Terms of Service
Effective 7/16/2005
This is a contract between you ("client","you" or "your") and Interactive Villages LLC ("Interactive Villages"). It states the terms and conditions which apply to your purchase and use, in any manner, of the Interactive Villages development services, website hosting,e-mail, dedicated server and domain services (collectively, the "Services").
BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY AND ABIDE BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, ANY APPLICABLE DOMAIN NAME REGISTRATION AGREEMENTS AND ALL POLICIES AND GUIDELINES (ALL AS AMENDED FROM TIME TO TIME) INCORPORATED BY REFERENCE HERETO. YOU ARE SOLELY RESPONSIBLE FOR USE OF THE SERVICES BY ANY OF YOUR EMPLOYEES, OFFICERS, DIRECTORS, AGENTS AND ANY OTHER END USER OF THE SERVICES (COLLECTIVELY, THE ?END-USERS?). YOU AGREE TO ENSURE THAT, END-USERS COMPLY WITH THE TERMS AND CONDITIONSOF THIS AGREEMENT, ANY APPLICABLE DOMAIN NAME REGISTRATION AGREEMENTS AND ALL POLICIES AND GUIDELINES (ALL AS AMENDED FROM TIME TO TIME) INCORPORATED BY REFERENCE HERETO.
Interactive Villages reserves the right to change or modify this Agreement, and any policy or guideline incorporated by reference at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to customers. Any changes or modification will be posted by Interactive Villages, and become effective upon posting of the revisions on the Site. You are responsible for regularly reviewing the Site to obtain timely notice of such changes or modifications. Your continued use of the Services following Interactive Villages's posting of any changes or modifications will constitute your acceptance of such changes or modifications.
Services: Interactive Villages ("Interactive Villages") shall provide one or more of the following services:
1.Set up and host a Web Site and/or Email Service (the "Site") for the you (herein known as "Client"), on Interactive Villages' Internet Server(s) or with a third party service of its choice.
2. Provide website development and/or content management services for Client website under one or more domain names.
3. Provide technical consulting services for Internet-related products or services acquired or operated by the Client.
Terms and Fees: The term of the Agreement for standard Webhosting shall be a minimum of 3 (three) months, beginning on the first day of the month following the date of acceptance of first payment (or when Client's domain is first accessible on-line, whichever occurs first), or longer, deemed by the service package(s) selected by the Client. Client understands and acknowledges Interactive Villages's costs in creating and establishing the infrastructure and Client-specific environment necessary to provide Client with the above-described services. Client upon those premises agrees to pay Interactive Villages a flat, nonrefundable (set up) fee and recurring period fees in the total amount indicated by their webhosting service order which Client acknowledges has been earned by Interactive Villages upon execution of this agreement. Interactive Villages services, beyond services specifically specified herein, shall be invoiced at standard Interactive Villages rates at time of agreement.
Client Provided Materials: Client shall own or hold any and all copyrights, licenses, trademarks, patents, or other legal rights required for Interactive Villages to legally make use of any and all images, logos, text, concepts, slogans, layouts, software, source codes, ideas, intellectual properties, inventions, or other materials or work product of any kind whatsoever which Client wants incorporated or incorporates in the Site or which Client provides or delivers to Interactive Villages for use, requests Interactive Villages to use, or inserts itself in the Site (all hereafter described as "Client-Provided Material"). It shall be the sole and exclusive responsibility of Client to identify and obtain any and all releases, consents or other rights necessary for Interactive Villages to use Client-Provided Materials and Client shall indemnify defend and hold harmless Interactive Villages from any and all losses, damages, expenses, proceedings, liabilities and claims of any kind arising out of or connected with Interactive Villages use, publication or dissemination of Client-Provided Materials in connection with this Agreement. It shall be the sole and exclusive responsibility of Client to maintain a backup copy of content for the use of file restoration. Interactive Villages will keep, to the best of its abilities weekly backups of content, but will not guarantee the reliability of these backups for availability or recency.
