AUP / TOS
Acceptable Use Policy
This Agreement ("Agreement") is entered into by and between and any individual, corporation, association, agency, company, or other entity who accesses or uses the CompuNet Communications, Inc. Online Site(s), and sets forth the terms and conditions of your use of CompuNet Communications, Inc. for web hosting services.
You certify that you are at least 18 years of age. To become a CompuNet Communications, Inc. accountholder, you must read and agree to be bound by all terms and conditions of this Agreement and any policies that are or may be published by CompuNet Communications, Inc.. CompuNet Communications, Inc. reserves the right to deny service to anyone. CompuNet Communications, Inc. may modify the terms and conditions of this Agreement or the prices of its services, as well as discontinue or change the services offered. You will be bound by the modified Agreement, prices and/or policies if you continue to use the services. Customers that have paid in advance for services will not be affected by any price changes until their term is up.
1. Scope of Services and Your Obligations
1.1. This Agreement defines the terms and conditions of CompuNet Communications, Inc.'s services as offered by CompuNet Communications, Inc. and used by you, including the provision of web hosting services on CompuNet Communications, Inc.'s dedicated servers and connectivity to the Internet (the "Services"). CompuNet Communications, Inc. will provide the Services for the amount of server storage space / resources selected in exchange for payment of fees and full compliance with the terms and conditions of this Agreement. In performing the Services, CompuNet Communications, Inc. maintains control and ownership of any and all Internet protocol ("IP") numbers and addresses that may be assigned to you and reserves the right to change or remove any and all IP numbers and addresses at its sole discretion.
1.2. You are responsible for producing, electronically uploading and maintaining HTML files, execution scripts, applets and applications (the "Upload Materials") to your website, and you hereby warrant that all Upload Materials shall be owned or properly licensed by you and shall not adversely impact the Services or violate any rights of any third parties. You are responsible for ensuring that all Upload Materials will function properly and as intended. You are responsible for all activity originating from your website. You assume responsibility for all material on your website that may be put on by a third party (such as the usage of Free For All links pages or hackers). You acknowledge that you have the necessary knowledge to create, modify and maintain your website. CompuNet Communications, Inc. assumes no responsibility to provide you with such knowledge. CompuNet Communications, Inc. is unable to review, modify or analyze your code/files/data. If you wish CompuNet Communications, Inc. to analyze any of your code/files/data then CompuNet Communications, Inc. may charge you at the current development/consulting rate.
1.3. In connection with the Services, CompuNet Communications, Inc. may provide for your use certain tools and software, including, but not limited to, certain specialty scripting software and/or certain programming language software for designing websites (collectively known as the "Tools"). These Tools are copyrighted and proprietary property owned by CompuNet Communications, Inc.. To the extent that such Tools are provided to you, you are granted a nonexclusive, nontransferable license to use the Tools in object-code form only for your internal use, solely in connection with the Services provided under this Agreement.
1.4. During the period that CompuNet Communications, Inc. provides the Services to you, you hereby grant to CompuNet Communications, Inc. a nonexclusive, royalty-free, worldwide right and license to digitally display and host your website and its content, and to use its trademarks, service marks, trade names, logos and other commercial or product/service designations in connection with the website and such Services.
1.5. For server restoration purposes only, CompuNet Communications, Inc. makes back-ups of websites on a regular basis; however, CompuNet Communications, Inc. makes no guarantees of any kind, either expressed or implied, as to the integrity of these back-ups. It is completely YOUR responsiblity to maintain local copies of your website / data. If loss of data occurs due to an error of CompuNet Communications, Inc., CompuNet Communications, Inc. will attempt to recover the data at no charge. In the event a site restoration is required that is the customers fault, CompuNet Communications, Inc. will attempt to recover the data from the most recent archive for a $35 fee. If, for any reason, CompuNet Communications, Inc. is unable to recover your website / data then you will need to restore from your local copy / back-up.
1.6. CompuNet Communications, Inc. reserves the right to monitor its systems electronically and to access and disclose any information as permitted or required by any law, regulation or other governmental request to operate its systems properly, to protect itself or its accountholders or for any other reason it in good faith deems necessary. CompuNet Communications, Inc. will fully cooperate with law enforcement authorities in investigating suspected lawbreakers and reserves the right to report to law enforcement any suspected illegal activity it becomes aware of. It is not CompuNet Communications, Inc.'s intention that its Services or facilities be used in contravention of the Communications Decency Act of 1996 (the "CDA") or any other applicable law.
