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Please read the
following carefully. UptimeAlarm will
assume that you have read the following terms and agreements, and that you understand both
the benefits of such guidelines and the consequences for misuse of our services under such
an agreement.
At UptimeAlarm, our goal is to provide a professional Internet service. In doing so we must set guidelines for the
use of our services. It is important for us to set these guidelines, as they will ensure a
professional environment for businesses and individuals to publish their information on
the Web. Many of our associates do not allow questionable content on their systems or in
their way of doing business. We feel that it is necessary to do business with our
associates in this professional manor, thereby complying with these kinds of
standards. In accordance, we must set the following standards:
Email Policy
UptimeAlarm will not
tolerate unsolicited email, junk email or SPAM sent by our
customers. Unsolicited email messages from our customers will have their services
temporarily suspended. UptimeAlarm will then contact and inform the customer of the
suspension. The customer must agree to discontinue such practices before having
their services reinstated. A repeated offense will cause cancellation of service without
refund of any fees.
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Illegal Activity
- Customers found to be using our system for illegal
activities, including but not limited to breaking in to
remote systems, credit card
fraud, theft, vandalism, threats, or violence, will have their accounts immediately cancelled without refund of any
fees.
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Right To Refuse Service
UptimeAlarm reserves the
right to refuse service to anyone for any reason which we feel is not in compliance with
our policies. This policy is strictly enforced to ensure a professional environment for
all legitimate customers and potential customers on our system.
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- User Agreement
- This agreement governs the terms of use
by the customer or customer’s clientele (referred to as the
"Customer" from here on out) of any and all services offered or provided
by UptimeAlarm(referred to as the Internet Service
Provider or "ISP" from here on out).
Customer
agrees to receive access to our services according to the terms and conditions listed on
this entire page:
Selection of Service Plan: Customer will select at least one of the service
plans offered by ISP, and agrees to receive services according to the service plan or
plans selected. ISP reserves the right to change it's prices or services at any time
without notice to all or any services prior to, but not after, customer or potential
customer places an order.
Payment for Services: Payment arrangements will be made on a Per Customer Basis. All agreed upon payments must be made before services are initiated.
Termination: This Agreement may be
terminated by either the Customer or the ISP at any time without prior notice and without
cause. If either party is in default under this agreement, then the non-defaulting party
may also immediately terminate the Agreement without prior notice to the other party.
Legal Compliance: Customer
must use the services offered by the ISP in a manner that is consistent with all
applicable local, state, provincial and federal laws and regulations depending on
Customer’s geographical location.
Back up: ISP agrees to
do continuous and routine back ups of all information and files on our system; however,
ISP will not be responsible for the Customer’s files residing on ISP’s system.
Client is solely responsible for independent backup of any and all data, important or
otherwise, stored on ISP’s system.
Disclaimer of Warranties: ISP’s
services will be and are provided on a WYSIWYG (What You See Is What You Get) basis.
Service can and will only be provided if service is available. ISP will specifically
disclaim any warranties not of our own, either express or implied. In the event that any
losses, damages, malfunctions or disruptions occur to Customer’s personal equipment
or otherwise, whether or not ISP has been notified of such losses, damages, malfunctions
or disruptions, ISP will not and cannot, be held in any way or form, liable in such an
event. ISP cannot and will not be held liable for any potential, or otherwise, losses of
income due to any possible losses, damages, malfunctions or disruptions, beyond any fees
or dues paid by the Customer to the ISP for any or all services.
Limitation/Disclaimer of Liability: ISP will not be,
and is not liable for protection or privacy of electronic mail or other information sent
via the Internet or any other network provider or systems of transfer its customers may
utilize. Provider does not represent or warrant to Customer that Customer will receive
continual and uninterrupted service during the term of this agreement. In no event shall
ISP be liable to Customer for any damages resulting from or related to any failure or
delay of ISP to provide service under this agreement if such delays or failures are due to
strikes, riots, fire, inclement weather, acts of Nature, theft or vandalism or other
causes beyond ISP’s control. Such an agreement is as defined by the standard
practices in this or like industry. Such failure or delay shall not constitute default
under this agreement.
Indemnity: Customer
agrees to hold ISP harmless from and against any and all claims, losses, liabilities and
expenses (which may include any possible attorneys' fees) related to or arising out of the
services provided by ISP to Customer under this agreement. This would include claims made
by any third party (including any of the Customer’s clients or otherwise). This can
also include claims related to any false advertising claims, liability claims for products
or services sold by Customer. Also, claims for patent, copyright or trademark
infringement, claims due to disruption or malfunction of services provided hereunder, or
for any content submitted by Customer for publication by ISP, but excluding those related
to the negligence of ISP.
Resale of Service: If Customer
chooses to act as a reseller of the services provided by the ISP to Customer hereunder, by
Customer providing similar services to its clients, then all the terms of this agreement
shall apply toward the Customer’s resale clients. Without limiting the foregoing,
Customer’s obligations shall apply to any and all claims made against Customer and/or
ISP that arises out of the resale of this ISP’s services.
Governing Law and Venue: The laws of the State of Washington shall govern
this agreement. Venue for any action hereunder shall be in Snohomish County, Washington,
United States of America.
Relationship of the ISP and Customer: No partnership,
joint venture or employee/employer relationship is intended by any service agreement made
between the ISP and the Customer. The parties intend that only an independent contractor
relationship will be created by any agreement made by the two parties.
Taxes: It is possible that a
federal, state or local governmental entity may impose a tax directly on the services provided by
the ISP to the Customer. Excluding any income, business and occupation, capital gain,
death or inheritance, or other indirect taxes, the ISP may pass the direct amount of such
cost on to the Customer. In such an event, the Customer may be required by ISP to promptly
pay such cost.
Waiver: Any 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.
Attorneys' Fees: In
the event that 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
non-prevailing party. In addition, any reasonable attorneys' fees and costs that the
prevailing party incurred prior to commencing the proceeding may be recovered.
IP Addresses: The ISP will
maintain control and ownership of any and all IP numbers and addresses that may be
assigned to Customer, and reserves in its sole discretion the right to change or remove
any and all IP numbers and addresses.
Prohibition of Publication of Certain
Material: Customer shall not knowingly
or unknowingly submit to ISP for publication of any of the following material (this
includes pictures, links, or any other format of 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 hateful,
racial, libelous or slanderous;
(c) Any material which is or
contains anything obscene or pornographic [nudity or content of an adult nature];
(d) Distribution lists to be used
via unsolicited electronic mail or other mass electronic mailings.
Due to the public nature of the
Internet, all material submitted by the Customer for publication will be considered
publicly accessible. The ISP does not screen in advance the Customer’s material
submitted to the ISP for publication. ISP’s publication of material submitted by
Customer does not create any express or implied approval by ISP of such material, nor does
it indicate that such material complies with the terms of this agreement.
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