Client Content: Interactive Villages exercises no control or censorship, per se, over the Content obtained through the Service. Accordingly, Client assumes all risk and liability associated with such Content obtained or accessed by Client through Interactive Villages deliberately or otherwise. Interactive Villages specifically denies any responsibility for the accuracy, quality or appropriateness of Content obtained through the ISP. Client specifically agrees to hold Interactive Villages harmless to the limits of its liability as described above for any and all slander, libel, or defamation not resulting from direct and deliberate intent on the part of the ISP. Client understands and agrees that Interactive Villages, as a wire data access provider, cannot assume liability for the pronouncements, inaccuracies, slander, libel, threats, harassment, or defamation of Client by third parties. Client agrees to hold Interactive Villages harmless for the same.
Minimum storage on Interactive Villages's equipment shall be provided for e-mail and/or file storage, and shall be limited to 50 megabytes per Client account. Other arrangements and additional storage can be purchased from Interactive Villages as space and equipment limitations allow. Upon termination of this Agreement, Client's mail shall no longer be accessible and Client agrees to hold Interactive Villages harmless for any files or e-mail not received or lost, whether before or after termination of this Agreement.
It shall be the sole and exclusive responsibility of Client to review and approve content on its website modified by Interactive Villages staff on behalf of the Client. The parties acknowledge and agree that nothing contained herein shall impose any duty upon Interactive Villages to review or approve any materials on Client's site and any failure of Interactive Villages to object to any content shall not be interpreted as a waiver of the indemnity guaranteed herein. Interactive Villages will validate work completed using the Internet Explorer and Firefox browsers on the Windows operating system. Validation for other browsers or platforms can be done when requested by Client, and at an additional cost.
Interactive Villages Supplied Material: Client acknowledges that design, text, programming, software, source codes and integration techniques and systems provided by Interactive Villages, including third party software, server licenses or other services constitute intellectual property and/or valuable trade secrets of Interactive Villages whether or not the property was, is or will be designed for, sold to or used for the benefit of Client. Client acknowledges said property interests and waives any and all claim to such property which shall at all times remain the sole property of Interactive Villages unless conveyed specifically in writing and that this agreement conveys no such interests. Client further agrees not to attempt or perform any copying, explanation, alteration, reverse engineering or re-engineering, tampering or use or misuse of such Interactive Villages property or encourage or permit any other person or entity to do so without the express written consent of Interactive Villages. Any third party software or programs provided to client is not inherently supported by Interactive Villages.
Technical Support: Interactive Villages offers free technical support to assist customers with the setup and configuration of Interactive Villages hosting accounts. This policy outlines acceptable use of the Interactive Villages technical support resources.
Interactive Villages technical support is to be used when a customer requires assistance with problems involving the process of accessing files and content on their hosted website, as well as with problems concerning the sending and receiving of Internet E-Mail, and/or uploading of website content via a commercially available FTP program. Interactive Villages phone-based technical support is not to be used for questions regarding design or programming of WWW pages, use of any software not written by or sold by Interactive Villages, nor is it to be used for assistance on how to use any operating system, including (but not exclusive to) Windows, MacOS, or UNIX.
Support requests regarding a connection, email or upload/download issue should be requested through our online technical support department at http://helpdesk.interactivevillages.com. You will receive E-Mail-based technical support from This email address is being protected from spambots. You need JavaScript enabled to view it. (to automatically create a Helpdesk Ticket). Helpdesk tickets are prioritized on a first-in/first-out basis, and most ticketes received by Technical Support will be responded to by the business day immediately after the day the ticket was created. Any training or support services requested by client and performed by Interactive Villages staff on behalf of client will be invoiced at our standard rate of $100.00 per hour, billed in 1/4-hour increments.
A customer calling phone-based technical support with a question not regarding a query about the above outlined support types may be referred to the Helpdesk based technical support department for further assistance. Interactive Villages does not offer technical support services by means other than telephone or Helpdesk -- support is not available by visiting our administrative offices, unless prior arrangements have been made. Phone support with Interactive Villages staff is provided by appointment on an as-needed basis. We offer many 'free' channels of support as to where telephone support should be the last channel used if all others are unsatisfactory. If an issue arises where you need to schedule a phone conference to for further support or training, please send your request using the Helpdesk system . We will schedule a time and day to contact you. When requesting phone support, please be sure that you have a Microsoft operating system with Internet Explorer and can actively view the internet at the same time of having a telephone conversation.
