Service Agreement
Agreement in effect as of July 1, 2002
Policies:
Web Hosting:
Internet Islands
will make every attempt to serve the web pages (to visitors with
web browsers) that you have uploaded to the web space made available to
you by Internet Islands provided
that you have paid for this service. You are legally responsible for all
content which appears on the web space provided to you by Internet Islands
. You must not publish any content on this space which violates our
Usage Policy (outlined below). Should this service be interrupted,
Internet Islands is only responsible for damages up to the amount of fees paid
to Internet Islands to
maintain this service during this period of interruption. Internet Islands
is not responsible for any loss of income or any other damages to
you or your organization for loss of service. Internet Islands
will make every effort to ensure that this service will be
continuous until the end of this agreement.
This agreement ends
when:
a) You request the
termination of this agreement in writing. (This request must include your
username or User ID and password. Another appropriate method of
authorization may be allowed. This protects your account from being
canceled by an unauthorized individual, as well as providing enough
information for us to identify your account.) Please include the date on
which you would like your service to be canceled.
OR
b) If Internet
Islands pays you (in the form
of damages) up to or more than the current balance of unused fees that you
paid Internet Islands for
this service.
OR
c) Internet Islands notifies you by email that it is terminating service.
OR
d)
You violate our Usage Policy (Seen Below).
You are legally responsible for all content which appears on the web space provided to you by Internet Islands Web Services pursuant to our Usage Policy (outlined below). Internet Islands Web Service will be held harmless for any damages caused to you, or others, by client web site content.
Due
to the public nature of the Internet, all material submitted by Client for
publication will be considered publicly accessible. Provider does not
screen in advance Client's material submitted to Provider for publication.
Provider's publication of material submitted by Client does not create any
express or implied approval by Provider of such material, nor does it
indicate that such material complies with the terms of this Agreement.
It is the responsibility of you as the subscriber to have backup files of your web content. Although we make backups of the system on a regular basis we can not be held responsible for circumstances beyond our control where web content is permanently lost. Backups are for system restart in the event of a disk failure, and are not for file retrieval by subscribers in the event of accidental erasure of files.
Email: Internet Islands can not be held responsible for unsolicited email (SPAM) sent to email accounts on our servers. Once a Client releases an email address to the public by way of web sites, registration forms, postings to news groups, or other means, any email sent to that valid address is delivered regardless of the source.
Legal
Term
This Agreement may
be terminated by Client or Provider at any time without prior notice and
without cause. If either party is in default under this Agreement
(including nonpayment), then the nondefaulting party may also immediately
terminate the Agreement without prior notice to the other party.
Billing and Payment
You agree that we
are not obligated to release any of your property, including without
limitation, information and other material stored on our computer hardware
or on our network, until you have paid all amounts due us hereunder. You
further agree that we, at our sole election, are granted a lien on your
property in our possession and have the unrestricted right, but are not
obligated, to sell such property to satisfy any amounts due us hereunder
and that you will continue to be obligated to. You all so agree that a
that all accounts shall be settled within 10 days of receipt of an email
invoice from the provided.
DISCLAIMER OF
WARRANTIES
PROVIDER'S SERVICE
IS PROVIDED ON AN 'AS IS, AS AVAILABLE' BASIS. PROVIDER SPECIFICALLY
DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL
PROVIDER BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL
DAMAGES, EVEN IF PROVIDER HAS BEEN ADVISED BY CLIENT OF THE POSSIBILITY OF
SUCH POTENTIAL LOSS OR DAMAGE. IF PROVIDER'S SERVICE TO CLIENT IS
DISRUPTED OR MALFUNCTIONS FOR ANY REASON, PROVIDER SHALL NOT BE
RESPONSIBLE FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE, BEYOND THE
FEES PAID BY CLIENT TO PROVIDER FOR SERVICES, DURING THE PERIOD OF
DISRUPTION OF MALFUNCTION. `
Limitation/Disclaimer
of Liability
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.