1.7. You agree to comply with the requirements of the CDA and the Digital Millennium Copyright Act (the "DMCA") and acknowledge that CompuNet Communications, Inc. is a "service provider" under the DMCA and is therefore immune from liability under the DMCA, including 17 U.S.C. § 512. Consistent with the DMCA, CompuNet Communications, Inc. will accommodate standard technical measures used to identify and protect copyrighted works, and, as further described herein, CompuNet Communications, Inc. has a policy of terminating accountholders who are repeat copyright infringers.
1.8. Websites are unmodified forums containing the personal opinions and other expressions of the persons who post entries on a wide range of topics. Neither the content of websites located on CompuNet Communications, Inc.'s servers nor the links to other websites are screened, approved, reviewed or endorsed by CompuNet Communications, Inc.. CompuNet Communications, Inc. is not a publisher of any of the content of websites, or of any content that may be available through the links to and from them, and is acting solely as an Internet web-hosting service provider. The text and other material on such websites are the opinion of the specific author and are not CompuNet Communications, Inc.'s statements of advice, opinion or information.
1.9 CompuNet Communications, Inc. provides Traffic Reports and log files on some packages. CompuNet Communications, Inc. does not guarantee the availability of these services. CompuNet Communications, Inc. may at times remove server log files on the server without notice to free space on the server. CompuNet Communications, Inc. does not guarantee log file availability. CompuNet Communications, Inc. does not guarantee Traffic Report Data.
1.10 CompuNet Communications, Inc. does not provide development support or internal database support with any of its packages. If CompuNet Communications, Inc. is asked by customer to review code or review database/table/field structure by customer, then customer will be required to pay the current labor rate for such service.
1.11 CompuNet Communications, Inc. charges over bandwidth and over disk quota charges for accounts that go over their allocated package amount. Over bandwidth charges are billed at the 1st of every month at the rate of $3.00 per GB rounded up to the nearest GB. Over disk space charges are billed on the 1st of every month at the rate of $3.00 per GB rounded up to the nearest GB. Packages may be increased before overage charges take effect. Contact support for details.
2. Limited Warranty; Limitation of Liability; Indemnification
2.1. Limited Warranty. You acknowledge that the Services are provided "as is." Neither CompuNet Communications, Inc., nor any of its employees or agents, warrants that the Services will be uninterrupted, error free or free from viruses or other harmful components. CompuNet Communications, Inc. is not responsible for and hereby disclaims any warranties, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or completeness, noninfringement, merchantability or fitness for a particular purpose of information available on its SERVERS or residing on or passing through its interconnecting networks. Use of information obtained from or through the Services is at your risk. Under no circumstances will CompuNet Communications, Inc. be liable to you or any other person for any loss or damage caused by your reliance on information available on its servers or obtained through the Services.
2.2. Limitation of Liability. IN NO EVENT SHALL COMPUNET COMMUNICATIONS, INC. BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS, EMAIL DATA AND OR DATABASE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE COMPUNET COMMUNICATIONS, INC.'S SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF COMPUNET COMMUNICATIONS, INC.'S SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF COMPUNET COMMUNICATIONS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMPUNET COMMUNICATIONS, INC.'S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO COMPUNET COMMUNICATIONS, INC. FOR THE SERVICES DURING THE PRIOR TWO (2) MONTHS. TO THE EXTENT APPLICABLE STATE LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, COMPUNET COMMUNICATIONS, INC.'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
2.3. Indemnification. You agree to indemnify, defend and hold CompuNet Communications, Inc. and its affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, dispute or demand related to your use of the Services, your violation of any of the provisions of this Agreement or from your placement or transmission of any materials or content onto CompuNet Communications, Inc.'s servers. Such liabilities may include, but are not limited to, those arising from the following:
(a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy;
(b) any damage or destruction to CompuNet Communications, Inc.'s equipment or to any other accountholder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees;
(c) any personal injury or property damage arising out of your activities related to the Services, unless such injury or property damage is caused solely by CompuNet Communications, Inc.'s gross negligence or willful misconduct; and
(d) any other damage arising from your equipment or your business.
