|
ACCEPTANCE OF TERMS
Welcome to 1st Class Internet Solutions (1cis.com). 1cis.com provides
its service to you, subject to the following Terms of Service ("TOS"),
which may be updated by us from time to time without notice to you.
You can review the most current version of the TOS at any time at:
http://www.1cis.com/terms.asp
DESCRIPTION OF SERVICE
1cis.com provides users with a variety of services, including but
not limited to web and email hosting (the "Service"). Unless
explicity stated otherwise, any new features that augment or
enhance the Service, shall be subject to the TOS. You understand
and agree that the Service is provided "AS IS" and that 1cis.com
assumes no responsibility for the timeliness, deletion, mis-delivery,
or failure to store any user communications or settings.
USER REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you (the "User") agree
to provide true, accurate, current and complete information about
yourself as prompted by the Service's registration form (such
information being the "Registration Data") and to maintain and
prompty update the Registration Data to keep it true, accurate,
current and complete.
If you provide any information that is untrue, inaccurate, not
current or incomplete, or if 1cis.com has reasonable grounds to
suspect that such information is untrue, inaccurate, not current
or incomplete, 1cis.com has the right to suspend or terminate your
account without refund and refuse any and all current or future
use of the Service (or any portion thereof).
PRIVACY POLICY
Registration Data and certain other information about you is
subject to our Privacy Policy. For more information, please
see our privacy policy at
http://www.1cis.com/privacy.asp.
MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account name upon completing the
Service's registration process. You are responsible for
maintaining the confidentiality of the password and account,
and are fully responsible for all activities that occur under
your password or account. You agree to immediately notify
1cis.com of any unauthorized use of your password or account
or any other breach of security, and to ensure that you exit
from your account at the end of each session. 1cis.com cannot
and will not be liable for any loss or damage arising from
your failure to comply with these responsibilities.
MEMBER CONDUCT
You understand that all information, data, text, software, music,
sound, photographs, graphics, video, messages or other materials
("Content"), whether publicly posted or privately transmitted,
are the sole responsibility of the person from which such Content
originated. This means that you, and not 1cis.com are entirely
responsible for all Content that you upload, post, email or
otherwise transmit via the Service. 1cis.com does not control the
Content posted via the Service and, as such, does not guarantee
the accuracy, integrity, or quality of such Content. You
understand that by using the Service, you may be exposed to
Content that is offensive, indecent or objectionable. Under no
circumstances will 1cis.com be liable in any way for any Content,
including, but not limited to, for any errors or omissions in
any Content, or for any loss or damage of any kind incurred as
a result of the use of any Content posted, emailed or otherwise
transmitted via the Service.
You agree not to use the Service to:
-
Upload, post, email or otherwise transmit any Content that
is unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libelous,
invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
-
Harm minors in any way;
-
Impersonate any person or entity, or otherwise misrepresent
your affiliation with a person or entity;
-
Collect or store personal data about another, "Stalk" or
otherwise harass another;
-
Forge headers or identifiers in order to disguise the
origin of any Content transmitted through the Service;
-
Upload, post, email or otherwise transmit any Content that
you do not have a right to transmit under any law or under
contractual fiduciary relationships (such as inside information
or information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
-
Upload, post, email or otherwise transmit any Content that
infringes any patent, trademark, trade secret, copyright
or other proprietary rights ("Rights") of any party;
-
Upload, post, email or otherwise transmit any unsolicited
or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters," "pyramid schemes"
or any other form of solicitation;
-
Upload, post, email or otherwise transmit any Content that
contains software viruses or any other computer code, files
or programs designed to interrupt, destroy or limit the
the functionality of any computer software or hardware or
telecommunications equipment;
-
Promote or provide instructional information about illegal
activities, promote physical harm or injury against any group
or individual, or promote any act of cruelty to animals. This
may include, but is not limited to, providing instructions on
how to assemble bombs, grenades and other weapons;
-
Use your web site as storage for remote loading or as a door
or signpost to another home page, whether inside or beyond
1cis.com;
-
Interfere with or disrupt the Service or servers or networks
connected to the Service, or disobey and requirements,
procedures, policies or regulations of networks connected to
the Service; or
-
Intentionally or unintentionally violate any applicable local,
state, national or international law;
You acknowledge that 1cis.com does not pre-screen Content, but that
1cis.com has the right (but not the obligation) in its sole
discretion to refuse or remove any Content that is available via
the Service. You agree that you must evaluate, and bear all risks
associated with, the use of any Content, including any reliance
on the accuracy, completeness, or usefulness of such Content.
You acknowledge and agree that 1cis.com may preserve Content and
may also disclose Content if required to do so by law or in the
good faith belief that such preservation or disclosure is
reasonably necessary to comply with legal process, enforce the TOS,
response to claims that any Content violates the rights of
third-parties, or protect the rights, property or personal safety
of 1cis.com, its users and the public.
You understand that the technical processing and transmission of
the Service, including your Content, may involve transmissions over
various networks, and changes to conform and adapt to the technical
requirements of these networks or devices.
INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to
comply will all local rules regarding online conduct and
acceptable Content. Specifically, you agree to comply with
all applicable laws regarding the transmission of technical
data exported from the United States and the country in which
you reside.
INDEMNITY
You agree to indemnify and hold 1cis.com, and its officers,
agents, partners, and employees, harmless from any claim
or demand, including reasonable attorneys' fees made by any
third party due to or arising out of Content you upload, post,
email, or otherwise transmit via the Service, your use of the
Service, your connection to the Service, your violation of the
TOS, or your violation of any rights of another.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit
for any commercial purpose any portion of the Service, use of the
Service, or access to the Service.
