USE AGREEMENT Dated April 10, 2005
The following words used in context of the Use Agreement are defined as follows:
The "Provider" is Edson Internet;
The "Client" is the person or entity who is applying for/obtains services from the
Provider.
The Provider agrees to provide, and Client agrees to receive, access to the
services according to the following terms and conditions:
1. Client will use the services in a manner consistent with any and all
applicable laws of the State of California and the U.S. Federal Government.
2. Provider reserves the right, in its sole discretion, to deactivate the
Client's account(s) upon an indication of credit problems including delinquent
payments. Delinquent account domain name(s) may be offered for sale or auction
in order to recover any delinquent fees for services provided.
3. The Provider service is provided on an "as is, as available" basis. The
Provider gives no warranty, expressed or implied, for the 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 provider or
its providers beyond the fees paid by client to provider for services.
4. Provider is not responsible for any damages arising from Client's use of
Provider or by Client's inability to use the services for any reason.
5. While Provider shall make every reasonable effort to protect and backup data
for Client on a regular basis, Provider is not responsible for Client's files
residing on Provider. Client is solely responsible for independent backup of
data stored on Provider.
6. Client hereby agrees that any material submitted for publication on Provider
through Client's 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 may be
cause for deactivation without warning by the Provider. Client hereby agrees to
indemnify and hold harmless the provider for any claim resulting from the
submission of illegal materials.
7. Client hereby agrees that any material submitted for publication on Provider
through Client's account(s) will not contain anything leading to an abusive or
unethical use of the server product(s), the host server(s), or e-mail
services. Abusive and unethical materials and uses include, but are not limited
to pornography, obscenity, nudity, violations of privacy, computer viruses, and
any harassing and harmful materials or uses. Client hereby agrees to indemnify
and hold harmless the Provider from any claim resulting from your publication of
materials or your use of those materials. Provider may or may not give notice
before deactivating the use of an account(s) which the Provider decides is an
abusive or unethical use of the server account(s), host server(s), or
e-mail services.
8. Due to the public nature of the Internet, all information should be
considered publicly accessible, and important or private information should be
treated carefully. Provider is not liable for protection or privacy of
electronic mail or other information transferred through the Internet or any
other network provider or its customers may utilize.
9. The sending of unsolicited electronic mail or other mass electronic
mailings/distribution, news group post, or other failure to follow proper
Internet etiquette, in which the Provider's service is used, or the Providers
domain name or Client's domain name is mentioned, is strictly prohibited. The
Provider reserves the right to deactivate the Client's account(s) upon an
indication of such activity. Client hereby agrees to indemnify and hold harmless
the provider from any claim resulting from the Client's or another party's use
of electronic service(s) on the Client's Server account(s).
10. In the event it is necessary to refer any dispute to an attorney or resolve
it in a court of law, the prevailing party will be entitled to an award of
reasonable attorney's fees and all costs associated with any legal action,
whether or not a suit shall actually be filed.
11. Provider maintains control and any ownership of any and all I.P. 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 (excludes domain
names as they are usually owned by the client.)
12. Client's are responsible for domain name renewals and a domain name is not
considered renewed until the new expiration date is indicated by a recognized
whois and confirmed by the Client. Provider may notify the Client that a domain
name is due for renewal. Domain name registrations, renewals, and/or services, paid with a credit card, restrict domain name transfers to six months from the date of the last charge.
13. Provider is not responsible for accuracy of information contained in
Client's domain name record. Provider is not responsible for any damages arising
from Client's domain name use, maintenance, or loss of domain name, or by
Client's inability to use the domain name for any reason.
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