3. Payment of Fees
3.1. CompuNet Communications, Inc. will publish a notice of fee increases 30 days before such increases take effect via e-mail. A listing of current monthly, quarterly, semi-annual and annual fees (each, a "Payment Interval") can be found on our website at: http://www.compunetcentral.com.
3.2. You agree to provide CompuNet Communications, Inc. with accurate and complete billing information, including your legal name, address, telephone number, e-mail address and applicable payment date and to update this information immediately if any change occurs. Payments must be submitted in advance of receiving the Services.
3.3. You acknowledge that CompuNet Communications, Inc. may bill your credit card prior to the Payment Interval you have chosen. You authorize automatic billing by CompuNet Communications, Inc. on an on-going basis during the term of this Agreement.
3.4. CompuNet Communications, Inc. will charge a $25 service charge per credit card chargeback transaction and a $35 service charge per returned check.
3.5. Delinquent accounts are those that remain unpaid at the beginning of the next Payment Interval. The Services will be suspended if your account is delinquent. Notwithstanding any other rights CompuNet Communications, Inc. may have in this Agreement, all of your website contents will be destroyed if your account is delinquent for 30 days. CompuNet Communications, Inc. accounts continue to accrue charges while they are delinquent or if the Services are suspended.
3.6. In the event you are unable to may a payment on-time, you must contact CompuNet Communications, Inc. either via email or support ticket prior to your billing date with the reason for the late payment and the date the payment will be made. Failure to do this will result in your account being delinquent.
3.7. A late fee of $5 or 10% (whichever is greater) will be assessed on invoices not paid in full within 10 days of their due date. 10% on the total balance per month will continue to be assessed until the balance is paid in full.
3.8. You acknowledge responsibility for your account until payment in full is made.
4. Acceptable Uses
4.1. Use and Misuse of the Services. All complaints of abuse, violation and misuse of the Services, whether described in this Section 4 or otherwise, shall be investigated promptly. If you are not sure if your actions will be an abuse, violation or misuse, please ask first: email@example.com.
You are responsible for all use of your website, with or without your knowledge or consent. You agree to use the Services only for lawful purposes, in compliance with all applicable laws. llegality includes, but is not limited to, drug dealing; attempting without authorization to access a computer system; pirating (distributing copyrighted material in violation of copyright law, specifically MP3s, MPEGs, ROMs, and ROM emulators); gambling; schemes to defraud; trafficking in obscene material; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person; threatening bodily harm or damage to individuals or groups; violating U.S. export restrictions; stalking; or violating other state or federal law, such as the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, or the Economic Espionage Act. Linking to illegal material is also prohibited.
When CompuNet Communications, Inc. becomes aware of possible violations of this Agreement, CompuNet Communications, Inc. may initiate an investigation that may include gathering information from you and the complaining party, if any, and examination of material on CompuNet Communications, Inc.'s servers.
It is against CompuNet's policy for any individual to swear at or make degrading comments or threats to CompuNet's employees. If an individual deliberately directs any bodily or legal threats, inappropriate or obscene expletive towards CompuNet Communications, Inc. and/ or its employees, will constitute immediate termination of all service without refund.
CompuNet Communications, Inc., in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of this Agreement could subject you to criminal or civil liability.
BY ACCEPTING THIS AGREEMENT, YOU AGREE TO WAIVE AND HOLD COMPUNET COMMUNICATIONS, INC. HARMLESS FROM ANY CLAIMS RELATING TO ANY ACTION TAKEN BY COMPUNET COMMUNICATIONS, INC. AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES WHATSOEVER FROM COMPUNET COMMUNICATIONS, INC. AS A RESULT OF COMPUNET COMMUNICATIONS, INC.'S DECISION TO REMOVE MATERIAL FROM ITS SERVERS, WARN YOU, SUSPEND OR TERMINATE YOUR ACCOUNT, OR TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF COMPUNET COMMUNICATIONS, INC.'S CONCLUSION THAT A VIOLATION HAS OCCURRED. THIS WAIVER APPLIES TO ALL VIOLATIONS DESCRIBED IN THIS AGREEMENT.
4.2. Use and Misuse of Materials. Materials in the public domain (e.g., images, text, and programs) may be downloaded or uploaded using the Services. You may also re-distribute materials in the public domain. You assume all risks regarding the determination of whether the material is in the public domain.
