Provider may modify this document from time to time as needed by publishing it online and will send written notice of such changes to Client. The most up to date version of this will be hyperlinked at the bottom of Provider's homepage located on the World Wide Web at http://www.inetu.net/. Provider shall be the final and sole judge of whether abuse or violations to the Terms Of Service and Acceptable Use Policy have occurred.
- USE OF SERVICE. This agreement is for the exclusive use of the Client and does not extend to any other person or entity. Under no circumstance will Provider give support or service to anyone other than Client's employees and agents. Client is solely responsible for support for Client's customers.
- RESTRICTIVE USE. The Client may only use Provider's Server(s) for lawful purposes and as authorized hereunder. In the event that at any given time, Provider believes that the service is being used by the Client in contravention with any of the terms and provisions contained in this agreement, Provider has the right to immediately discontinue such service to Client without any liability whatsoever. The following are restrictive uses and shall be cause for the immediate termination of web services and this Agreement without notice and without refund to the Client.
- ACCESS TO SERVER(S). Client may not remove or impede Provider's access to Server(s). Provider shall have the right to regain root or administrative access by any means necessary without liability for the consequences of regaining access should Client remove such access.
- RESPONSIBLE USAGE. The Client takes responsibility for their actions on Provider's network, and any systems accessed through said network. This includes, but is not limited to, statements made through electronic mail, chat and discussion forums, and Usenet news groups. If the Client, or any user thereof is found to have exercised irresponsible behavior, whether intentional or unintentional, endangering Provider's network or another network's systems, company or individual, Provider may suspend Client's access at any time, without prior notice.
- MASS ELECTRONIC MAIL (SPAM). This section outlines Provider's policy on unsolicited mass e-mail and newsgroup postings, commonly known as, and referred to herein as "SPAM". For the purpose of this document, "unsolicited e-mail" shall be defined as: any electronic mail sent to a given list of address(es) for which the owner(s) have not given express permission for the Client's use in mass communication. Provider network's resources may not be used by Client to e-mail or mass e-mail any user(s), or groups of users who have not indicated an express willingness to receive said mailings. SPAM may not be used as a means of promotion for Web sites, products or services hosted on Provider's network regardless of whether or not SPAM is sent through Provider's network. Any violation of this policy may result in termination of this Agreement and service disconnection without prior notice to Client.
- PROHIBITED USE OF SERVICE. Client will not run services or software related to Internet Relay Chat ("IRC"), Peer To Peer File Sharing ("P2P"), or game servers.
- CENSORSHIP. Provider has a policy of no-censorship, either from or to our systems, UNLESS, the information transmitted is illegal in nature, or clearly used to commit fraudulent activity. Additionally, the Provider's network may not be used to host or access adult-oriented websites or materials, including those depicting pornographic, lewd or lascivious matter, erotica, or acts of a sexual nature. At the sole discretion of Provider, any violation of the above will result in immediate service disconnection and termination of this Agreement without notice or liability for actual, compensatory or consequential damages to Client. At Provider's sole discretion, Provider may add filters to deny certain malicious traffic to ensure overall network reliability or security.
- SHARED RESOURCE USAGE. Provider will not allow Client to consume excessive system resources on Provider's network. Provider may place limits on resources, when reasonable, which include but are not limited to placing limitations on Client bandwidth usage, placing quotas on disk usage or suspending services under this Agreement while problem is corrected.
- SECURITY. Provider actively and automatically monitors all of its systems for attempts at breaching its security, or attempts to access systems or resources that are not available for Clients to use or access. Any attempt to access or modify unauthorized computer systems information or to interfere with normal system operations (commonly known as "hacking"), whether on the equipment of Provider or of any other computer system or network that is accessed by its Servers, will result in immediate and permanent termination of this Agreement and may lead to other legal proceedings against Client. ANYONE FOUND ATTEMPTING TO GAIN TO OR WHO HAS GAINED UNAUTHORIZED ACCESS TO PROVIDER SERVERS OR EQUIPMENT, PROVIDER'S CUSTOMER EQUIPMENT OR THIRD PARTY EQUIPMENT WILL HAVE THIS AGREEMENT IMMEDIATELY TERMINATED AND THE INCIDENT REPORTED TO THE PHILADELPHIA BUREAU OF THE FBI and respective Attorney General's office. Provider fully cooperates with authorities during any investigation.
- PRIVACY. While every attempt is made to keep all information passing to and from Provider's systems, and to and from Provider's customers, private, Client must assume that any information that Client transmits or receives may not be private. Provider will fully cooperate with any authority in the investigation of illegal activity and may turn over logs and records upon receipt of proper orders. Client must use reasonable security precautions in connection with your use of Provider's Servers. This includes any confidential or private data including, but not limited to private information protected by law transmitted to and stored on Provider's network or related Servers. This includes encrypting any data that Client may request Provider to copy to external storage devices including, but not limited to CD, DVD or external storage devices. Client must also cooperate with Provider's reasonable investigation of service outages, security problems, suspected breech of the Agreement, or violations of applicable law. Client is also responsible for keeping information related to authorized contacts, billing information and other account information up to date.
- PATCHING AND SOFTWARE SUPPORT. Provider will install urgent security patch updates to Server(s) operating system and Standard Supported Software pre-installed by Provider unless Client provides notice to the contrary. Client releases Provider and holds Provider harmless for any damage resulting from the application of security patches. Client is responsible for installing security patches for any software other than the operating system or Standard Supported Software. Provider may charge a reasonable support fee to support software outside of Standard Supported Software. In such event, Provider will notify Client of charges before work is performed.
- CLIENT LIABILITY FOR VIOLATION. Provider will charge and Client agrees to pay at a rate of $250 per hour for all labor, administrative time, or other activity of Provider's employees expended to cure, rectify and otherwise address any problems attributable to Client's intentional conduct in violation hereof, or Client's willful abuses or willful misconduct under Provider's Acceptable Use Policy.
- CLIENT OBLIGATIONS Client must use reasonable security precautions relating to Client’s use of the services, including encrypting any PII transmitted to or from, or stored on, the Servers. Client must comply with the all local, state and federal laws applicable to Client’s use of the Servers and with all Provider policies. Client must cooperate with Provider's reasonable investigation of service outages, security problems and any suspected breach of the Agreement. Client must provide Provider with accurate information to help Provider determine if any tax is due with respect to the provision of the Server(s). Client is responsible for keeping Client’s billing and other account information up to date. Client must pay when due the fees for the Server(s) stated in this Agreement and any additional Server(s) order(s) or other agreements between Client and Provider.
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