Please note that by accepting this account the subscriber agrees to the following Terms and Conditions:
1) The phrase “the Company” refers to Clearlight Communications, and its assigns, officers, and operators. The phrase “the subscriber” refers to the person or entity signatory to this contract.
2) Web Site leasing and all other services provided to the subscriber by the Company may only be for lawful purposes. Transmission or storage of any information, data, or material in violation of any U.S. Federal or state regulation or law is prohibited. This includes, but is not limited to material protected by copyright, trade secret, or any other statute, threatening material, or obscene material. It is the Company’s policy to comply with standards and procedures set forth in the Digital Millennium Copyright Act of 1998, including, but not limited to the removal or blockage of any material that may be in violation of applicable copyright laws. Furthermore, the Company will, when deemed necessary, terminate the account of any subscriber that repeatedly violates any U.S. Federal or state regulation or law. The subscriber agrees to indemnify and hold harmless the Company from any claims resulting from the subscriber’s use of the service which damages either the subscriber or another party or parties.
3) Subscribers will pay the monthly service fee on the first day of the month to be served. Monthly service is not prorated. If paying by credit card, the subscriber agrees to pay all billed amounts according to the card issuer agreement until the subscriber cancels the account or substitutes another method of payment.
4) Service may be terminated by either party, without cause, without notice.
5) The subscriber agrees that the Company has the right to delete all data, files, or other information that is stored in the subscriber’s account if the subscriber’s account with the Company is terminated, for any reason, by either the Company or the subscriber.
6) The subscriber certifies that he or she is at least 18 years of age.
7) APPROPRIATE ACCOUNT USE:
a) The hosting of adult sexual material is prohibited.
b) Unsolicited email is prohibited. In addition, unsolicited email originating from a remote system may not contain the URL or email address of an account hosted by Clearlight Communications.
c) Long-running or continuous processes (user programs or scripts that run longer than 15 minutes) are prohibited. A continuous process may not run in either foreground or background. Prohibited processes include (but are not limited to) bots, daemons, the “screen” utility, etc.
d) Resource intensive CGI scripts (such as perl chat scripts) are prohibited. User CGI scripts do not require prior approval, but the system administrator reserves the right to request that a server intensive script be discontinued. Failure by Subscriber to discontinue a server intensive script after a request has been made by Company may result in termination of the subscriber account.
e) Electronic forums such as mail distribution lists and USENET news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums must be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. Posts should be on-topic to relevant newsgroups or lists.
f) The network resources of Clearlight Communications may not be used to impersonate another person or misrepresent authorization to act on behalf of others or the Company. All messages transmitted via Clearlight Communications should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting.
g) Users must not attempt to undermine the security or integrity of computing systems or networks, and must not attempt to gain unauthorized access.
h) Subscriber is not permitted to resell the storage and transfer services provided to it by Clearlight Communications, except as specified below. Reselling of telnet and ftp access is prohibited. Reselling of disk storage space is permitted so long as the third-party(s) sole means of accessing said space is restricted to through HTTP (HyperText Transfer Protocol) alone. Except for the Virtual Server Pro account, each account is intended to serve one individual or organization only. Subscriber will be responsible for ensuring that any third party presence complies with the terms of this agreement.
9) The subscriber agrees to pay all applicable taxes, however designated, imposed, or based on the sale of Company services.
10) LIMITED WARRANTY. THE COMPANY WARRANTS THAT, IF A SUBSCRIBER IS DISSATISFIED WITH THE SERVICE, THE COMPANY WILL, UPON NOTIFICATION FROM THE SUBSCRIBER TO THE COMPANY, REFUND THE SERVICE FEES FOR THE CURRENT MONTH AND ANY PREPAID FEES FOR FUTURE MONTHS. OTHER THAN THE FOREGOING, NO WARRANTY IS MADE BY THE COMPANY REGARDING ANY INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH, IN CONNECTION WITH, OR LOCATED ON THE COMPUTER SYSTEMS OF CLEARLIGHT COMMUNICATIONS, OR OTHER SERVICES PROVIDED BY THE COMPANY, AND THE COMPANY HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF INFORMATION, PRODUCTS, OR SERVICES; AND 2) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
11) LIMITED LIABILITY. ANY LIABILITY OF THE COMPANY, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID BY OR ON BEHALF OF THE SUBSCRIBER TO THE COMPANY FOR THE CURRENT MONTH.
12) These Terms and Conditions supersede all previous representations, agreements or understandings and shall prevail notwithstanding any variance with terms and conditions of any order submitted.
13) The Company reserves all rights for changes and/or modifications to services and rates and will communicate these changes to the subscriber within 30 days of their effect.
14) The parties acknowledge and agree that this Agreement is governed by the laws of the State of Ohio without resort to conflict of law principles.
15) The parties expressly consent to the jurisdiction of the Ohio courts and agree any action arising from this Agreement or from the use of the services provided hereunder shall be brought in the courts of Ohio.
16) If any provision of this Agreement is found to be invalid or unenforceable, the rest of the Agreement shall remain in full force and effect.
17) Subscriber acknowledges and agrees that Company shall have the right to modify these Terms and Conditions from time to time as it deems necessary. Subscriber acknowledges and agrees, by continuing service after any revision, that it agrees to said revisions. It shall be Subscriber’s duty to review from time to time these Terms and Conditions as made available by Company on its web site to keep abreast of any revisions.
18) Use of a Clearlight Communications account constitutes acceptance of these terms and Conditions.
Digital Millennium Copyright Act Information:
Designated Agent to Receive Notification of Claimed Infringement: Don Crock
Designated Agent Email to Report Infringement: firstname.lastname@example.org