These are the Acceptable Use Policies (AUP) of Invincible Host (IH). All customers of IH must abide by these policies. IH reserves the right to change and update these policies as it sees necessary.
IH service is provided on an "as is, as available" basis. No warranties, express or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, are made with respect to IH or any information or software therein. You release IH from and IH shall have no liability or responsibility for any direct, indirect, incidental or consequential damages suffered by you in connection with your use of or inability to use the IH services including, but not limited to, damages from loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions, or due to inadvertent release or disclosure of information sent by you even if the same is caused by IH's own negligence. Without limiting the generality of the foregoing, IH disclaims to the full extent permitted by applicable law any responsibility for (and under no circumstances shall be liable for) any conduct, content, goods and services available on or through the Internet or the IH services. In no event shall IH's aggregate liability exceed the amount paid by you to IH for the IH services. Use of any information obtained via IH's Internet service is at the user's own risk. IH specifically disclaims any responsibility for the accuracy or quality of information obtained through its services.
UNDER NO CIRCUMSTANCES SHALL IH BE LIABLE FOR ANY INCIDENTAL, UNCONSEQUENTIAL, OR CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF IH WAS INFORMED OF OR OTHERWISE AWARE OF THE POSSIBILITY THEREOF. In no event shall IH's liability for direct damages incurred for any reason and upon any cause of action arising from or relating to this Agreement or the subject matter hereof exceed the fees paid to IH by Customer hereunder in said term in which the damages are incurred.
IH warrants that the services it performs in maintaining its Internet services will be rendered in a competent, professional manner. IH does not warrant and specifically disclaims any representations that its Internet service will meet Customer's requirements or that the services will be uninterrupted or error-free. EXCEPT AS EXPRESSLY SET FORTH IN THIS PARAGRAPH, IH DISCLAIMS ALL OTHER EXPRESSED WARRANTIES AND ALL WARRANTIES, DUTIES AND OBLIGATIONS IMPLIED IN LAW, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IH's limited warranty set forth herein is in lieu of all liabilities or obligations of IH for damages arising out of or in connection with its Internet services.
IH is not obligated to verify the accuracy of any information contained on Customer's page or verify that the information is any other way proper and acceptable, provided, however, that IH reserves the right to:
• A.) Modify or delete any information or graphics supplied by Customer in order to comply with current and future technical limitations and business requirements of the Internet service.
• B.) Modify, delete or suspend dissemination or display of any information or graphics supplied by Customer if IH receives any complaints about Customer's information or advertising:
- (i) being false, deceptive, unfair or inaccurate;
The Customer is responsible for all use of the Customer's account(s) and confidentiality of password(s), including choosing safe passwords and ensuring file protections are set correctly. IH will suspend access or change access to Customer's account(s) immediately upon notification by Customer that Customer's password has been lost, stolen or otherwise compromised. IH is not liable for any usage and or charges prior to IH making the necessary account alteration. Electronic mail on this system is as private as we can make it. IH's Customers are reminded that no computer network can ever be considered completely safe from intrusion. E-Mail may pass through many computer systems, and should not be considered a secure means of communication unless encrypted ¬ and even encrypted information is only as secure as the encryption method used.
IH is not responsible for any Customer's personal files residing on IH servers. The Customer is responsible for independent backup of the Customer's data that is stored on IH servers. IH reserves the right to delete any Customer 's personal files after one or both parties terminates the service agreement between IH and the Customer.
The right to use IH's Internet service is not transferable. Use of IH accounts is expressly limited to the individual or business whose name appears on the account and dependents of the account holder living at the same address. A Customer may use no more than one log-in session per account at any time. If a Customer has multiple accounts, the Customer is limited to one log-in session per account at any time.
Customer agrees to use the service in a manner consistent with any and all applicable laws and regulations of the United States of America, the State of Washington, and the Customer's locality. Reproduction or transmission of any material in violation of any local, state, U.S., or international law or regulation is prohibited. The Customer agrees that any material to be reproduced or transmitted on IH's service through Customer 's account(s) does not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene, libelous or threatening. Software intended to facilitate any such violations or infringements may not be stored on IH servers. The Customer shall defend, indemnify and hold harmless IH from and against any claims, liabilities and expenses, including attorney fees, resulting from any Customer's use of the IH service or a Customer's account in an unlawful manner or otherwise in violation of or contrary to the Customer's Agreement with IH or IH's Acceptable Use Policies. At IH's discretion, IH may revoke any Customer's access to IH services or accounts for inappropriate usage.
Customer represents and warrants to IH that Customer owns or otherwise has the right to display and disseminate the information and content provided on the Customer's Internet page, and that such information and content does not infringe on the intellectual property rights of any third party. Customer represents and warrants that it has obtained, and currently has, any and all grants of rights from third parties which may be required to display text, graphics or other materials in the information contained on Customer's Internet page.
The following types of conduct are grounds for immediate suspension of service pending investigation by IH and may result in termination of the account(s) if the investigation determines Customer or Customer's account to have originated or transmitted these types of traffic:
(b) Engaging in either Inappropriate Postings (a) or Spam (b) from a provider other than IH for the express purpose of marketing a site which resides on the IH network, or promoting a site on IH's network through Spam from a non-related network. These tactics are defined as "Spamvertisement."
(c) Continued harassment of other individuals on the Internet after being asked to stop by those individuals and/or by IH.
(d) Mail bombing, i.e., sending large volumes of unsolicited E-Mail to individuals or to individual business accounts.
(e) Impersonating another user or otherwise falsifying one's user name in E-Mail or with any other Internet service.
(f) Privacy violations: Attempts, whether successful or not, to gain access to any other system or users' private data without express consent of the user.