Please note, phone support is only available Monday through Friday, between the hours of 10:00am and 5:30 pm PST, holidays and weekends excluded. Please note that if we feel telephone support is not needed, we will deny the call and provide as much support required via the ticket system. Support via the Helpdesk online ticket system is available from 7 a.m. to 7 p.m. PST. Please visit the Helpdesk at http://helpdesk.interactivevillages.com or click the link above to automatically submit a ticket.
Also note that support or training for third-pary applications or software not sold or provided by Interactive Villages, as well as troubleshooting for problems with third-party providers will be provided at our standard rate of $100/hour, billed in 1/4-hour increments. We will require that you have a credit card on file with us to pay for any support or training fees
Interactive Villages Technical Support does not offer technical support for Internet connections to other providers, support for Internet services offered outside of Interactive Villages, or any other problem related to connecting to the Internet. Interactive Villages Technical Support also is unable to offer technical support for "alpha", "beta" or pre-release software. While Interactive Villages Technical Support will try to offer help with as many different software packages as possible, Interactive Villages Technical Support can only guarantee technical support for products or services provisioned directly by Interactive Villages.
Client Provided Programming and Software: Interactive Villages will provide support for software or services purchased from Interactive Villages, including SiteBuilder and services included with the SiteXpress program. Interactive Villages is not responsible for the performance or integrity of any software provided to customer free of charge or provided to client by a third-party company. Interactive Villages will not directly support such software, and it is the customer's responsibility to directly contact the software manufacturer for any technical support. Any support or training for software or applications not provided by Interactive Villages will be billed to client at the rate of $100.00 per hour in 1/4-hour increments. Client is required to have a credit card on file for payment.
Interactive Villages is not responsible for the performance or integrity of any software provided by or purchased by the customer for use on their web site. Interactive Villages will not directly support such software, and it is the customer's responsibility to directly contact the software developer for any technical support. Any modifications required or requested of Interactive Villages to support such software will be made at customer's expense and billed at Interactive Villages' standard hourly rates in effect at the time of the request.
Interactive Villages is not responsible for the performance of services provided by organizations outside of Interactive Villages, including the quality of a customer's phone lines, the speed of Internet connections not owned or operated by Interactive Villages, the operation or reliability of any external software or Internet server or computer not owned or operated by Interactive Villages.
Interactive Villages is not responsible for any long-distance charges incurred when using our dial-up numbers; the customer must check with their local telephone provider to ensure that calling any of our access numbers is a local call.
No Warranties or Liability: Interactive Villages SHALL PROVIDE THE SITE FOR CLIENT AND TO CUSTOMERS "AS IS" AND ONLY "AS AVAILABLE," WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO EXPRESS OR IMPLIED WARRANTIES OF NON-INFRINGEMENT TITLE, OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Interactive Villages IN NO WAY WARRANTS OR REPRESENTS THAT ACCESS AND/OR USE OF SITE SHALL BE CONTINUOUS, FREE OF ERRORS, WITHOUT INTERRUPTION, OR THAT THE CONTENTS OF THE SITE, INCLUDING BUT NOT LIMITED TO INFORMATION, SOFTWARE OR OTHER ACCESSIBLE MATERIAL, SHALL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS OR MATERIAL.
NO Interactive Villages EMPLOYEE, STAFF AGENT CONTRACTOR OR OTHER PERSON OR ENTITY SHALL HAVE ANY AUTHORITY TO VARY THE TERMS OF THIS PARAGRAPH OR TO MAKE OR CREATE A WARRANTY WHETHER BY STATEMENTS, ADVICE OR CONDUCT.
