Terms Of Service With Perspicuous Solutions, Inc.
As a customer
you agree to comply with the following Terms Of Service when signing
up for service. In order to keep things simple, for the rest of this
document, Perspicuous Solutions, Inc. will be denoted as "PSI"
Illegal
Use
PSI's
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 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, IRC
bots, etc...
Adult
Content
Due
to the special system and network requirements of adult-oriented sites,
pornography and sex-related merchandising are prohibited. This includes
sites that may infer sexual content or provide links to adult content
elsewhere. This is also true for sites that promote any illegal activity
or content that may be damaging to our servers or any other server on
the Internet, or provide links to such sites.
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
of 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
of 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 higher Virtual Server plan or a Dedicated Server plan.
Any
web hosting account deemed to be adversely affecting server performance
or network integrity will be shut down with prior notice.
CGI
Scripts
CGI
script sharing with domains not hosted through PSI is not permitted.
Any CGI-scripts deemed to be adversely affecting server performance
or network integrity would be removed without notice.
IRC
PSI
does not allow IRC servers and/or IRC bots to be operated on our servers.
Unsolicited
Commerce Email (UCE) - SPAM
Spamming,
the sending of unsolicited mass email from or through a PSI server or
using an email address that is maintained on a PSI machine is STRICTLY
prohibited and will qualify your account for immediate cancellation
without refund. Customers are also in violation of this provision if
they engage in spamming using the service of another ISP or IPP, but
channel activities through a PSI server as a mail drop for responses.
Violators will be assessed a minimum fine of $500 and will face immediate
suspension.
Service
Interruptions
PSI
shall not be liable for failure or delay in performing its obligations
hereunder if such failure or delay is due to circumstances beyond its
reasonable control, including, without limitation, acts of any governmental
body, war, insurrection, sabotage, embargo, fire, flood, strike or other
labor disturbance, interruption of or delay in transportation, unavailability
of, interruption or delay in telecommunications or third party services,
failure of third party software or inability to obtain supplies, or
power used in or equipment needed for provision of the services. The
customer understands and agrees that occasional temporary interruptions
of any Internet Services may occur as normal events in the provision
of the Internet Services. PSI agrees to exercise reasonable care to
prevent such occurrences; however, under no circumstances will PSI be
held liable for any financial or other damages due to such interruptions.
In no event shall PSI be liable to the customer or any other person
for any special, incidental, consequential or punitive damages of any
kind, including, without limitation, refunds of fees, loss of profits,
loss of income or cost of replacement services.
PSI
provides technical support between 8 AM and 5 PM CST, Monday through
Friday. Most of the time, an administrator is on-site and available,
so some limited technical support might be provided before 8 AM and
after 5 PM CST as well as on weekends and holidays.
Backup
PSI
utilizes servers of highest quality. All servers are equipped with RAID
1 mirroring subsystems to ensure that files are never lost. Due to this
secure technology there is no need for a classic backup operation to
be performed on our servers as there is no chance for lost files. However,
you need to make sure that you do not accidentally delete any critical
files you need. An additional backup service might be available upon
request for an additional fee. Also, you are advised to always backup
all of your important files to your local drive. The customer agrees
that PSI will NOT be responsible for lost data, time, income or any
other resource due to missing data.
Software
Distribution
PSI's
shared web hosting accounts 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@perspicuoussolutions.com
to make special arrangements.
Copyright
Violations
The
Digital Millennium Copyright Act ("DMCA") sets the requirements
for valid copyright infringement notification. If you would like to
notify PSI of an infringement of your copyright, the DMCA requires that
you:
The
first payment is due on the signup date. Subsequent payments are due
every month following this date. Accounts 5 days past due will be de-activated.
Accounts 10 days past due will be deleted from the server without a
refund of any payments made thus far.
Refusal
of Service
Any
account cancellations by the client must be requested by email to support@perspicuoussolutions.com
at least 14 days before the date you wish your account cancelled. All
accounts are renewed automatically unless the client requests that their
account be cancelled.
We
reserve the right to refuse, cancel, or suspend service at our sole
discretion. All accounts terminated due to a violation of our Terms
Of Service are subject to a processing fee equal to one (1) month's
hosting fee for that account. PSI does not issue credits for outages
incurred through service disablement resulting from Terms Of Service
violations.
PSI
will be the sole arbiter as to what constitutes a violation of the Terms
Of Service. PSI reserves the right to remove any account without prior
notice.
When
PSI becomes aware of an alleged violation of its Terms Of Service, PSI
will initiate an investigation. During the investigation, PSI may restrict
a customer's access in order to prevent further potentially unauthorized
activity. Depending on the severity of the violation, PSI 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, PSI will notify the appropriate law enforcement authorities.
LIMITATION
OF LIABILITY
In
no event shall PSI be liable for any loss of data, loss of profits,
cost of cover, or any other special, incidental, consequential, indirect
or punitive damages, however caused and regardless of theory of liability.
This limitation will apply even if PSI has been advised of, or is aware
of, the possibility of such damages. PSI expressly disclaims any representation
or warranty that the PSI service will be error-free, secure or uninterrupted.
No oral advice or written information given by PSI, its employees, licensors
or the like, will create a warranty; nor may you rely on any such information
or advice. PSI 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.
DISCLAIMER
OF WARRANTIES
PSI
specifically disclaims all implied warranties, including but not limited
to, the implied warranties of merchantability and fitness for a particular
purpose. Except as otherwise provided in this document, any written
materials by PSI, or information on PSIs web site, shall be for
informational purposes only, and shall not create any express or implied
warranties, guaranty of performance, or contractual obligations.
MODIFICATION
PSI
reserves the right to add, delete, or modify any provision of its Terms
Of Service at any time without notice.