Acceptable
Usage Policy
Please read and accept or decline by choosing the appropriate link below.
This Agreement (Dated June 15, 2000) stating terms of service is between all
Computer Consulting Centers' subscribers, (hereinafter referred to as Subscriber), and
Computer Consulting Centers, Inc., a Florida corporation (hereinafter referred to as
C3I) and collectively known as the parties. Whereas C3I has agreed to provide computing and networking services to the Subscriber and subscriber agrees to be bound by the terms and conditions as set forth herein. This page is a "live" document and may change at any time due to fluctuations in the Internet environment and changes in laws regarding the same.
C3I's goal is to provide the best possible service for both Client and Internet user. Unfortunately, we have to supply this document because there are people that continually try to beat the system, do things considered to be non-ethical, illegal, or otherwise considered demeaning or
harmful to others. C3I is committed to, and supports the free flow of, information and ideas over the Internet.
C3I is not
responsible for any misinformation or content and does not actively monitor or exercise editorial control
over the content of any web site, electronic mail transmission, or any material created or accessible through
C3I services. However, C3I reserves the right to remove any and all materials C3I becomes aware of that are, in C3I's sole discretion, potentially illegal or could subject
C3I or its clients to liability. Most, if not all our clients will fall into the category of legal / ethical users and to those clients we apologize for having to do this...
C3I Dial-up Agreement & Procedures
1- C3I agrees to allow subscriber to connect to C3I's network and transmit data over such network in accordance
with the terms of these subscription rules and the C3I Acceptable Use Policy as stated in item number seven (7) of this agreement.
2- Subscriber shall pay monthly service fees for connection and use of the network. The first such fees shall be due and payable within 5 work days of initial use of the service. Credit card payment accounts will be processed on the the first day (1st.) of each month after INITIAL payment is processed. Failure to comply with these terms may result in cancellation or suspension of account service. Account payments RECEIVED after the
fifth (5th) day of the month is considered late (subject to $5.00 late fee) and may be suspended. Any account suspended for non-payment will be subject to a $15.00 reconnect fee. Accounts late more than 1 time in a 3 month period may lose their preferred rate (if applicable) and may be required to pay multiple months in advance.
3- No information exchanged between the parties shall be considered confidential unless it is subject to a separate written non-disclosure and confidentiality agreement. All Authoring & Consulting Services performed by
C3I is considered Intellectual Property and property of C3I unless otherwise stated in writing.
4- This agreement will be effective upon continued use by both parties and may be terminated by either party with fifteen (15) days written notice. If the subscriber is provided initial service as the result of a phone order using a credit card, continued use of the account by Subscriber shall imply acceptance of this agreement.
5- Neither C3I nor its employees, agents, officers and/or its assignees are authorized to make any warranty with respect to the software, hardware, or any services provided to subscriber under this agreement.
C3I makes no warranties either express or implied, for any software, hardware, or services provided to the subscriber as to use or fitness for a particular purpose.
C3I shall not be liable for an direct, indirect, incidental, special or consequential damages of any kind what so ever arising out of or related to connection to
C3I's network. The Subscriber hereby acknowledges that there may possibly be network failures or downtime beyond the control of
C3I and agrees to hold C3I harmless for any network downtime or connections.
C3I shall make every effort to eliminate any network, software or hardware failures as well as downtime. Should any network services be unavailable,
C3I's sole liability for such failures, shall be a discretionary adjustment to the subscribers billing for such down time or service unavailability.
6- The subscriber hereby agrees to indemnify and hold harmless C3I, its employees, officers, directors and its agents from any and all damages, liabilities, losses, costs, and expenses, including reasonable attorneys fees, arising out of or related to subscribers use of the network as well as possible breach of the terms and conditions of this agreement by subscriber.
7- C3I Acceptable Use Policy is as follows:
(a) Should Subscriber or any of its agents transmit any data over C3I's network and that data leaves
C3I's network, the data transmitted shall conform to the Acceptable Use Policy of the entered network (including member networks, regional or backbone networks and servers).
(b) Any traffic which is disruptive to C3I's network users or the users of any entered network is prohibited. This includes, but is not limited to, unsolicited mass electronic mail, deliberate attempts to disrupt networks, transfers of copyrighted or unlicensed software, and attempts to violate system security. Any malicious hacking, whether intentional or accidental, shall be dealt with in the harshest possible manner by
C3I and the appropriate Law Enforcement Agencies.
(c) FREE Personal homepages must not contain any commercial material, advertising, pornography, copyrighted material not owned by Subscriber, or any other material that may be deemed unsuitable by
C3I. Space for personal homepages is limited to 5 megabytes and is provided on a space-available basis. Personal homepages are limited to 30 megabytes of data transfer per month. Data transfers over 30MB per month will be billed at $10.00 for additional 30MB blocks. Amounts over
100MB per month are considered business and will be billed as so. C3I is in no way responsible for lost data or backup of personal webspace files. You agree to not hold
C3I liable
for any interruption in service or access to your files. C3I shall in no way be liable for interruption losses,
lost profits, lost opportunities, or any other direct, indirect, or consequential damages you may suffer as a result of
any down time, interruption, lack of access, system failure, vandalism, or data loss by this system.
(d) C3I's "Unlimited USE" account does not constitute a dedicated connection. Under this plan Subscriber must be interactively and bilaterally using the connection to
C3I. Unlimited use for terms of this agreement is defined as 180 hours or less
per month.