Interactive Villages SHALL HAVE NO LIABILITY FOR ANY MODIFICATIONS, DELETIONS OR ADDITIONS TO THE SITE MADE BY ANY UNAUTHORIZED PERSON OR ENTITY. CLIENT ACKNOWLEDGES THAT HACKERS ARE A CONTINUING THREAT WHICH IT IS NOT COMMERCIALLY OR TECHNOLOGICALLY FEASIBLE TO COMPLETELY ELIMINATE. THE INTENT OF THESE TERMS AND CONDITIONS IS THAT CLIENT'S SOLE REMEDY FOR DISSATISFACTION, DAMAGES, LOSS OR CLAIMS OF ANY KIND WHATSOEVER SHALL BE TO DISCONTINUE USING Interactive Villages'S SERVICES.
Suitability of Content: Client warrants and agrees that all material residing on Client's site and/or published from Client's site shall be compliant with the laws of the United States and of the State of Washington and agrees to indemnify and hold Interactive Villages harmless for any and all claims to the contrary made by any person, entity, organization, state or sovereign power. Client further agrees that Interactive Villages may, without incurring any liability as a guarantor of the foregoing, bar materials from residing upon or being published from Client's Site which Interactive Villages believes may subject Interactive Villages to any civil or criminal liability. The parties acknowledge and agree that nothing contained herein shall impose any duty upon Interactive Villages to review or approve any materials on Client's site and any failure of Interactive Villages to object to any content shall not be interpreted as a waiver of the indemnity guaranteed herein above.
Security, No Conflicts: Each party agrees to inform the other of any information made available to the other party that is classified or restricted data, agrees to comply with the security requirements imposed by any state or local government, or by the United States Government, and shall return all such material upon request. Each party warrants that its participation in this Agreement does not conflict with any contractual or other obligation of the party or create any conflict of interest prohibited by the U.S. Government or any other government and shall promptly notify the other party if any such conflict arises during the Term.
Disputes: The parties agree that all disputes between them shall first be submitted for informal resolution to their respective chief operating officers. Note that any amounts outstanding and in dispute will be subject to late fees/finance charges indicated herein. Any controversy or claim arising out of or relating to this Agreement or the provision of Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Kitsap County, WA, USA, and judgment on the arbitration award may be entered in any court having jurisdiction thereof.
Choice of Law and Forum: The applicable law for any claim arising out of this Agreement or out of the services provided by Interactive Villages shall be the laws of the State of Washington, and venue shall lie only in Kitsap County, Washington. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF THE UNITED STATES AND WASHINGTON, WITHOUT REGARD TO PRINCIPLES OF CONFLICTS OF LAW.
Completion Dates: Interactive Villages shall make all good faith efforts to timely complete the installation and debugging of said Site/Services, but Client understands and agrees that Interactive Villages cannot and does not guarantee a date for the Site/Services to go online or for completion of modifications to the Site configurations. All dates will be adhered to within a reasonable time frame.
Billing:Client agrees to pay for the Service in accordance with Interactive Villages's Billing Rates currently in effect. Payment is due prior to client's service period. If Interactive Villages does not receive payment when due, Client's account may be terminated. It is the Client's responsibility to ensure that any payments Interactive Villages receives are clearly noted with respect to the account for which they are intended. Termination of Client's account does not relieve Client's responsibility under this agreement to pay all fees incurred up to the date the account was canceled, including any collection fees, attorney fees, and court costs incurred by Interactive Villages as a result.
Excepting the Installation Fee and Start-up Fee, Client shall render payment of all Fees by Paypal or authorizing Interactive Villages to debit the Client's credit card account number on a recurring basis for all Fees due and payable. If balance due for fees are not received by the due date for the Client's billing period or past due invoices, Interactive Villages will charge client's credit card on file including any late fees when applicable. In the event such debit is rejected, Client shall render payment of such Fees by certified check within ten days of receiving notice of such rejection from Interactive Villages.
