alabama-net.com, InternetSouth.com and jwReynolds ("us", "our", "we"} are a Web Presence Provider. User accounts on our Internet servers are subject to compliance with the terms and conditions set forth below. Under the terms of this agreement, your placement of information on our servers is an acknowledgement that you have read and understood this agreement, and that you agree to be bound by the terms and conditions below. If you do not wish to be bound by these terms and conditions, you should not proceed to place any information of any kind on our servers.
1. USER CONDUCT
Our services may only be used for lawful purposes. Any use of these services which violates any local, state, federal, or international laws which may apply to us, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited.
While using the service, you may not:
You agree to indemnify, defend, and hold us harmless from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, us, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and Web site content.
3. REFUSAL OR DISCONTINUANCE OF SERVICE
We reserve the right to refuse or discontinue service to anyone at our sole discretion. We may deny you access to all or part of the service without notice if you engage in any conduct or activities that we in our sole discretion believes violates any of the terms and conditions in this agreement. We shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that we have the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in our sole discretion, are unacceptable, undesirable, or in violation of this agreement.
4. NO WARRANTIES
We make no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, noninfringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by us or our agents or employees shall create a warranty. We provide no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall we be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with our service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.
You understand that by placing information on our servers that such information becomes available to all Internet users and that we have no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of our servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through us or on the Internet generally.
5. ECPA NOTICE
You agree that we are not considered a "secure communications medium" for the purposes of the ECPA, and that no expectation of privacy is afforded.
6. IDENTIFICATION INFORMATION
You agree that you as the person legally responsible for use of this account, are at least 18 years of age. You agree to supply us with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current.
7. NO INTERFERENCE WITH OPERATION OF SYSTEM
You agree not to maliciously or intentionally interfere with the proper operation of the system, including but not limited to defeating identification procedures, obtaining access beyond that which you are authorized for, and impairing the availability, reliability, or quality of service for other customers. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to follow the Acceptable Use Policy of any network or service you connect to.
You agree to adhere to system policies as published online by us or emailed to you, including restrictions on services available with each account type, restrictions on certain features, and all other policies designed to protect and enhance the quality and reliability of our service. You agree to abide by any and all future policy decisions.
You agree that the security of your account is solely your own responsibility. You further agree that if you believe the security of your account has been compromised in any way, you will notify us immediately by telephone at 850-327-6699 and in writing by registered mail return receipt requested to jwReynolds, P.O. Box105, Walnut Hill, FL 32568. You shall be held fully responsible for any misuse or compromise to your account for which we are not properly notified. You agree that if any security violations are believed to have occurred in association with your account, we have the right to suspend access to the account pending an investigation and resolution. You also agree that we have the right to cooperate in any government or legal investigation regarding any aspect of our services, including services sold to you. Any use of our system to engage in software piracy or other violations of law will result in account suspension and be immediately reported to the appropriate authorities.
9. BACKUP OF DATA
Your use of the service is at your sole risk. We are not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on our servers.
10. TRANSMITTAL OF MATERIALS
You agree not to transmit unsolicited or prohibited advertising or other harrassing or illegal materials through electronic mail, Usenet postings, or other Internet media. The use of our network or any other service with reference to services obtained through our network, for unsolicited mass mailings, postings, or other activities considered an annoyance to others, commonly referred to as "spamming" is strictly prohibited and may cause your services to be terminated immediately and without warning and you will be held fully responsible for any damages to you, us, or any other party or parties resulting from any such conduct.
You agree to supply appropriate payment for the services received from us, in advance of the time period during which such services are provided. You agree that all setup fees are non-refundable once setup is ordered. We agree that pro-rated refunds for unused hosting time periods will be provided upon request, in the event of account termination, unless that account termination is made by us because you are in violation of this agreement in our sole opinion. Returned check are subject to the maximum penalty allowed by law in Escambia County, Florida. You agree that we hold first lien on any feature associated with your account in the event of payment default.
12. HOSTING AND DESIGN SERVICES
Design services are not included in your account, unless otherwise specified by us. Setup fees for design fees are not refundable once ordered. Charges for hosting, etc. begin to accrue when services are ordered, not when the design is completed. Copyrights in our work are not transferred to you. You affirm that you own copyright or license to use any graphic, page or other item that you request be included in your site.
Design work on your site will not begin until all of the material needed to complete the site has been received by us. Once a portion of the site has been designed (such as a certain page or graphic), it will altered by us one time at no charge unless we made an error. Any additional alteration beyond the first will be charged first against your included monthly update hours, then at the rate of not less than $45 per hour or $45 per incident, whichever is greater. Alterations we deem to be to correct an error made by us will be performed at no charge.
If your account specifies that it includes monthly update hours for design services, these hours are not cumulative. All update hours expire at the end of each month.
If your design account does not specify the number of included monthly update hours for design services, your account includes one hour of update time per month. Update hours are not cumulative and expire at the end of each month.
You agree to list our contact information for the administrative, technical and billing contacts for your domain(s) with your registrar. By doing this, you retain ownership of your domain, but we have the ability update nameservers as needed if it becomes necessary to transfer your domain to another server.
13. RESELL, PASSWORDS
You agree that you will resell, sublet, or otherwise allow other parties to use your web space or services without prior permission from us. You password is not to be shared with any other party without our permission.
14. PRIOR AGREEMENTS
This agreement supersedes any written, electronic, or oral communication you may have had with us or any agent or representative thereof, and constitutes the complete and total agreement between the parties.
If any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.
This agreement shall be governed by the laws of the State of Florida and Escambia County, Florida. You agree to pay any and all fees associated with this agreement, including, but not limited to, attorney's fees.
By placing and continuing to maintain or place information our servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.
Created: June 01, 1997 Last update: June 01, 1999, to change mailing address only