(g) Use of IRC bots or clonebots on IH servers. An IRC bot is a program which runs and is connected to an IRC server 24 hours a day, automatically performing certain actions.
(h) Network unfriendly activity: Attempts to interfere with the regular workings of IH's systems or network connections or which adversely affect the ability of other people or systems to use IH services or the Internet, including, but not limited to:
1. any unauthorized attempts by a user to gain root access or access to any account not belonging to that user on this or any other IH system;
2. any use of this or any other IH system as a staging ground to disable other systems.
3. Any activity which violates the laws or statutes of the United States or of any State.
In the event IH determines that a Customer is exceeding the CPU, bandwidth and/or disk utilization limits, the Customer will be notified by E-Mail. If the excess use continues for more than 24 hours after such notification, the Customer will be requested to upgrade to a web hosting service agreement or to modify the activity creating the excess use. If excessive CPU, bandwidth, or disk space utilization is determined by IH to adversely affect IH's ability to provide service for all customers, immediate action will be taken to alleviate the problem. In such event, the Customer will be notified by E-mail as soon as practicable after IH has taken action.
Any access to other networks connected to IH's Internet service must comply with the rules for that other network as well as with IH's rules.
IH reserves the right to monitor any and all communications through or with IH facilities. Customer agrees that IH is not considered a secure communications medium for the purposes of the Electronic Communications Privacy Act, and that no expectation of privacy is afforded. It may become necessary for IH employees to examine system accounting logs and other records to determine if privacy violations or other network unfriendly activities have occurred. IH also reserves the right to access a Customer's mailbox or other files stored on IH systems to resolve system problems or mail system errors.
IH reserves the right to cooperate with law enforcement and other authorities in investigating claims of illegal activity including, but not limited to, illegal transfer or availability of copyrighted material, postings or e-mail containing threats of violence or other illegal activity.
IH will not release a Customer's personal subscriber information, nor a Customer's billing information, to any third party except upon presentation of a valid court order of a government or entity within our jurisdiction. Customer agrees that IH's judgment as to the validity of any court order of subpoena shall be considered proper and final.
IH reserves the right to suspend or cancel service to a Customer at any time and without notice, for any reason, including, but not limited to, refusal or failure to pay for services provided or by sole judgment of IH that the Customer may be performing activities harmful to IH or its Customers, employees, vendors, business relationships or any other users of the Internet.
IH reserves the right to collect damages (software, hardware and man hours) if any harm is done to IH which requires repair or reconfiguration of any kind.
Nothing contained in these policies shall be construed to limit action IH may take or remedies available to IH in any way with respect to any of the described conduct. IH reserves the right to take any additional actions IH may consider appropriate with respect to such conduct, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the IH service, and levying cancellation charges to cover IH's costs in the event of disconnection of access for the causes outlined above. In addition, IH reserves at all times all rights and remedies available to IH with respect to such conduct at law or in equity. Non-enforcement of any policy or rule herein does not constitute consent or waiver, and IH reserves the right to enforce such policy or rule at its sole discretion.
IH reserves to right to change without notice the IH service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors and services offered.
IH may modify its Acceptable Use Policies upon notice published online via IH. Customer's use of IH services after such notice shall constitute Customer's acceptance of the modifications to these policies.
Customer agrees to defend, indemnify and hold harmless IH and its owners, officers, shareholders, directors, employees, affiliates and subsidiaries from and against any and all claims, demands, liabilities, proceedings, damages, injuries, losses, costs and expenses (including, without limitation, reasonable attorneys' fees) arising out of or relating to:
• A.) Any acts or omissions by Customer undertaken in connection with the Internet page, including, without limitation, those arising out of or related to any branch of:
- (i) any Customer warranties, representations, or covenants hereunder;
• B.) Violations of any third-party intellectual property rights, or any claim of infringement, misappropriation or violation of a right of a third party (including, without limitation, a trade secret claim, a defamation or libel claim, or an obscenity claim).
18.1 - Prevention of Performance
The parties shall not be liable for any delay or failure of performance of this Agreement if such failure is caused by acts of God, war, governmental decree, power failure, judgment or order, strike, communications failure, equipment of software malfunction, or other circumstances, whether or not similar to the foregoing, which are beyond the reasonable control of such party.
18.2 - Entire Agreement
This instrument embodies the whole agreement between the contracting parties. There are no promises, representations, conditions, or terms other than those contained herein.
19.3 - Severability
The provisions of this Agreement are severable. If any provision is determined by a court of competent jurisdiction or a governmental regulatory entity to be invalid or unenforceable, in whole or in part, that provision shall be construed or limited in such a way as to make it enforceable, consistent with the manifest intentions of the parties. If such a construction or limitation is not possible, the unenforceable provision will be stricken, and the remaining provisions of this Agreement will remain valid and enforceable.
18.4 - Amendments
No modification, change, or alteration of this Agreement shall be effective unless in writing and signed by the parties hereto, except as otherwise provided for in this Agreement.
18.5 - Waiver
Failure by either party to insist upon the strictest performance or observance of any provision of this Agreement or to exercise any right or remedy arising out of this Agreement shall not be construed as a waiver of any right or remedy with respect to any existing or subsequent breach or default.
18.6 - Notices
Any and all written notices, communications, or payments shall be made to the respective parties at their addresses indicated in the first paragraph of this Agreement or at such other address as a party may indicate in a written notice to the other party to this Agreement.
18.7 - Governing Law
This Agreement shall be governed by the internal laws of the State of Washington and the parties hereto agree that the courts in the State of Washington shall have exclusive jurisdiction for any claims or disputes which may arise hereunder.