Interactive Villages requires fees to be paid in a timely manner, and in NO event shall payment actually received by Interactive Villages be delayed more than 10 days from the due date on the Client's invoice. Any accounts past due 10 days or longer will be subject to a finance fee of 1-1/2% of balance or $5.00 per month, which ever is greater, on all balances outstanding past 10 days. Client agrees time is of the essence. No waiver by Interactive Villages of timeliness shall constitute future waiver of this requirement. There is a $25.00 fee for returned checks or expired credit cards used for payment. Interactive Villages reserves the right to withhold service at its sole discretion to any party.
If service is interrupted for non-payment for any reason, there will be a restoration fee of $30.00, payable in advance before service shall be restored, in addition to the overdue charges. Continuation of services by Interactive Villages is subject to Interactive Villages's ongoing approval of Client's creditworthiness. Service fees shall continue to accrue despite account suspension until Interactive Villages receives written notice from Client that this agreement is terminated. Interactive Villages reserves the right to charge client's credit card on file for any balances due. Interactive Villages assumes no liability for files left on its equipment by Clients delinquent in their payment obligation.
Client may change their service plan at any time provided written notice via email or standard postal service is given to Interactive Villages within 30 days of desired change date. Interactive Villages will attempt to provide notice via e-mail of a change in its Billing Rates. Client shall have 30 days from the date of the effective change to provide Interactive Villages with a written request to terminate Service and incur no termination liability. Otherwise, Client's existing service will be billed at the new Billing Rates. Client agrees to be responsible for all charges due from the date notice was received.
Interactive Villages may in its own discretion and upon its own initiative return to the Client any money or consideration not yet credited to services provided. This shall be the full extent and limit of any liability or obligation on the part of Interactive Villages to the Client. However, should Interactive Villages terminate Client's account for non-compliance with the Terms and Conditions set forth herein, Interactive Villages, Inc. is not obligated to issue to Client any moneys or consideration that has not been applied to services. Client shall be responsible for any credit card chargeback fees incurred as a result of a dispute or from providing false or misleading payment information.
Unless requested otherwise, all invoices and receipts will be sent to Client via email to their email address established when account is first set up. It is the Client's responsibility to notify Interactive Villages as to any changes in the Client's billing email address. Notification must be received at least 15 days prior to Client's next billing period.
Credit Card Payments: Customers who pay via a credit card for web hosting or domain services will not receive a bill. The customer's credit card statement acts as a receipt of payment. If you need a receipt from Interactive Villages in order to get reimbursed from your employer, please contact the Interactive Villages Billing Department to request a receipt -- all receipts will be E-Mailed. Customers paying annually with a credit card will receive via E-Mail a subscription renewal notice and will have 10 days to notify the Interactive Villages Billing Department that the account holder should not be charged for another year.
New accounts: New accounts will be activated at the end of the day when the credit card charge is accepted.
Automatic Renewals: Products which carry a term renewal option will be automatically renewed and charged to customer's account unless cancelled in writing at least 30 days prior to beginning of renewal term. These products include Domain Hosting, Ecommerce, Domain Registration renewals, Dedicated Servers and SSL Web Certificates.
Credit Card Declines: When the Interactive Villages Billing Department receives notice that a credit card has been declined a charge from Interactive Villages, the Interactive Villages Billing Department will send an E-Mail warning indicating that the credit card has declined the charge, and that the account will be closed if Interactive Villages does not receive a response. The customer has 10 days to respond. Failure to respond within 10 days will result in the closing of the account. All credit card accounts will not be re-opened until the user makes payment arrangements with the Interactive Villages Billing Department. For those charges that come back as "PICKUP CARD", indicating that the credit card that was charged has been reported lost, stolen, or extremely delinquent, the account linked with that credit card will be closed immediately. The account holder is required to contact the Interactive Villages Billing Department by phone to make arrangements to reactivate your account should a charge be denied in this fashion. A $25 service fee will be added to the Client account balance for this service.
Expiration of Accounts Paid by Credit Card: For customers whose service plans are billed to a credit card, the account will be open until such time as the customer chooses to close the account or the credit card is refused for insufficient funds or is expired. Customers may also pay by credit card for one year, and all accounts will automatically renew at the end of their billing period, including annual accounts.
