGI-scripts deemed to be adversely affecting server performance or
network integrity will be shut down without prior notice.
Chat Rooms*
SurfNet Corporation does not allow customers to install their own chat rooms. Chat rooms tend to
require significant system resources and therefore cannot be permitted as an account option.
However, for a small charge, SurfNet Corporation provides Java chat rooms that meet most users'
needs and run without hindering system performance.
Background Running Programs and Cron Jobs*
SurfNet Corporation may allow programs to run in the background. These programs will be
considered on an individual basis and customers will incur extra charges based on system resources
used and operational maintenance needed. If you wish to run background programs please contact
SurfNet Corporation at support@surfmail.net so that we
can arrange set-up.
IRC
SurfNet Corporation does not allow IRC or IRC bots to be operated on our servers.
UCE (Unsolicited Commerce Email) - SPAM
Spamming, the sending of unsolicited mass email from or through a SurfNet Corporation server or
using an email address that is maintained on a SurfNet Corporation machine is STRICTLY prohibited.
SurfNet Corporation will be the sole arbiter as to what constitutes a violation of this provision.
Customers are also in violation of this provision if they engage in spamming using the service of
another ISP or IPP, but reference in the spam a web site hosted on a SurfNet Corporation server, or
if they sell or distribute software on their web site that facilitates spamming. Violators will be
assessed a minimum fine of $500 and will face immediate suspension.
Server Abuse
Any attempts to undermine or cause harm to a SurfNet Corporation server or customer are strictly
prohibited.
Software Distribution*
SurfNet Corporation's shared web hosting accounts (non-ecommerce) are not configured for the
purposes of distributing software and/or multimedia products. If you wish to distribute software
and/or multimedia files, please contact sales@surfmail.net
to make special arrangements.
Multimedia Files*
Multimedia files are defined as any graphics, audio, and video files. SurfNet Corporation shared
web hosting accounts are not to be used for the purposes of distributing and storing unusual
amounts of multimedia files. Any web site whose disk space usage for storing multimedia files
exceeds 70% of its total usage, in terms of total size or number of files, will be considered to be
using an unusual amount of multimedia files.
Databases*
Any database stored on SurfNet Corporation's servers shall be limited in size to 10% of the
total disk space allotted for that particular domain's plan/web hosting account.
Copyright Violations
The Digital Millennium Copyright Act ("DMCA") sets forth the requirements for valid copyright
infringement notification. If you would like to notify SurfNet Corporation of an infringement of
your copyright, the DMCA requires that you:
Send your notification to SurfNet Corporation's designated agent. You may choose any of the
following three avenues for this notification:
Email to: abuse@surfmail.net
Fax to: SurfNet Corporation, Attention: Abuse at (847)
969-0176
Mail or courier to: SurfNet Corporation, Attention: Abuse, 951 N. Plum Grove Rd., Suite B,
Schaumburg, IL 60173
Include in your notification the following information:
- A physical or electronic signature of the copyright owner or a person authorized to act on
the copyright owner's behalf (the "Claimant");
- Identification of the copyrighted work(s) claimed to have been infringed;
- Identification of the material claimed to infringe the copyright(s), and enough information
for SurfNet Corporation to locate it;
- The Claimant's name, address, and telephone number(s);
- A statement that the Claimant has a good faith belief that use of the disputed material is
not authorized by the copyright owner or his agent;
- A statement, under penalty of perjury, that the information in the notification of
copyright infringement is accurate and that the Claimant is authorized to act on behalf of the
copyright owner.
Actions Taken by SurfNet Corporation
The failure by a customer to meet or follow any of the above Terms of Use is grounds for account
deactivation. SurfNet Corporation will be the sole arbiter as to what constitutes a violation of
the Terms of Use. SurfNet Corporation reserves the right to remove any account without prior
notice.
When SurfNet Corporation becomes aware of an alleged violation of its Terms of Use, SurfNet
Corporation will initiate an investigation. During the investigation, SurfNet Corporation may
restrict a customer's access in order to prevent further potentially unauthorized activity.
Depending on the severity of the violation, SurfNet Corporation may, at its sole discretion,
restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil
remedies. If such violation is a criminal offense, SurfNet Corporation will notify the appropriate
law enforcement authorities of such violation.
SurfNet Corporation does not issue credits for outages incurred through service disablement
resulting from Terms of Use violations.
REPEAT INFRINGER POLICY
It is the policy of SurfNet to terminate the account of any customers of our service and disable his
or her ability to make further uploads to his account after we have recieved the third, repeated, credible report of
copyright-infringing uploads or posts made by that infringer. This will be done without prior
warning to the infringer. By terminating the infringer's account, all content uploaded by the infringer
will be blocked from access or deleted without prior or subsequent notice. It is a necessary condition
precedent to all uploading content on SurfNet's service that each uploader accepts and agrees to this term
and releases us, indemnifies us, and holds us harmless for any and all claims resulting from our
administration of this policy.
Modification
SurfNet Corporation reserves the right to add, delete, or modify any provision of its Terms of
Use at any time. SurfNet will notify existing customers of any changes to its terms at which time customer will have the
right to terminate service if they do not agree to the updated terms.
|
|
|