You are prohibited from storing, distributing or transmitting any unlawful material through the Services. Examples of unlawful material include, but are not limited to, threats of physical harm, child pornography, and copyrighted, trademarked and other proprietary material used without proper authorization. You may not post, upload or otherwise distribute copyrighted material on CompuNet Communications, Inc.'s servers without the consent of the copyright holder.
Unacceptable uses of website content also include the presence of the following programs or the activities associated with them, regardless of whether or not any actual intrusion results in the corruption or loss of data: server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network; attempts to circumvent any user authentication or security of host, network, or account; accessing data not intended for user; probing the security of any network; spawning dozens of processes; port scans, ping floods, packet spoofing, and forging router information; denial of service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land and teardrop; promulgation of viruses; and IRC bots, such as eggdrop or BitchX.
CompuNet Communications, Inc. supports free speech on the Internet and will not suspend or cancel your account simply because it disagrees with your views expressed at your website. However, examples of unacceptable activities include posting private information about a person without his or her consent, defaming a person or business, and knowingly making available code that will have a deleterious effect on third-party computers. Where there are allegations that your on-line activity has violated the legal rights of a third party, CompuNet Communications, Inc. will not substitute itself for a court of law in deciding tort claims raised by the third party.
4.3. Email Use. Unacceptable affronts to netiquette and unacceptable activities include, but are not limited to, the following: spamming (sending unsolicited advertising to those with which you have no existing business relationship and posting off-topic advertising in newsgroups); spoofing (using a return email address that is not the valid reply address of the sender or sending an email message that does not contain enough information to enable the recipient to identify you); passive spamming (promoting a website hosted by CompuNet Communications, Inc. by spamming from some other source); trolling (posting controversial messages in newsgroups to generate responses); mailbombing (inundating a user with email without any serious intent to correspond or sending large or multiple files to a user); generating a higher volume of outgoing mail than a normal user (over 10% of available system resources); propagating chain letters; and subscribing someone else to an electronic mailing list without that person's permission. A message is considered unsolicited if it is posted in violation of a newsgroup charter or sent to a recipient who has not requested the message. Making an email address available to the public does not constitute a request to receive messages. Distribution of mass emailing programs is also prohibited. All recipients on a mailing list must have personally subscribed. Mailing lists may not be used to distribute unsolicited email. If you are repeatedly mailbombed or attract such behavior, the Services will be terminated.
Further, the user acknowkeges that CompuNet Communications, Inc. reserves the right to collect a recovery fee of $50 per individual message sent, up to a maximum of USD $25,000 daily, plus legal costs.
You should not send email to any user who does not wish to receive it, either at CompuNet Communications, Inc. or elsewhere. CompuNet Communications, Inc. recognizes that email is an informal medium; however, you must refrain from sending further email to a user after receiving a request to stop.
You may not alter the headers of email messages to disguise their identity or to prevent users from responding to the messages. CompuNet Communications, Inc. may disclose the usernames of accounts responsible for forged email messages to system administrators or users requesting the information.
You may not use CompuNet Communications, Inc. e-mail servers/systems for e-mail membership services such as allowing anyone to signup for an e-mail account with your domain name that wishes. Your e-mail server/services are intended to be used for you, departments and employees within your organization/company. If you need e-mail membership services CompuNet Communications, Inc. can recommend a few companies that offer this service.
Violations of the CompuNet Communications, Inc. policies outlined herein can sometimes result in massive numbers of email responses. If you receive so much email that CompuNet Communications, Inc. resources are affected, CompuNet Communications, Inc. staff may shut down your mailbox.
You may not use CompuNet Communications, Inc. mail services, servers or components to send out mail from other sites or services that are not hosted with CompuNet Communications, Inc.. You may not use CompuNet Communications, Inc. mail services, servers or components to send out mail advertisements for other sites not pertaining to the website you are hosting with CompuNet Communications, Inc..
You may not use CompuNet Communications, Inc. mail servers for bulk e-mailing unless arrangements have been made prior to each mail submission. CompuNet Communications, Inc. staff may shut down your mailbox /site without warning if this occurs.
You may not use CompuNet Communications, Inc. shared mail servers as an email storage facility. By storing your email on CompuNet Communications, Inc. servers you do so at your own risk. CompuNet Communications, Inc. suggests you download all mail content off of CompuNet Communications, Inc. shared mail servers at the time of retrieval. As per section 1.5 CompuNet Communications, Inc. is not responsible for loss mail data under any circumstances.