Renewal and Cancellation: This Agreement will automatically renew after the expiration of its initial term on a recurring basis ("Renewal Term"), unless client notifies Interactive Villages at least thirty days prior to the date of renewal for the term currently in effect of its intention not to renew. Notice of termination must be in writing via either our online cancellation form at http://www.interactivevillages.com/cancel or via fax to our fax number listed at http://www.interactivevillages.com/contact, or in a written letter delivered personally or via the U.S. Postal Service.
Termination: Client agrees to uphold their obligation towards the terms and length of the Service Agreement, and/or any agreements executed for specific work for hire. Transferring of client domain to another provider does not constitute cancellation of services provided by Interactive Villages. Early termination will result in payment for the balance of the contract term, prorated from date of termination to scheduled term completion. After termination, Interactive Villages shall have no further responsibility to maintain any information that client may have stored electronically with Interactive Villages.
Client may terminate this agreement and close the assigned account at any time provided written notice is given to Interactive Villages within 30 days of desired termination date. If notice is not provided within 30 days prior to client's service period renewal date, normal charges for that service period will apply and client will be responsible for payment. Any unpaid balance remaining after termination is due and payable immediately to Interactive Villages. Interactive Villages may at its discretion, repossess any content or domains owned by the client and sell such items to the highest bidder on behalf of the Client until client's balance is paid completely.
Early termination of Quarterly, Semiannual and Annual accounts will result in loss of discount for that period and account will be invoiced at the full monthly rate. Client shall remain responsible for any fees incurred up to the date of termination of the Service including any termination service fees. Interactive Villages will calculate the prepayment for the months or partial months (a partial month shall be considered to be a whole month for this purpose) that have passed at non-discounted rates. Any payments made for unused services may be credited back to Client's account, prorated 30 days from date of notice of termination. Interactive Villages may apply any credit balance to any damages that may have been caused any breach by client of the terms of this agreement.
Parked Domains: Client agrees to allow Interactive Villages to show it's promotional page as the default page for any domain that is pointing to Interactive Villages DNS servers and either 1) does not have Client content available for it, or 2) is not being used for paid hosted services. Placement of an Interactive Villages branded "under construction" page indicates accessibility of client's domain online as noted in the Terms and Fees section.
Purchase Orders: Any conflict between the terms of this Agreement and any Purchase Order or other authorization or notice to proceed issued by Client shall be resolved in favor of the terms of this Agreement.
Intellectual Property Rights: Title and property rights, including all intellectual property rights toInteractive Villages, are and shall remain with Interactive Villages, whether or not they are embedded in any programming, software or hardware. Client recognizes that Interactive Villages's services and/or products, programming and software used here under constitute valuable trade secrets of Interactive Villages. Client agrees to use reasonable efforts to protect and keep confidential any and all programming and software used by Interactive Villages and shall never make any attempt to copy, examine in any way, alter or reengineer, reverse engineer, tamper with or otherwise misuse such services, programs, hardware, etc.without written consent from Interactive Villages.
General Obligations: The failure of either party to insist on strict performance of any term or condition shall not result in a wavier as to any future performance of such term or condition. In the event that any portion of this Agreement shall be held to be unenforceable, that portion shall be construed if possible in such a way as to make it enforceable, or shall be severed and the remaining portions of the Agreement shall remain in full force and effect. Any modification of this Agreement except as expressly provided herein, shall be in writing and executed by both parties. The terms and conditions of this Agreement constitute the entire agreement between Client and Interactive Villages and supersede all prior understandings or writings, oral or written.
ACCEPTABLE USE POLICY
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PLEASE READ CAREFULLY BEFORE USING OUR SERVICES.
THIS ACCEPTABLE USE POLICY CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND Northwest Network Services, Inc. ("Interactive Villages", "WE" OR "US") a provider of retail web hosting, e-mail, electronic commerce, and domain name services (?Services?).
