Service Contract
pair Networks
is a Web Presence Provider. User accounts on our
Internet servers are subject to compliance with the terms and conditions
set forth below. Under the terms of this agreement, your placement of
information on
pair Networks's
servers is an acknowledgement that you have read and
understood this agreement, and that you agree to be bound by the terms
and conditions below. If you do not wish to be bound by these terms and
conditions, you should not proceed to place any information of any kind
on
pair Networks's
servers.
1. USER CONDUCT
pair Networks's
services may only be used for lawful purposes.
Any use of these services which violates any local, state, federal, or
international laws which may apply to pair Networks,
your local jurisdiction, or any
jurisdiction that you or your site may be subject to is strictly
prohibited.
While using the service, you may not:
- Restrict or inhibit any other user from using and enjoying the
Internet;
- Post or transmit any unlawful, threatening, abusive, libelous,
defamatory, obscene, offensive, indecent, pornographic, profane, or
otherwise objectionable information of any kind, including without
limitation any transmissions constituting or encouraging conduct that
would constitute a criminal offense, give rise to civil liability, or
otherwise violate any local, state, federal or international law,
including without limitation the U.S. export control laws and regulations,
and laws protecting intellectual property including copyright, trademark,
trade secret, misappropriation and anti-dilution laws;
- Post, publish, transmit, reproduce or distribute any information
or software which contains a virus or other harmful component;
- Post, publish, transmit, reproduce, distribute or in any way exploit
any information, software, or other material obtained through the service
for commercial purposes (other than as expressly permitted by the provider
of such information, software, or other material);
2. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless pair Networks
from any and all liability, penalties, losses, damages, costs, expenses,
attorneys' fees, causes of action or claims caused by or resulting
indirectly from your use of the service which damages either you,
pair Networks,
or any other party or parties without limitation or exception. This
indemnification and hold harmless agreement extends to all issues
associated with your account, including but not limited to domain name
selection and Web site content.
3. REFUSAL OR DISCONTINUANCE OF SERVICE
pair Networks
reserves the right to refuse or
discontinue service to anyone at
pair Networks's
sole discretion.
pair Networks
may deny you access to all or
part of the service
without notice if you engage in any conduct or activities
that pair Networks
in its
sole discretion believes violates any of the terms and conditions in this
agreement. pair Networks
shall have no responsibility
to notify any third-party
providers of services, merchandise, or information, nor any responsibility
for any consequences resulting from such discontinuance or lack of
notification. You agree that pair Networks
has the right to monitor the service
electronically from time to time and to disclose any information as
necessary to satisfy the law, or to protect itself or its
subscribers. pair Networks
reserves the right to refuse to post or to remove any information or
materials, in whole or in part, that, in its sole discretion, are
unacceptable, undesirable, or in violation of this agreement.
4. NO WARRANTIES
pair Networks
makes no warranties or
representations of any kind for the services
being offered. The service is provided on an "as is" and
"as available" basis without warranties of any kind, either
express or implied, including but not limited to warranties of title,
noninfringement, or implied warranties of merchantability or fitness for a
particular purpose.
No advice or information given by pair Networks
or its agents or
employees shall create a warranty.
pair Networks
provides no warranty that the
service will be uninterrupted or error free or that any information,
software or other material accessible on the service is free from viruses
or other harmful components.
Under no circumstances shall pair Networks
be liable for
any direct, indirect, special, punitive, or consequential damages that
result in any way from your use of or inability to use the service, or for
third parties' use of the service to access your Web space, or to access
the Internet or any part thereof, or your or any third parties' reliance on
or use of information, services, or merchandise provided on or through the
service, or that result from mistakes, omissions, interruptions, deletion
of files, errors, defects, delays in operation or transmission, or any
failure of performance. If you are dissatisfied with
pair Networks
service or any of
its terms, conditions, rules, policies, guidelines, or practices, your sole
and exclusive remedy is to discontinue using the service.
You understand that by placing information on
pair Networks's
servers that such
information becomes available to all Internet users and that
pair Networks
has no way
of limiting or restricting access to such information or protecting such
information from copyright infringement. You assume total responsibility
and risk for your use of
pair Networks's
servers and the Internet. It is solely your
responsibility to evaluate the accuracy, completeness, and usefulness of
all opinions, advice, services and other information, and the quality and
merchantability of all merchandise provided through
pair Networks
or on the Internet generally.
5. ECPA NOTICE
pair Networks
reserves the right to monitor any and all
communications through or with our facilities.
You agree that pair Networks
is not considered a "secure communications medium" for the purposes
of the ECPA, and that no expectation of privacy is afforded.
6. IDENTIFICATION INFORMATION
You agree that you as the person legally responsible for use of this
account, are at least 18 years of age.