You may not use CompuNet's shared mail servers for a domain not hosted with CompuNet for email only unless the domain is the main domain of any plan, otherwise the domain that email service is being supplied to must be pointed to CompuNet's network.
List Server Lists are permitted on certain packages. Large lists of more than 1500 members are not permitted without first consulting CompuNet Communications, Inc. for approval. Use of this service is AS IS. CompuNet Communications, Inc. does not provide support on the List Server service. CompuNet Communications, Inc. will provide you with the URL of the List Server provider to review help and knowledge base articles to guide you with this service.
4.4. System Security. You are prohibited from utilizing the Services to compromise the security of system resources or accounts on servers at CompuNet Communications, Inc. or at any other site. Use or distribution of tools designed for compromising security or containing viruses or trojans are prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
If you are involved in violations of system security, CompuNet Communications, Inc. reserves the right to release all usernames of users involved in such violations to system administrators at other sites in order to assist them in resolving security incidents. CompuNet Communications, Inc. will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers.
4.5. Compromised Accounts. Security of your account is the account holders responsibility. In the event any part of your website becomes hacked / compromised, which includes but is not limited to, cpanel login, ftp, email, scripts, etc. our sole recourse is to terminate and recreate the account as a new account, without data restoration. In this case, backups cannot be provided by us and are your sole responsibility. However, none of the compromised data (outdated scripts, old passwords, etc.) may be reused. Repeated compromises will be treated as abuse
4.6. System Resources. System abuse includes any use of CompuNet Communications, Inc. resources that disrupts the normal use of its servers or services for others. Examples of system abuse include running excessive numbers of processes or consuming excessive amounts of CPU time, memory or disk space. All accounts must refrain from averaging more then 10% of system resources.
4.7 MySQL / MSSQL / Database Server. MySQL / MSSQL Server Databases are provided on some packages on an As IS basis. All database management and data management must be done by customer thorough an interface provided by customer or through the web interface provided by CompuNet Communications, Inc.. Any additional services that are not available through customers interface or the CompuNet Communications, Inc. web interface may be done by CompuNet Communications, Inc. at the current hourly rate for these additional services. Any work, not limited to programming and repair, that is required of CompuNet Communications, Inc. on customer database(s), other than database creation, is subject to the current hourly rate for these services. You are prohibited from using CompuNet Communications, Inc.'s SQL / Data servers from remote servers. Using CompuNet Communications, Inc.'s sql servers from remote servers is a violation of CompuNet Communications, Inc.'s terms and conditions. One example of the violation is you have a website hosted at another location and you are using CompuNet Communications, Inc.'s sql servers for storing the data. Connections outside our Network is not permitted unless it is a program used to create and maintain your database like Enterprise Manger or comparable application.
5. CompuNet Communications, Inc.'s Right to Terminate Agreement
(a) CompuNet Communications, Inc. reserves the right to suspend or terminate the Services to you and remove or prevent access to any material from your website at any time, without prior notice or liability, for any conduct that CompuNet Communications, Inc., in its sole discretion, believes violates this Agreement or is otherwise harmful to CompuNet Communications, Inc.'s interests or the interests of other accountholders. (b) CompuNet Communications, Inc. also reserves the right to comply with the take-down provisions of the DMCA and to seek injunctive, declaratory, interpleader or other judicial or equitable relief (and, pending such action, to suspend all access to your website) if any third-party claim is made that your website content or use violates any of the acceptable uses or your obligations or representations described in this Agreement.
6. Cancellation of Accounts
6.1. You may cancel your CompuNet Communications, Inc. account by visiting (https://www.compunetcentral.com/support.htm). Charges for canceling accounts are not prorated on a monthly basis. No refunds are given on any accounts that are pre-paid in advance unless they are canceled within the first 30 days of when the account was established.
6.2. All CompuNet Communications, Inc. accounts must be paid in full before the cancellation will be considered complete.
6.3 When canceling an account, cancellations take effect immediately and do not continue for the amount of your term left on your account. CompuNet Communications, Inc. does not give refunds on the remaining term left on an account that was canceled after the charges have been billed. The Customer must inform CompuNet Communications, Inc. of cancellation prior to the new billing date. Any charges that incurred after the billing date and cancellation are non-refundable. It is customer's responsibility to make sure that CompuNet Communications, Inc. has accurate e-mail address / billing information on file for the invoices to reach you.