A. ACCEPTANCE:
1. YOU AGREE TO REFRAIN FROM THE FOLLOWING EXAMPLES OF PROHIBITED CONDUCT;
2. IF YOU ARE ACCEPTING ON BEHALF OF A COMPANY, YOU REPRESENT AND WARRANT TO Interactive Villages THAT YOU HAVE FULL AUTHORITY TO BIND SUCH COMPANY; AND
3. IF YOU DO NOT AGREE TO ABIDE BY THIS POLICY PLEASE DO NOT USE OUR SERVICES.
B. PROHIBITED CONDUCT
You will violate this Policy if you engage in the following examples of prohibited activities while using our Services:
(a) Spamming
(i) Sending unsolicited bulk and/or commercial messages over the Internet (known as ?spamming?)
(ii) Maintaining an open SMTP relay
(b) Facilitating a Violation of this Policy
(i) Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this Policy, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software
(c) Infringing Intellectual Property Rights
(i) Engaging in any activity that:
(a) infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities
(b) violates privacy, publicity, or other personal rights of others
(d) Obscene Speech or Materials
(i) Using Interactive Villages Services to advertise, transmit, store, post, display, or otherwise make available child pornography or other forms of pornography or obscene speech or material. Interactive Villages shall notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through Interactive Villages Services
(e) Promoting Violence or Injury
(i) Advocating, promoting or providing assistance in carrying out violence or any otherunlawful activity against any persons, animals or any governments, businesses or other entities
(ii) Describing or displaying a weapon, or parts of weapons, or manuals for assembling any weapon, including but not limited to firearms, ammunition, explosives, grenades, bombs and caustic or other dangerous substances
(iii) Promoting products or services that involve a significant risk of death or injury to any persons, or damage to business or other entities or property
(f) Defamatory or Abusive Language
(i) Using Interactive Villages's Services as a means to transmit or post defamatory, harassing, abusive, or threatening language
(g) Forging of Headers
(i) Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message
(h) Illegal or Unauthorized Access to Other Computers or Networks
(i) Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking")
(ii) Engaging in any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity)
(i) Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities
(i) Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks
(ii) Engaging in activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment
(j) Export Control Violations
(i) Exporting encryption software over the Internet or otherwise, to points outside Canada or the United States
(k) Illegal Activities
(i) Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, phishing scams, fraudulently charging credit cards, and pirating software
(l) Gambling
(i) Engaging in or promoting gambling
(m) Promoting Intoxicants
(i) Illegally displaying or promoting any type(s) of intoxicant, alcoholic beverage, cigarettes or illegal substance
(n) Instructing others in Prohibited Activities
(i) Providing instructions with respect to any activities listed in (a) through (n) above
(o) Other Activities
(i) Engaging in any other activity, whether lawful or unlawful, that Interactive Villages in its sole discretion determines to be harmful to customers, operations, reputation, goodwill, or customer relations.
C. FAILURE TO ABIDE BY THIS ACCEPTABLE USE POLICY
Interactive Villages reserves the right in its sole and absolute discretion to restrict or remove from its servers any content that it deems to be in violation of this Acceptable Use Policy or any laws. Interactive Villages may immediately take action, including, but not limited to, (a) issuing warnings, (b) suspending or terminating the Service(s), (c) restricting or prohibiting any and all uses of content hosted on Interactive Villages's systems, and/or (d) disabling or removing: (i) any hypertext links to third-party web sites, (ii) any of your content distributed or made available for distribution via the Services, or (iii) other content not supplied by Interactive Villages. It is Interactive Villages's policy to terminate Services to infringers. The above stated rights of action, however, do not obligate Interactive Villages to monitor or exert editorial control over the information made available for distribution via the Services and you acknowledge that Interactive Villages has no obligation to censor or monitor use of the Services by you, or any obligation to censor or monitor any content, material or other information sent, received or accessible through the Services. In the event Interactive Villages takes action due to such possible violation, Interactive Villages shall not be obligated to refund to you any fees paid in advance of such action.
Authorization: Your use of Interactive Villages products and services acknowledges that you have read, understand and agree to abide by the terms and conditions set forth herein, and that have legal and financial authority for the individual or entity indicated on this contract. You authorize Interactive Villages to charge your account for products and services indicated on the service agreement.