GENERAL PRACTICES
You acknowledge that 1cis.com may establish general practices
and limits concerning use of the Service, including without
limitation the maximum number of days that email messages or other
Content will be retained by the Service, the maximum size of
any email message that may be sent from or received by an account on
the Service, the maximum disk space that will be allotted on
1cis.com's servers on your behalf, and the maximum number of times
(and the maximum duration for which) you may access the Service in a
given period of time. You agree that 1cis.com has no responsibility or
liability for the deletion or failure to store any messages and other
communications or other Content maintained or transmitted by the
Service. You acknowledge that 1cis.com reserves the right to log off
accounts that are inactive for an extended period of time. You further
acknowledge that 1cis.com reserves the right to change these general
practices and limits at any time, in its sole discretion, with or
without notice.
MODIFICATIONS TO SERVICE
1cis.com reserves the right at any time and from time to time to
modify or discontinue, temporarily or permanently, the Service
(or any part thereof) with or without notice. You agree that
1cis.com shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service.
TERMINATION
You agree that 1cis.com, in its sole discretion, may terminate your
password, account (or any part thereof) or use of the Service, and
remove and discard any Content within the Service, for any reason,
including, without limitation, for lack of use or if 1cis.com believes
that you have violated or acted inconsistently with the letter or
spirit of the TOS. 1cis.com may also in its sole discretion and at any
time discontinue providing the Service, or any part thereof, with or
without notice. You agree that any termination of your access to the
Service under any provision of this TOS may be effected without prior
notice, and acknowledge and agree that 1cis.com may immediately
deactivate or delete your account and all related information and files
in your account and/or bar any further access to such files or the
Service. Further, you agree that 1cis.com shall not be liable to you or
any third-party for any termination of your access to the Service.
LINKS
The Service may provide links to other World Wide Web sites or
resources. Because 1cis.com has no control over such sites and
resources, you acknowledge and agree that 1cis.com is not responsible
for the availability of such external sites or resources, and does not
endorse and is not responsible or liable for any Content, advertising,
products, or other materials on or available from such sites or
resources. You further acknowledge and agree that 1cis.com shall not
be responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with use of or
reliance on any such Content, goods or services available on or through
any such site or resource.
1CIS.COM's PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software
used in connection with the Service ("Software") contain proprietary
and confidential information that is protected by applicable
intellectual property and other laws. Except as expressly authorized
by 1cis.com you agree not to modify, rent, lease, loan, sell,
distribute or create derivative works based on the Service or the
Software, in whole or in part.
1cis.com grants you a personal, non-transferable and non-exclusive
right and license to use the object code of its Software on a single
computer; provided that you do not (and do not allow any third party
to) copy, modify, create a derivative work of, reverse engineer,
reverse assemble or otherwise attempt to discover any source code, sell,
assign, sublicense, grant a security interest in or otherwise transfer
any right in the Software. You agree not to modify the Software in any
manner or form, or to use modified versions of the Software, including
(without limitation) for the purpose of obtaining unauthorized access
to the Service.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
-
Your use of the service is at your sole risk. The service
is provided on as "As Is" and "As Available" basis.
1cis.com 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.
-
1cis.com makes no warranty that the Service will meet
your requirements, that the Service will be uninterrupted,
timely, secure, or error-free, the results that may be
obtained from the use of the Service will be accurate
or reliable, the quality of any products, services,
information, or other material purchased or obtained by
your through the Service will meet your expectations,
and any errors in the software will be corrected.
-
Any material downloaded or otherwise obtained through
the use of the Service is done at your own discretion
and risk and that you will be solely responsible for
any damage to your computer system or loss of data that
results from the download of any such material.
-
No advice or information, whether oral or written, obtained
by you from 1cis.com or through or from the Service shall
create any warranty not expressly stated in the TOS.
LIMIT OF LIABILITY
You expressly understand and agree that 1cis.com shall not be
liable for any direct, indirect, incidental, special, consequential,
or exemplary damages for loss of profits, goodwill, use, data or
other intangible losses (even if 1cis.com has been advised of the
possibility of such damages), resulting from the use or inability
to use the Service, the cost of procurement of substitute goods and
services resulting from any goods, data, information or services
purchased or obtained or messages received or transactions entered
into through or from the Service, unauthorized access to or
alteration of your transmissions or data, statements or conduct of
any third party on the Service, or any other matter relating to
the Service.
Some jurisdictions do not allow the exclusion of certain warranties
or the limitation or exclusion of liability for incidental or
consequential damages. Accordingly, some of the above limitations
of the above Warranties and Liabilities may not apply to you.
NOTIFICATION
Notices to you may be made via either email or regular mail. The
Service may also provide notices of changes to the TOS or other
matters by displaying notices or links to notices to you generally
on the Service.
GENERAL INFORMATION
The TOS constitute the entire agreement between you and 1cis.com and
govern your use of the Service, superseding any prior agreements
between you and 1cis.com. You also may be subject to additional terms
and conditions that may apply when you use affiliate services,
third-party content or third-party software. The TOS and the
relationship between you and 1cis.com shall be governed by the laws of
the State of Colorado without regard to its conflict of law provisions.
The failure of 1cis.com to exercise or enforce any right or provision
of the TOS shall not constitute a waiver of such right or provision.
If any provision of the TOS is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of the TOS remain
in full force and effect. You agree that regardless of any statute or
law to the contrary, any claim or cause of action arising out of or
related to use of the Service or the TOS must be filed within one
(1) year after such claim or cause of action arose or be forever
barred.
|
