Please read this agreement in its entirety. All users
of our service will be bound by this agreement, which
may be updated by us from time to time without notice
to you. This User Agreement (the 'Agreement') governs
the terms of the use by Client of services offered by
CapstonePublishing.com. ('Provider'). Client agrees to
receive access to the Virtual Server services according
to the following terms and conditions:
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Payment for Services. Client will pay for services
provided under this Agreement by business check, cashier's
check, money order, PayPal, or major credit card (via
PayPal). When initiating service, Client will be charged
the published setup fee for the service plan selected.
Payment for virtual server must be made in advance every
month. On or about the first day of every month thereafter,
Client will be charged for the following month's services.
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Term. This Agreement may be terminated by Client
or Provider with at least one calendar month's written
notice and without cause. If either party is in default
under this Agreement (including non-payment), then the
nondefaulting party may also immediately terminate the
Agreement without prior notice to the other party.
CPP shall not refund amounts already billed for the service period in which Client terminates the agreement.
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Compliance with Law. Client will use the services
offered by Provider in a manner consistent with all
applicable laws and regulations.
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File Back-up. Provider is not responsible for
Client's files residing on Provider's servers. Client
is solely responsible for independent backup of data
stored on Provider's servers.
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Prohibition of Publication of Certain Material.
Client shall not knowingly or unknowingly submit to
Provider for publication any of the following material
(including pictures, links, or any other content):
a) any material which violates or infringes any copyright,
trademark, trade secret, patent, statutory, common
law or other proprietary rights of others;
(b) any material that is libelous or slanderous;
(c) any material which is or contains anything obscene
or pornographic; or
(d) distribution lists to be used via unsolicited
electronic mail or other mass electronic mailings
including but not limited to: mass-newsgroup postings,
SPAM and unsolicited email sent from your server,
or any other service on the Internet, which contains
your domain name or any other domain name on our network
(e) Any abuse of shell account privileges including
but not limited to:
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Use of any program/script/command, or sending messages
of any kind, designed to interfere with a users
terminal session, via any means, locally or by the
Internet.
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Attempts to circumvent the idle daemon or time
charges accounting, or attempts to run programs
while not logged in by any method.
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Repeated running of CPU-intensive user-compiled
programs which negatively impact other system users.
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Running eggdrop or any other IRC bot which is connected
to a remote IRC server.
Any violation of the above conditions will result
in termination of Client's account.
Due to the public nature of the Internet, all material
submitted by Client for publication will be considered
publicly accessible. Provider does not screen in advance
Client's material submitted to Provider for publication.
Provider's publication of material submitted by Client
does not create any express or implied approval by Provider
of such material, nor does it indicate that such material
complies with the terms of this Agreement.
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DISCLAIMER OF GUARANTEES. PROVIDER'S SERVICE
IS PROVIDED ON AN 'AS IS, AS AVAILABLE' BASIS.
PROVIDER SPECIFICALLY DISCLAIMS ANY OTHER GUARANTEE,
EXPRESS OR IMPLIED, INCLUDING ANY GUARANTEE OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL
PROVIDER BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT,
SPECIAL OR INCIDENTAL DAMAGES, EVEN IF PROVIDER HAS
BEEN ADVISED BY CLIENT OF THE POSSIBILITY OF SUCH POTENTIAL
LOSS OR DAMAGE. IF PROVIDER'S SERVICE TO CLIENT IS DISRUPTED
OR MALFUNCTIONS FOR ANY REASON, PROVIDER SHALL NOT BE
RESPONSIBLE FOR LOSSES OF INCOME DUE TO DISRUPTION OF
SERVICE, BEYOND THE FEES PAID BY CLIENT TO PROVIDER
FOR SERVICES, DURING THE PERIOD OF DISRUPTION OF MALFUNCTION.
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Limitation/Disclaimer of Liability. Provider
is not liable for protection or privacy of electronic
mail or other information transferred through the Internet
or any other network provider or its customers may utilize.
CapstonePublishing.com assumes no responsibility or
liability for the successful acceptance and/or registration
of your proposed domain name registration.
Provider does not represent or warrant to Client that
Client will receive continual and uninterrupted service
during the term of this Agreement. In no event shall
Provider be liable to Client for any damages resulting
from or related to any failure or delay of Provider
to provide service under this Agreement if such delays
or failures are due to strikes, riots, fire, inclement
weather, acts of God, theft or vandalism or other causes
beyond Provider's control, as defined by standard practices
in the industry. Such failure or delay shall not constitute
a default under this Agreement.
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Indemnity. Client agrees to defend, indemnify
and hold Provider harmless from and against any and
all claims, losses, liabilities and expenses (including
legal fees) related to or arising out of the services
provided by Provider to Client under this Agreement,
including without limitation claims made by third parties
(including customers of Client) related to any false
advertising claims, liability claims for products or
services sold by Client, claims for patent, copyright
or trademark infringement, claims due to disruption
or malfunction of services provided hereunder, or for
any content submitted by Client for publication by Provider,
but excluding those related to the negligence of Provider.
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Resale of Provider's Service. If Client acts
as a 'reseller' of the services provided by Provider
to Client hereunder, by Client providing similar services
to its customers, then all the terms of this Agreement
shall provide to the resale. Without limiting the foregoing,
Client's obligations under Section 9 ('Indemnity') shall
apply to any and all claims made against Client and/or
Provider which arise out of the resale of Provider's
services.
- Governing Law/Venue. This Agreement shall be governed
by law in Linn County, Oregon.
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Relationship of the Parties. The parties intend
that an independent contractor relationship will be created
by this contract, and that no partnership, joint venture
or employee/employer relationship is intended.
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Taxes. If any national or local governmental entity
with taxing authority over the services provided under
this Agreement imposes a tax directly on the services
provided by Provider to Client under this Agreement (excluding
any income, business and occupation, capital gain, death
or inheritance, or other indirect taxes), then Provider
may pass the direct amount of such cost on to Client,
and Client shall promptly pay such cost.
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Waiver. Any party's failure to insist on compliance
or enforcement of any provision of this Agreement shall
not affect its validity or enforceability or constitute
a waiver of future enforcement of that provision or of
any other provision of this Agreement.
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Legal Fees. If a legal proceeding is commenced
to enforce or obtain a declaration of rights under this
Agreement, the prevailing party in such proceeding shall
be entitled to recover its reasonable attorneys' fees
and costs incurred in the proceeding from the nonprevailing
party, as well as any reasonable attorneys' fees and costs
that the prevailing party incurred prior to commencing
the proceeding.
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IP Addresses. Provider maintains control and any
ownership of any and all IP numbers and addresses that
may be assigned to Client and reserves in its sole discretion
the right to change or remove any and all IP numbers and
addresses.
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Cancellation. In order to stop service, Client
must e-mail to receive confirmation of cancellation.
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