|
Computer Co-Op/CornerNET Service Terms and Conditions
Agreement
The following words used in context of the Service Agreement
are defined as follows:
“Client”: The person or entity who is applying for Server
services from CornerNet Internet Gateway
"CornerNet": Computer Co-op/CornerNet Internet Gateway
“Service”: Space on Servers provided by Computer
Co-op/CornerNet Internet Gateway
“Terms”: Terms and Conditions Agreement
"AUP": Acceptable Use Policy
"TOS": Terms of Service
“Website”: All content over which Client has control.
Computer Co-op/CornerNet Internet Gateway, here after
referred as "CornerNet", agrees to provide, and Client
agrees to receive, access to the CornerNet Internet
Gateway’s Server services according to the following Terms:
The Terms
They may be accessed at
http://www.corner.net/terms_of_use.html
. The Terms comprise the entire agreement between CornerNET
and Client, and supersedes any prior agreements between
Client and CornerNet with respect to the subject matter of
the Terms.
Acceptable Use Policy
Client agrees to conform with CornerNET's then current
Acceptable Use Policy (AUP). CornerNET many modify, without
prior notice, the AUP as CornerNET deems appropriate and
such modified AUP is effective upon Posting CornerNET's
website. Client will use their Server services in a manner
consistent with any and all applicable laws now in force or
enacted in the future.
Money Back Guarantee
CornerNET will refund the entire fee for hosting within 30
days from payment date by client. There will be no refund
for any domain name bought by or transferred to CornerNET.
In the event this Service Agreement is terminated by Client,
or by CornerNET for a violation of the TOS, the full amount
of $25.00 shall be due and payable to CornerNET. The
registered domain name is and will continue to be the
property of Client subject to the aforementioned fee, if
applicable.
Loss of Income
The CornerNET service is provided on an “As Is, As
Available” basis. CornerNET gives no warranty, expressed or
implied, for the Server Services provided, including,
without limitation, warranty of merchantability and warranty
of fitness for a particular purpose. This “no warranty”
expressly includes any reimbursement for losses of income
due to disruption of service by CornerNET or its Provider,
beyond the fees paid by Client to CornerNET for Services.
CornerNET is not responsible for any damages arising from
Client’s use of CornerNET's services or by Client’s
inability to use the Server services for any reason with the
exception of the above "Uptime Guarantee". While
CornerNET
shall make every reasonable effort to protect Client’s
website, CornerNET is not responsible for Client’s files
residing on CornerNET's Servers.
Inappropriate Use
Client hereby agrees that any material submitted for
publication on CornerNET's Servers through Client Account(s)
will not violate or infringe any copyright, trademark,
patent, statutory, common law or proprietary rights of
others, or contain anything libelous or harmful. Any
potentially illegal activity will be cause for immediate
termination of service, without warning by CornerNET. Client
hereby agrees to indemnify and hold harmless CornerNET for
any claim resulting from the submission of illegal
materials. The service must not be used for activities
CornerNET deems to impact its customers or its ability to
deliver services to its customers. Such activities include,
but are not limited to:
Obscene Speech or Materials
The distribution of pornography or any obscene, abusive,
defamatory or threatening speech or material. You may not
host any site containing adult oriented content, including
nudity of any kind. Portal sites linking directly, or
indirectly, to adult oriented content are also not
acceptable.
Harmful Products
Any products, or instructions to create any materials which,
in the sole opinion of CornerNET, could harm, or lead to the
harm of, individuals residing anywhere, may not be loaded on
our servers. This includes linking to sites offering such
products or materials. There will be no refund of any monies
paid to CornerNET for a violation of this term.
Malicious Content
Web sites containing anti-government or anti-religious
material, or any other hate or porn type material which, in
our sole discretion, we deem harmful to the residents of
North America will immediately removed from our servers.
There will be no refund of any monies paid to CornerNET for
a violation of this term.
Accessibility
Due to the public nature of the Internet, all information
should be considered publicly accessible, and important or
private information should be treated carefully. CornerNET
is not liable for protection or privacy of electronic mail
or other information transferred through the Internet or any
other network CornerNET or its customers may utilize.
Spamming
Use of distribution lists and sending unsolicited commercial
bulk email ("UCE") via unsolicited electronic mail or other
mass electronic mailings including news postings or chain
letters, advertising transmitting, or otherwise making
available any software, program, product, or service that is
designed to facilitate sending UCE; use of web pages that
allow "spamming (known as ghost sites)" that directly or
indirectly refers to domains or IP addresses hosted by
CornerNET is strictly prohibited. CornerNET reserves the
right to deactivate the Client’s Server Account(s) upon an
indication of such activity. Client hereby agrees to
indemnify and hold harmless CornerNET from any claim
resulting from the Client’s or another party’s use of
electronic mail services on the Client’s Server Account(s).
Clients may only send email to recipients who have joined
mailing lists directly from their site.
Maintaining as Open Email Relay
Allowing email to be sent through clients system by a third
party (i.e. neither to or from Client or Clients accounts).
Fraud
Using a false identity: storage or transmission of any
intentionally incorrect data or packet.
Denial of Service
Using any technique to intentionally degrade or disable the
delivery of any legitimate data.
