:: FULL VERSION TERMS OF SERVICE::
Acceptable Use
Carolina Solutions services may only be used for lawful purposes. Transmission
of any material in violation of International, Federal or State regulation is
prohibited. This includes but is not limited to: material legally judged to
be threatening or obscene, or material protected by trade secret laws. If you
are found in violation of the Carolina Solutions Hosting Acceptable Use Policy
and Terms of Use. Your account will be terminated without notice and you will
forfeit all of the money that has been paid to Carolina Solutions. Examples
of content that is not acceptable on Carolina Solutions Servers: "Pirated
software" or "Warez", "Hacker programs and/or archives",
"IRC Bots", "Gambling Related","Copyrighted Mp3's",
cgi-based message boards. You specifically agree to indemnify and hold Carolina
Solutions harmless from any claims resulting from a breach of these terms, and/or
their use of the service, which damages another. Warez - Includes pirated software,
ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and
encrypting of any of the above. Also includes any sites which provide "links
to" or "how to" information about such material.
WE DO NOT HOST ADULT SITES.
Adult Content or links to Adult Content are not permitted on Carolina Solutions
servers.
Spam
SPAM in any shape or form is NOT permitted and is grounds for immediate account
termination. Mailing lists via a mailing list manager are acceptable as long
as the list are OPT-IN list that people have signed up for. Spam complaints
from other users will not be tolerated.
IRC and Chat Rooms
Internet Relay Chat (IRC) traffic is not permitted on our servers in any of
its many forms including, but not limited to: bots and IRC servers. Chat rooms
may be allowed on per use basis, so please ask one of our support staff before
setting one up. (Some cgi/perl based chat rooms over utilize the server processor.)
Web Site Hosting And Email
We make no representation and give no warranty as to the accuracy or quality
of information received by any person via the Server and we shall have no liability
for any loss or damage to any data stored on the Server.You shall effect and
maintain adequate insurance coverage in respect of any loss or damage to data
stored on the Server. You represent, undertake and warrant to us that you will
use the Web Site allocated to you only for lawful purposes. In particular, you
represent, warrant and undertake to us that you will not use the Server in any
manner which infringes any law or regulation or which infringes the rights of
any third party, nor will you authorize or permit any other person to do so.
You shall not post, link to or transmit: (a) Any material, which is unlawful,
threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous,
profane or otherwise objectionable in any way. (b) Any material containing a
virus or other hostile computer program. (c) Any material which constitutes,
or encourages the commission of, a criminal offence or which infringes any patent,
trade mark, design right, copyright or any other intellectual property right
or similar rights of any person which may subsist under the laws of any jurisdiction.
You shall keep secure any identification, password and other confidential information
relating to your account and shall notify us immediately of any known or suspected
unauthorized use of your account or breach of security, including loss, theft
or unauthorized disclosure of your password or other security information. You
shall observe the procedures, which we may from time to time prescribe and shall
make no use of the Server, which is detrimental to our other customers. You
shall procure that all mail is sent in accordance with applicable legislation
(including data protection legislation) and a secure manner. In the case of
an individual User, you warrant that you are at least 18 years of age and if
the User is a company, you warrant that the Services will not be used by anyone
under the age of 18 years. Any access to other networks connected to Carolina
Solutions must comply with the rules appropriate for those other networks. While
we will use every reasonable endeavor to ensure the integrity and security of
the Server, we do not guarantee that the Server will be free from unauthorized
users or hackers and we shall be under no liability for non-receipt or misrouting
of email or for any other failure of email.
Intellectual Property Rights
you shall obtain any and all necessary consents and clearances to enable you
lawfully to make use of all and any intellectual property rights through the
Services, including without limitation, clearance and/or consents in respect
of your proposed domain name.
Service Availability
We shall use our reasonable endeavors to make available to you at all times
the Server and the Services but we shall not, in any event, be liable for interruptions
of Service or down-time of the Server. We shall have the right to suspend the
Services at any time and for any reason without notice, but if such suspension
lasts or is to last for more than 30 days you will be notified of the reason.
The Services provided to you hereunder and your account with us cannot be transferred
or used by anyone other than you. No more than one login session under any one
account may be used at any time by you. User programs may be run only during
login sessions. If your account is found to have been transferred to another
party, or shows other activity in breach of this sub clause, we shall have the
right to cancel the account and terminate the Services and/or this Agreement
immediately.
Termination Without in any way limiting our (Carolina Solutions) rights.