Force Majeure
Provider does not
represent or warrant to Client that Client will receive continual and
uninterrupted service during the term of this Agreement. In no event shall
Provider be liable to Client for any damages resulting from or related to
any failure or delay of Provider to provide service under this Agreement
if such delays or failures are due to strikes, riots, fire, inclement
weather, acts of God, theft or vandalism or other causes beyond Provider's
control, as defined by standard practices in the industry. Such failure or
delay shall not constitute a default under this Agreement.
Indemnity
Client agrees to
defend, indemnify and hold Provider harmless from and against any and all
claims, losses, liabilities and expenses (including attorneys' fees)
related to or arising out of the services provided by Provider to Client
under this Agreement, including without limitation claims made by third
parties (including customers of Client) related to any false advertising
claims, liability claims for products or services sold by Client, claims
for patent, copyright or trademark infringement, claims due to disruption
or malfunction of services provided hereunder, or for any content
submitted by Client for publication by Provider, but excluding those
related to the negligence of Provider.
Governing Law/Venue
This Agreement
shall be governed by the laws of the State of Kansas. Venue for any action
hereunder shall be in Sedgwick County, Kansas.
Relationship of the
Parties
The parties intend
that an independent contractor relationship will be created by this
contract, and that no partnership, joint venture or employee/employer
relationship is intended.
Taxes
If any federal,
state or local governmental entity with taxing authority over the services
provided under this Agreement imposes a tax directly on the services
provided by Provider to Client under this Agreement (excluding any income,
business and occupation, capital gain, death or inheritance, or other
indirect taxes), then Provider may pass the direct amount of such cost on
to Client, and Client shall promptly pay such cost.
Waiver
Any party's failure
to insist on compliance or enforcement of any provision of this Agreement
shall not affect its validity or enforceability or constitute a waiver of
future enforcement of that provision or of any other provision of this
Agreement.
Captions
All captions and
headings to the sections and subsections of this Agreement have been
inserted for convenience of reference only and shall not be construed as a
part hereof.
Severability
Internet Islands Web Service maintains the right to amend this agreement as it deems necessary.
Refusal of Service: We reserve the right to refuse, cancel, or suspend service, at our sole discretion. No other warranties are expressed or implied.Usage Policy: Internet Islands will not allow the following usage's of it's servers: 1. No Obscene or Pornographic materials of any kind, including links to such materials will be allowed on our servers.
2. No materials deemed threatening, slanderous, or libelous, or material deemed illegal by the laws of the United Sates of America or the state of Kansas shall be used on our servers.
3.
No spam is allowed to be sent from our email servers, or spam issued with a "reply to"address on our servers.4. No activities that have been deemed illegal by the laws of the United States of America or the state of Kansas shall be conducted on our servers.
5. No distribution of copyrighted materials or pirated software from our servers.
6. No material that in the judgment of Internet Islands is degrading to our company and/or our other customers shall be used on our servers.
7. No programs, material, or archives, or links to this material, that can jeopardize the performance of the network, cause damage to servers, or jeopardize other customers services and sites shall be used on our servers. Some examples are Hacker's programs and archives and Warez Sites.
8. We do not allow CGI chat
scripts, java chat servers, or any other type of internet service or sockets
program to be installed on our servers without prior permission.
9. Any attempts to gain
unauthorized access, or circumvent our web server's normal service
operations will not be tolerated, and will result in the termination of this
service agreement and could lead to criminal prosecution.
10. Any attempts to
disassemble, reverse engineer, acquire, redistribute, or make public any of
Internet Islands proprietary software or information (including configuration
information) will result in the termination of this service agreement, and
all evidence will be archived for investigation by a legal professional.
Internet Islands
will be the sole arbiter as to what constitutes a violation of any of these provisions. Failure to follow any term or condition of the usage policy will be grounds for immediate account deactivation and forfeiture of any unused service fees.