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Terms of
Use
ArchVision Networks services may be used for
lawful purposes only. Transmission, storage,
or presentation of any information, data or
material in violation of any federal, state
or city law is prohibited. This includes,
but is not limited to copyrighted material;
material seemingly threatening or obscene,
or material protected by trade secret and
other statute. The subscriber agrees to
indemnify and hold us harmless from any
claims resulting from the use of the service
that damages the subscriber or any other
party.
Pornography, nudity and sex-related
merchandising are prohibited on all
services. This includes sites that may infer
sexual content, or link 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. Links to such
materials are also prohibited.
In addition, any site selling or promoting
bulk e-mail services or software is
forbidden. ArchVision Networks does not
tolerate spamming through it's services, and
will take all legal precautions against any
such action, including termination of the
customer's service.
Pirated software, hacker programs, warez
sites, sites with streaming media and MP3
sites are non-acceptable content, and will
not be hosted on ArchVision Networks' servers.
The policies and guidelines expressed herein
supplement the rights and ob-ligations of
the parties under the Service Agreement for
hosting services. This document establishes
operating principles and acceptable use
policies as they relate to the Customer's
use of the services provided by ArchVision
Networks to the Customer under the Service
Contract Agreement.
1. SERVICE
DESCRIPTION
ArchVision Networks provides space on the
server that is integrated into the Internet.
After an account has been setup and any data
has been uploaded to the site, ArchVision
Networks retains judgement as to what refund
if any is applicable in the event of a
cancellation of service.
2. SERVICE
USAGE
A. Legal Parameters: This service may be
utilized only for lawful purposes, and the
usage of the service in connection with or
adjunct to any matter or thing which
violates any foreign, municipal, state,
county or federal statute or regulation is
prohibited. Client agrees to indemnify and
hold harmless ArchVision Networks from and
against any and all claims, actions, causes
of actions, administrative or government
action, losses or damages (including legal
fees and expenses) arising from the usage by
client.
B. Unilateral Service Revocation: In the
event that ArchVision Networks, at any time,
believes that the service is being utilized
by the client in contravention of the terms
and provisions of this contract, ArchVision
Networks may, at its sole discretion,
immediately discontinue such service to
client, without liability.
3. NO
WARRANTIES
With respect to the service to be provided
hereunder, client acknowledges that ArchVision
Networks makes absolutely no warranties
whatsoever, express or implied, including
warranty of merchantability or fitness of
this service for a particular purpose. As a
result, client agrees that ArchVision Networks
shall not be liable to client or any of its
customers for any claims or damages which
may be suffered by client or its customers,
including, but not limited to, losses or
damages of any and every nature, resulting
from the loss of data, inability to access
Internet, or inability to transmit or
receive information, caused by, or resulting
from, delays, non-deliveries, or service
interruptions whether or not caused by the
fault or negligence of ArchVision Networks.
Client hereby agrees to indemnity and hold
harmless ArchVision Networks from any and all
claims of whatever nature brought by any of
client's customers against ArchVision
Networks.
4. USE OF
INFORMATION
The utilization of any data or information
received by client or its customers from the
utilization of the service to be provided by
ArchVision Networks is at client and its
customer's sole and absolute risk. ArchVision
Networks specifically disclaims and denies
any responsibility for the completeness,
accuracy or quality of information obtained
through the services to be pro-vided hereby.
5. DOMAIN
NAME
If ArchVision Networks shall acquire an
Internet Domain Name on behalf of the
client, then in such case the client hereby
waives any and all claims which it may have
against ArchVision Networks for any loss,
damage, claim or expense arising out of, or
in relation to, the registration of such
Domain Name in any on-line or off-line
network directories, membership lists or
registration lists, or the release of the
Domain Name from such directories or lists
following the termination of services by
ArchVision Networks for any reason. Any costs
of ArchVision Networks in obtaining or
maintaining a domain name for client shall
be immediately reimbursed to ArchVision
Networks upon invoice from ArchVision Networks
to client.
6. SERVICE
FEES AND INVOICING
Client shall pay the initial fees set forth
below, prior to the commencement of service.
Thereafter, client shall be invoiced on
renewal in the terms of their contract.
Payment of the service fee is due upon
repeciit of invoice. In the event that
client shall fail to pay for such services,
ArchVision Networks will be entitled to
unilaterally terminate this agreement and
discontinue the service of client or the
applicable account for which payment has not
been received. The indemnification and
limits of liability provisions of paragraphs
2 and 3 shall survive any such termination.
Upon payment of the charges due hereunder,
ArchVision Networks may, at its sole
discretion, re-institute service, at which
time all terms and conditions of this
contract shall continue in full force and
effect. Any service disconnection or
suspension shall require a $50 U.S.
re-connect fee. Initial service and set-up
fees are as follows: Additional fees, if
applicable, will be billed at the end of
each month, with payment due within ten (10)
days thereafter: These fees are applicable
for additional: disk space, data transfer,
POP3/forwarding email accounts or mail list
services.