You agree to supply pair Networks
with a
current and truthful name, postal address and telephone number for our
records, and you have a continued obligation to keep this information
current. You also agree that you are an authorized user of any credit card
that you supply to us and agree that we have an obligation to fully
investigate any possible fraudulent credit card use.
7. NO INTERFERENCE WITH OPERATION OF SYSTEM
You agree not to maliciously or intentionally interfere with the proper
operation of the system, including but not limited to defeating
identification procedures, obtaining access beyond that which you are
authorized for, and impairing the availability, reliability, or quality of
service for other customers. You further agree not to interfere with the
proper operation of other systems reachable through the Internet, including
any attempt at unauthorized access. You agree to follow the Acceptable Use
Policy of any network or service you connect to.
You agree to adhere to system policies as published online by
pair Networks,
including
restrictions on services available with each account type, restrictions on
certain features, and all other policies designed to protect and enhance
the quality and reliability of service at pair Networks.
You agree to abide by any
and all future pair Networks
policy decisions.
8. SECURITY
You agree that the security of your account is solely your own
responsibility. You further agree that if you believe the security of your
account has been compromised in any way, you will notify
pair Networks
immediately
in writing by registered mail, with return receipt,
to pair Networks,
2403 Sidney Street Suite 510,
Pittsburgh, Pennsylvania 15203. You
shall be held fully responsible for any misuse or compromise to your
account for which pair Networks
is not properly notified.
You agree not to provide or share access to your account to any third party,
and that you are responsible for any use of your account by any party to
whom such access has been provided. You agree that certain features of
your account (e.g., FrontPage webs, additional FTP logins)
which may be used to provide shared access to your account
are not to be used to resell services to third parties, and that you are
responsible for the actions of any party which utilizes those features.
You agree that if any
security violations are believed to have occurred in association with your
account, pair Networks
has the right to suspend access to the
account pending an
investigation and resolution. You also agree that pair Networks
has the right to
cooperate in any government or legal investigation regarding any aspect of
our services, including services sold to you. Any use of our system to
engage in software piracy or other violations of law will result in account
suspension and will be immediately reported to the appropriate authorities.
9. BACKUP OF DATA
Your use of the service is at your sole risk.
pair Networks
is not responsible for
files and data residing on your account. You agree to take full
responsibility for files and data transferred and to maintain all
appropriate backup of files and data stored on
pair Networks
servers.
10. TRANSMITTAL OF MATERIALS
You agree not to transmit unsolicited or prohibited advertising or other
harassing or illegal materials through electronic mail, Usenet postings,
or other Internet media. The use of pair Networks
or any other
service with
reference to services obtained through pair Networks,
for unsolicited mass mailings,
postings, or other activities considered an annoyance to others, commonly
referred to as "spamming" is strictly prohibited and may cause
your services to be terminated immediately and without warning and you will
be held fully responsible for any damages to you, pair Networks,
or any other party or parties resulting from any such conduct.
11. PAYMENT
You agree to supply appropriate payment for the services received from
pair Networks,
in advance of the time period during which such services are provided.
You agree that all setup fees are non-refundable once setup is completed.
You agree that until and unless you notify pair Networks
of your
desire to cancel any or all services received, those services will be billed
on a recurring basis.
You agree that if you are paying by credit card, prepayments will be billed
and charged automatically, and that pair Networks
may apply the
amount due to
the provided card at any time. pair Networks
agrees that
pro-rated refunds for unused
time periods will be provided upon request, in the event of account
termination.
12. PRIOR AGREEMENTS
This agreement supersedes any written, electronic, or oral communication
you may have had with pair Networks
or any agent or
representative thereof, and
constitutes the complete and total agreement between the parties.
13. SEVERABILITY
If any provision of this agreement is determined to be invalid or
unenforceable, all other provisions shall remain in full force and effect
and said provision shall be reformed only to the extent necessary to make
it enforceable.
14. APPLICABLE LAW, JURISDICTION, AND SERVICE
This agreement shall be governed by the applicable laws of the Commonwealth
of Pennsylvania, USA ("Pennsylvania") and the United States of
America. Customer agrees that all services provided by pair Networks
shall be deemed
to have been requested and provided in Allegheny County, Pennsylvania.
Customer further agrees that the Court of Common Pleas of Allegheny County,
Pennsylvania, shall have personal jurisdiction over Customer and exclusive
subject matter jurisdiction over any and all controversies or claims arising
from or relating to this agreement or the services provided by
pair Networks.
Customer agrees to accept service of process related to this agreement by
ordinary mail, postage prepaid, to the most recent address provided by
Customer.
15. ACKNOWLEDGEMENT
By placing and continuing to maintain or place information on
pair Networks's
servers you
are stating and acknowledging that you have read the aforementioned terms
and conditions and that you understand such terms and conditions and agree
to be bound by them.