(e) EXCEPTING DEDICATED SUBSCRIBERS, Subscriber must not use any artificial mechanism to stay on line and will be subject to the
15-minute inactivity timeout. Subscriber also agrees not to run any unattended data server, including but not limited to, Web servers and/or FTP servers, on such account. Use of Chat (or any other) software (or device) (while unattended) to keep line active is prohibited.
(f) C3I reserves the right to terminate this agreement immediately, without compensation and/or warning, if this Acceptable Use Policy is violated.
C3I will, however, attempt in good faith to warn or suspend Subscriber in lieu of termination, pending further action.
C3I retains the right to delete, without notice, any material
which C3I, in its sole discretion, deems in violation of
this section, or which is or may be offensive to C3I or other
users of this system. You agree that in the event C3I does delete
your material per the terms of this section, that your only recourse
against C3I is for a return of your unused subscription time,
if any, if and only if it is found that your material
was not in violation of the terms of this section. In no event
shall you have any claims against C3I for consequential damages
of any kind, including for lost business, emotional damages,
direct damages, loss of data or material, or any other damages
other than your unused subscription time. C3I
under no circumstances will refund partial months or prorate payments
received by parties not adhering to all policies and procedures stated in
this document.
8- This Agreement shall be governed by the laws of the state of Florida. Any litigation shall take place in Orange County.
9- This Agreement, including the Acceptable Use Policy, is the only agreement
between the parties regarding connection to and use of C3I's Internet networking
facilities. The Subscriber states that he / she or it's authorized agent has
read and understands the terms and conditions as stated herein. This agreement
supersedes all prior agreements, whether oral or written. This agreement may
only be changed in writing and upon execution by both parties to this agreement.
C3I Site Hosting Agreement & Procedures
-
Pricing. Prices are fixed at your purchase price at the
time of purchase for the term of your contract. Prices are subject to
change without notice.
-
Contract Renewal. Your contract will automatically renew on
a six (6) month (or other contracted time frame) basis at the published price when your contract expires,
until you terminate your account by
notification to billing@c3i.net. To remain in good standing (forwarding links), we must receive 30 days notice
and all payments must be current. Delinquent accounts will result in the loss of
the domain name as partial payment for services rendered.
-
Interruption Of Service. You agree to not hold C3I liable
for any interruption in service (including email) or access to your files. C3I
shall in no way be liable for business interruption losses,
lost profits, lost business opportunity, or any other direct,
indirect, or consequential damages you may suffer as a result of
any down time, interruption, lack of access, system failure, vandalism, or data loss by
this system.
-
Backup Copies Of Data. C3I may not have a current
backup of your files. Due to power interruptions, "down time"
and/or other factors beyond C3I's control or due to any computer
or software malfunction, your data may be lost by C3I. Therefore,
you are responsible for backing up your own files. C3I shall
not be responsible or liable for lost data.
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Misuse. You agree that no material placed by you on any
C3I Hosted Web Site will (i) violate any international, federal, state or
local law or regulation; (ii) in any way violate or infringe upon any
party's privacy right, right of publicity, or any other right of any
person or entity; (iii) contain any material which is unlawful, harmful,
abusive, hateful, obscene, threatening, libelous or defamatory.
You also agree that sending unsolicited email in the following categories
constitutes misuse:
-
Sending unsolicited email or posting to newsgroups from your account (Spamming)
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Using your account as a mail drop or reply-to address for unsolicited email
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Promoting a service or site hosted here via any other service
C3I retains the right to delete, without notice, any material
which C3I, in its sole discretion, deems in violation of
this section, or which is or may be offensive to C3I or other
users of this system. You agree that in the event C3I does delete
your material per the terms of this section, that your only recourse
against C3I is for a return of your unused subscription time,
if any, if and only if it is found that your material
was not in violation of the terms of this section. In no event
shall you have any claims against C3I for consequential damages
of any kind, including for lost business, emotional damages,
direct damages, loss of data or material, or any other damages
other than your unused subscription time. C3I
under no circumstances will refund partial months or prorate payments
received by parties not adhering to all policies and procedures stated in
this document.
-
Copyrights, Trademarks, etc. You are solely responsible for
the protection of any materials you place on this system which you
claim any copyright, trademark, patent or other intellectual property
right. C3I is a provider of space only, and will not get involved
in any disputes between you and any other person whatsoever regarding
your or any such third person's claims of intellectual property
rights. You agree to not make any claim, demand, or suit against C3I, including but not limited to any demand that
C3I protect
your claims by removing other person's material, do any other
affirmative act, or as damages against C3I for acting or failing
to act in any manner with respect to any intellectual property claims.
You are solely responsible for the content of your material with
respect to any other person's claims of copyright, trademark, patent
or other intellectual property. You agree to indemnify and hold harmless
against all liability, including legal fees, costs and expenses,
incurred by C3I as a result of any claims by third parties that
your material infringes on any such third party's intellectual property rights.
This Agreement, including the Acceptable Use Policy, is the only agreement other
than written contract, between the parties regarding Site Hosting and use of
C3I's Internet networking facilities. Hosting with C3I constitutes your
agreement to this document. The Subscriber states that he / she or it's authorized agent has read and understands the terms and conditions as stated herein. This agreement supersedes all prior agreements, whether oral or written.
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