If a site violates these terms in any way, shape, or form, the site will be
deleted from our network. If 2 violations occur within a 90 day period the site
will be blocked from our network. Our warning schedule is below. First Warning:
When you (or your clients) upload illegal content you (or your clients) are
knowingly violating the terms of service. Therefore there is no need for a first
warning. When you upload illegal files which violate these terms you know what
you are doing is against our policies.Second Warning: There is no second warning,
the domain is deleted. You may recreate the domain, however if illegal content
is found on this domain again the domain will be blocked from our servers.Questionable
Situations: If we find content that is questionable and may or may not violate
the terms of service we will contact you. An example of a situation like this
is a band hosting their own music on our servers. However, you can avoid this
step if you notify us. If you are a band or if you are planning to upload a
large amount of files that are questionable please notify us before you upload
so we are aware of the situation. This will keep everyone happy.If you fail
to pay any sums due to us as they fall due, we may suspend the Services and/or
terminate this Agreement forthwith without notice to you. If you break any of
these terms and conditions, we may terminate this Agreement forthwith upon written
notice. If you are a company and you go into insolvent liquidation or suffer
the appointment of an administrator or administrative receiver or enter into
a voluntary arrangement with your creditors, we shall be entitled to terminate
this Agreement forthwith without notice to you. On termination of this Agreement
or suspension of the Services we shall be entitled immediately to block your
Web Site and to remove all data located on it. We shall be entitled to delete
all such data but we may, at our discretion, hold such data for such period
as we may decide to allow you to collect it at your expense, subject to payment
in full of any amounts withstanding and payable to us. We shall further be entitled
to post such notice in respect of the non-availability of your Web Site as we
think fit. Accounts may be cancelled by the user with a 7 day notice. Carolina
Solutions reserves the right to cancel any account with or without notice..
Legal
Carolina Solutions expects that its subscribers who provide Internet services
to others will comply fully with all applicable laws concerning the privacy
of on-line communications. A subscriber's failure to comply with those laws
will violate Carolina Solutions policy. Finally, Carolina Solutions wishes to
emphasize that in signing the service agreement, subscribers indemnify Carolina
Solutions for any violation of the service agreement, law, or Carolina Solutions
policy, that results in loss to Carolina Solutions or the bringing of any claim
against Carolina Solutions by any third-party. This means that if Carolina Solutions
is sued because of a subscriber's or customer of a subscriber's activity, the
subscriber will pay any damages awarded against Carolina Solutions, plus costs
and reasonable attorneys' fees.
Limitation Of Liability
All conditions, terms, representations and warranties relating to the Services
supplied under this Agreement, whether imposed by statute or operation of law
or otherwise, that are not expressly stated in these terms and conditions including,
without limitation, the implied warranty of satisfactory quality and fitness
for a particular purpose are hereby excluded. Our total aggregate liability
to you for any claim in contract, tort, negligence or otherwise arising out
of or in connection with the provision of the Services shall be limited to the
charges paid by you in respect of the Services, which are the subject of any
such claim. In any event no claim shall be brought unless you have notified
us of the claim within 6 months of it arising. In no event shall we ever be
liable to you for any loss of business, contracts, profits or anticipated savings
or for any other indirect or consequential or economic loss whatsoever.
Notices
Any notice to be given by either party to the other may be sent by either email,
fax or recorded delivery to the address of the other party as appearing in this
Agreement or ancillary application forms or such other address as such party
may from time to time have communicated to the other in writing, and if sent
by email shall unless the contrary is proved be deemed to be received on the
day it was sent or if sent by fax shall be deemed to be served on receipt of
an error free transmission report, or if sent by recorded delivery shall be
deemed to be served two days following the date of posting.
Payment
All payments must be in US Dollars. If your check is returned by the bank as
unpaid for any reason, you will be liable for a "returned check" charge
of $30.00. All charges payable by you for the Services shall be in accordance
with the scale of charges and rates published from time to time by us on our
web site and shall be due and payable in advance of our service provision. Without
prejudice to our other rights and remedies under this Agreement, if any sum
payable is not paid on or before the due date, we shall be entitled forthwith
to suspend the provision of Services to you. Your Billing is based on the date
that you signed up with us. (ex. If you joined us on June 25th, 2000 Your Credit
Card will be charge on the 25th of every month)
Headings
Headings are included in this Agreement for convenience only and shall not affect
the construction or interpretation of this Agreement.
Entire Agreement
These terms and conditions together with any documents expressly referred to
in them, contain the entire Agreement between us relating to the subject matter
covered and supersede any previous Agreements, arrangements, undertakings or
proposals, written or oral: between us in relation to such matters. No oral
explanation or oral information given by any party shall alter the interpretation
of these terms and conditions. In agreeing to these terms and conditions, you
have not relied on any representation other than those expressly stated in these
terms and conditions and you agree that you shall have no remedy in respect
of any misrepresentation, which has not been made expressly in this Agreement.
Misuse Of Resources Including but not limited to employing applications which
consume excessive CPU time. Chat/IRC, web proxy and mailing list scripts are
not allowed on our network under any circumstances. Streaming media can be a
drain on web server resources and as such is not allowed. CGI based message
forums which use flat file databases are often found to use excessive system
resources, to avoid disappointment please use a PHP/ASP message forum. If you
are unsure about content you intend to place on our network, please check with
us before you do. We reserve the right to determine what constitutes acceptable
use. We may amend these terms of service with or without notice.
We do reserve the right to edit the terms of service at any time with or without notice. If you have any questions please e-mail us at tos@carolinasolutions.net