6.4. If your account is suspended or terminated for any reason permitted by this Agreement, CompuNet Communications, Inc. may, at its sole discretion, permanently delete your website contents from CompuNet Communications, Inc. servers, and CompuNet Communications, Inc. will not be able to reopen or restore such content. If your account has been canceled or suspended due to a violation of our Terms and Conditions and Acceptable use policy no refunds will be given on any pre-paid term.
6.5. All account cancellations must be done in writing by submitting a trouble ticket to our billing department at: http://www.compunetcentral.com/suppot or by mail
via our Reno, Nevada address. No other form of communication will be accepted.
6.6. In the event of a chargeback via credit card or a bounced check, appropriate chargeback fee's as determined on our website shall apply. The customer agree's to pay
all fees as well as any outstanding balance on accounts not properly cancelled as defined in 6.5. The customer also agrees to allow CompuNet Communications, Inc.
to provide all personal / company account information to a third party collection agency for the purposes of collecting any outstanding debt in the event of a
7. Arbitration; Governing Law
7.1. Except for CompuNet Communications, Inc.'s compliance with take-down provisions of the DMCA or injunctive or other equitable actions initiated by CompuNet Communications, Inc. pursuant to Section 5(b), if any controversy or dispute arises in connection with this Agreement, the Services or your use of CompuNet Communications, Inc.'s servers, such controversy or dispute shall first be presented for resolution by CompuNet Communications, Inc. and you. If no resolution is reached within 7 days thereafter, then such controversy or dispute shall be resolved by binding arbitration in Reno, Nevada, under the then-current rules of commercial arbitration of the American Arbitration Association. Each party shall select an arbitrator with expertise in computer law and the Internet, and these two arbitrators shall select the third arbitrator with such expertise. The validity, terms, performance and enforcement of this Agreement shall be governed and construed by its provisions and in accordance with the laws of the State of Nevada (without regard to conflicts of laws principles).
7.2 You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state and federal courts located in Reno, Nevada, for any action, suit or proceeding arising out of or relating to Section 5(b) of this Agreement and the arbitration contemplated by this Section 7.
9. Server Up-Time Guarantee
9.1. Any uptime guarantee's made, whether explicitly expressed or implied, shall be based on the total hours in a full calandar month or 30 days, whichever is greater. This guarantee is only to include unscheduled downtime. Any scheduled repairs that may incur downtime are exempt from this guarantee.
In the event of an unscheduled server outage that lasts longer than the permitted guaranteed limits, compensation is limited to a maximum credit of one months hosting service. This credit does not include additional services or purchases such as, but it not limited to: IP addresses, SSL certificates, additional monthly bandwidth or disk space.
9.2 Scheduled downtime, for server maintenance and upgrades, will be announced via our support desk calendar at: http://www.compunetcentral.com/support.htm before the event is to occur.
You may not assign your rights and obligations under this Agreement without the prior written consent of CompuNet Communications, Inc., which may be withheld at CompuNet Communications, Inc.'s discretion. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of CompuNet Communications, Inc. to require your performance of any provision hereof shall not affect the right to require such performance thereafter; nor shall the waiver by CompuNet Communications, Inc. of a breach of any provision hereof be taken or held to be a waiver of the provision itself. Any action for any claim arising under, or in connection with, this Agreement must be commenced by you within one year after the alleged cause of action has accrued or after the date of termination of this Agreement, whichever is earlier. In the event that any provision of this Agreement is deemed unenforceable or invalid, such unenforceability or invalidity shall not affect the remainder of this Agreement. Such provision may be amended or replaced with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of the parties as reflected in the original provision. No provision of this Agreement may be amended or modified by you except by means of a written document signed or expressly assented to by CompuNet Communications, Inc.. All terms and conditions of this Agreement that should by their nature survive termination of this Agreement shall so survive. This Agreement and the Online Order form, together with all amendments or modifications to any of them, constitute the complete and exclusive agreement between you and CompuNet Communications, Inc. and supersede and govern all prior proposals, agreements, or other communications.
Violations of these Acceptable Use Policy should be referred to: firstname.lastname@example.org
All complaints will be investigated promptly