Abuse of Servers
Oversized storage of any files that would unreasonably
large: i.e. having hundreds of JPG (such as fan or celebrity
sites, photo galleries, cartoon or Japanese anime) are not
allowed. There can be no applications stored in you web
space, including but not limited to zip files and there can
be no single file that is over 50 megabytes in size. Your
web space is not for data backup. It is only for hosting
real sites.
Unauthorized Access
Attempting to gain unauthorized entry to any site or
network, or any network or host scanning, probing,
monitoring or other information gathering associated with
such activity including using the Service to guess
passwords.
IP Addresses
CornerNET maintains control and any ownership of any and all
IP numbers and addresses that may be assigned to Client and
reserves in its sole discretion the right to change or
remove any and all IP numbers and addresses.
Customer Obligations
CPU Usage
Sites may not use extreme unwarranted CPU usage. This
includes usage of "heavy" scripts. By heavy we mean scripts
that place consistent high demands on the server. This
includes but is not limited to web traffic management
scripts, traffic exchange scripts, surf for hits sites as
well as large advertising management scripts or proxy server
scripts. No single site may consume 25% of CPU usage for a
sustained period of time.
Service Resale
Customer may not resell the Service and/or the disk space
associated with the account(s) covered by these Terms and
Conditions.
File Repository or Site Dump
Client may not use disk space as a file repository, or dump
site. This includes but is not limited to: warez, serialz,
sound files, applications, zip files. This includes using
the space in order to store content used on other sites
(remote linking). Examples of this would be using the web
space to store images for auction descriptions, flash or any
other files used on another site but stored on our server.
Free Email / Hosting Sites /Disk Space Resale
We do not permit the free giving or selling of POP email
accounts or the issuing of free hosting or the resale of
disk space for any reason whatsoever.
Acceptable Use Policy Enforcement
Violation of the AUP may subject Customer to international,
federal, and/or state civil and/or criminal liability.
CornerNET reserves the right in its sole discretion and
without prior notice to suspend and/or terminate Customer's
access to the Service at any time for violating this AUP.
CornerNET also reserves the right to suspend, filter or
block, and/or terminate Customer's access if Customer's
account is being used to exploit or attack the Service or
the networks of others. If Customer's account has been
compromised and attempts to reach Customer and/or to have
Customer repair a breach of security fail, CornerNET
reserves the right to suspend or terminate Customer's
service. If Customer's access is suspended or terminated,
CornerNET, in its sole discretion, may refuse to accept all
new e-mail sent to the terminated e-mail address and delete
Customer's data stored on Service. CornerNET will fully
cooperate with law enforcement authorities in the detection
and prosecution of illegal activity.
Payment of Invoices
Invoices must be paid within the net terms of the invoice.
Lack of payment within the net terms of the invoice will
result in all services temporarily being disabled and an
additional charge of $25.00 added to the invoice balance.
Services will be reestablished after account balance is paid
in full. No notice of disabling of services will be
provided.
Violation of Rules
Breaking any of these aforementioned rules may result in
immediate account suspension without refund, as well as
criminal prosecution where deemed necessary. Customers with
multiple accounts may have all accounts terminated due to
TOS violations on any single account.
LIMITATION OF LIABILITY:
CornerNET shall not be responsible for any claimed damages,
including incidental and consequential damages, which may
arise from servers going off-line or being unavailable for
any reason whatsoever. Our sole liability is limited to our
Uptime Guarantee as shown above. Further, CornerNET shall
not be responsible for any claimed damages, including
incidental or consequential damages, resulting from the
corruption or deletion of any web site from one of CornerNET
servers. All damages shall be limited to the immediate
termination of service.
CornerNET shall be the sole arbiter of what is and is not a
violation of these acceptable use policies. CornerNET
reserves the right to terminate an account at any time and
for any reason that causes harm to any customer's web sites.
CornerNET reserves the right to delete all content and files
upon termination. CornerNET reserves the right to withhold
any pre-paid funds for any site removed for violations of
these policies. CornerNET reserves the right to refuse,
cancel, or suspend service at our sole discretion.
Venue and Jurisdiction
Any civil litigation regarding the Terms and Conditions
listed herein shall be interpreted under the laws of the
State of Maryland with jurisdiction in Baltimore County, MD.
CornerNET reserves the right to change these Policies
without prior notice or warning. Non-enforcement of any part
of these Terms and Conditions does not constitute consent.
Termination.
Either Client or CornerNET may terminate use of CornerNET’s
services and/or Servers at any time. Client’s only right and
sole remedy with respect to any dissatisfaction with any (i)
Terms or policy or practice of CornerNET, (ii) Content
available through CornerNET or change therein, or (iii)
amount or type of fees or billing methods, or change
therein, is to terminate Service by delivering notice to
CornerNET. Should such notice of termination be delivered
and acknowledged as delivered by CornerNET, termination will
be effective within 48 hours. In the event that a Client’s
Account is terminated or cancelled by CornerNET for a
violation of these terms and conditions, no refund of any
fees, including monthly or annual fees, will be granted.
CornerNET also reserves the right to deactivate any Server
Account if the Account is in violation of any of the terms
and conditions listed in this Agreement.
If you have any concerns or questions, email root@corner.net
or Administrator@computerco-op.net
|