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:

  1. Send your notification to PSI's designated agent. You may choose any of the following three paths for this notification:
    a. Email to abuse@perspicuoussolutions.com
    b. Fax to Perspicuous Solutions Inc., Attention: Abuse at (314) 830-2744
    c. Mail or courier to Perspicuous Solutions Inc., Attention: Abuse, 2345 Stoney End, Florissant, MO 63031

  2. In your notification please include the following information
    a. A physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant")
    b. Identification of the copyrighted work(s) claimed to have been infringed
    c. Identification of the material claimed to infringe the copyright(s), and enough information for PSI to locate it
    d. The Claimant's name, address, and telephone number(s)
    e. 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
    f. 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.

Billing

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 PSI’s 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.


   Terms of Service | Copyright © 2002 Perspicuous Solutions, Inc. all rights reserved.