7. SCOPE
OF AUTHORITY
Client has no authority, apparent or
otherwise, to contract for, or on behalf of
ArchVision Networks, or in any other way
legally bind ArchVision Networks in any
fashion, nor shall client be authorized to
make any representations about ArchVision
Networks or its services other than to
reiterate to its clients ArchVision Networks's
responsibilities as outlined in this
agreement.
8. CHANGES
IN TERMS OF AGREEMENT
ArchVision Networks reserves the right to make
changes to the above terms and conditions of
this agreement upon sixty (60) days written
notice to cli-ent, advising of the change
and the effective date thereof. Changes in
monthly service fees shall become effective
only at the end of any calendar quarter for
which client has prepaid for the respective
quarter. Utilization of the service by the
client and/or its customers following the
effective date of such change shall
constitute acceptance by client of such
change(s) in terms.
9. REFUND
POLICY
Arch Vision Networks may refund full or part
payment to its client on its request based
on following cases.
Hosting
30 days money back guarantee on purchase of
hosting service. After 30 days we may refund
amount of remaining time period.
Domain
After purchase of domain, domain will be
property of purchaser for perticular time
and no refund will be given.
Website Development &
Software Development
For International customers:
Although, we offer no advance payment for
website development and Payment
is required after completion of website and
satisfaction of client. So No refund will be
awarded to client or subject to terms and
conditions agreed between client and Arch
Vision Networks at the time of work awarded
to Arch Vision Networks.
For Local Customer: Full payment is
refunded if client cancel the work given to
Arch Vision Networks due to un-satisfaction
of Arch Vision Networks Service or subject
to terms and conditions agreed between Arch
Vision Networks and client at the time of
work awarded to Arch Vision Networks.
10.
ENTIRE AGREEMENT AND SEVERABILITY
This instrument constitutes the entire
agreement between the parties, and
represents the complete and entire
understanding of the parties with respect to
the subject matter of this agreement. This
instrument supersedes any other agreement or
understanding between the parties, whether
written or oral. In the event that any term
or provision of this instrument is held by a
court of competent jurisdiction to be
unenforceable, then the remaining provisions
of this instrument and the agreement which
it evidences, shall remain in full force and
effect.
General
The Internet is a voluntary association of
users interested in and willing to exchange
information and data with other Internet
users. At present there is no oversight
group providing governance over the
principles, policies or procedures for use
of the Internet or the information and data
accessed via the Internet. In order to
facilitate their contractual relationship
the Customer and ArchVision Networks wish to
define a working protocol of principles and
policies and establish operating guidelines
and acceptable standards of use of the
Internet. To this end the parties agree as
follows:
Principles
Governing Acceptable use of the Internet by
the Customer
Responsibility and Respect
The Internet is a network intended for use
by mature, adult users. The Customer
recognizes this principle and undertakes at
all times to act with respect, courtesy and
responsibility, giving due regard to the
interests and rights of other Internet user
groups. This general guideline carries with
it the following specific responsibilities:
Knowledge
of the Internet
The Customer agrees to obtain a basic
knowledge of the Internet and its operating
principles and procedures.
Improper
Uses
The Customer will avoid violation of certain
generally accepted guidelines on Internet
usage such as restrictions on mass mailings
and mass advertisements, pirating or copying
of software, mail bombing or other methods
of attempting to deny service or access to
other users, and attempts to violate
security.
Compliance
with Laws
The Customer will ensure that its
use of the ArchVision Networks services
complies with all applicable federal, state
and local law and regulation, including but
not limited to those principles of law which
protect against compromise of copyrights,
trade secrets, proprietary information and
other intellectual property rights, libel or
defamation of character, invasion of
privacy, tortuous interference, and export
of technical or military data to prohibited
countries.
Validation
of Information
The Customer is responsible for
validating the integrity of the information
and data it receives or transmits over the
Internet.
Security
The Customer is required to
protect the security of its account and
usage. The Customer(s) password will be
treated as private and confidential and not
disclosed to or shared with any third
parties.
Discretion
and Judgment
The Customer is expected to use
discretion in the treatment and handling of
Internet information and data and to take
particular care to insure that adult
information is not transmitted to juvenile
users of the Internet.
Pornography
Due to legal and social issues,
we will not accept any new customers who
publish pornographic images. If an existing
customer publishes pornographic images,
ArchVision Networks may issue a warning and/or
suspend your account.
Excessive
CPU usage
Customers will not be allowed to
use excessive amounts of CPU processing on
any of our servers or face immediate
suspension. For example: 1) a few customers
have tried re-selling our counters or
auto-responders to the rest of the world
that caused an excessive amount of requests
on our server(s). 2) E-mail bombs. 3)
Re-selling CGI access to other third
parties.
ArchVision Networks is the sole arbiter as to
what constitutes violation of its terms of
service provision. |
