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Extentech End User License Agreement For:
Extentech Knowledgebase Access
### END USER SOFTWARE LICENSE ####
Extentech Web Site and service LICENSE AGREEMENT
Acceptable Use Policy and Terms of Service
last updated March 21, 2008
The most current version of our Acceptable Use Policy can always be found at http://www.sheetster.com/products/Hosting/service_terms.jsp. This document may change from time to time. Changes go into effect and are applied to all customers from the time that they are posted to the above URL.
SERVICE DESCRIPTION
As a internet service provider, Netalytix Corporation provides internet web hosting and associated services and maintains dedicated server computers, other equipment and software which is integrated with the internet. These servers send and receive data and information in relationship to the internet. Customers wish to utilize the hardware and software resources of Netalytix Corporation to establish an internet web presence using Netalytix Corporation's web hosting services and network.
CONDITIONS
The Customer's application and this Agreement constitute a legal and binding contract between Netalytix Corporation and the Customer and does not extend to any other person or entity.
WARRANTIES
With respect to the services to be provided herein, the Customer acknowledges that Netalytix Corporation makes absolutely no warranties whatsoever, express or implied. As a result, the Customer agrees that Netalytix Corporation shall not be liable to the Customer for any claims, damages, or loss of profit which may be suffered by the Customer or any other entity in any respect for direct, indirect, consequential, actual, or punitive damages arising out of, or in relation to, the services provided herein, including, but not limited to, losses or damages resulting from the loss of data as the result of delays, non-deliveries, or service interruptions.
INFORMATION
The utilization of any data or information received by the Customer from the utilization of the service to be provided by Netalytix Corporation is at the Customer's sole and absolute risk. Netalytix Corporation specifically disclaims and denies any responsibility for the completeness, accuracy, or quality of information obtained through the services to be provided hereby.
DOMAIN NAME
If the customer acquires a domain name through Netalytix Corporation, then in such case the Customer hereby waives any and all claims for any reason which it may have against Netalytix Corporation, for any loss, damage, claim, or expense arising out of, or in relation to, the registration of such domain name in any online or offline network directories, membership lists or registration lists, or the release of the domain name from such directories or lists following the termination of Netalytix Corporation's service to Customer.
PAYMENT
Payment is due according to the selected fee schedule following the establishment of the hosting service on the internet. Web space and services will be billed a minimum of one (1) month in advance depending on the selected fee schedule. Subsequent payments are due on the 5th day of each month as per the selected fee schedule. In the event that the Customer fails to pay for such services in advance, Netalytix Corporation shall be entitled to suspend the Customer's service without notice until payment is made. A US$10.00 service fee will apply to all bounced checks.
The customer will continue to be billed 1 month in advance up until the customer cancels their hosting account by filling out our account cancellation form. Netalytix Corporation will not deactivate a web hosting account without a completed cancellation form. The customer is liable for all services rendered and billed up until the time that the account is cancelled. Service charges are not pro-rated when an account is cancelled. As long as the cancellation form is completed prior to the first of the next month, the customer will not be billed beyond the current month.
RESTRICTIVE USE
The Customer may only use Netalytix Corporation's services for lawful purposes. In the event that at any given time, Netalytix Corporation believes that the service is being used by the Customer in contravention with any of the terms and provisions contained in this Agreement, Netalytix Corporation has the right to immediately discontinue such service to Customer without liability other than to refund any unearned prepaid service fees. The following are restrictive uses and shall be cause for the immediate termination of web services and this Agreement without notice or refund to the Customer:
Unauthorized distribution or copying copyrighted software and files (including MP3's, warez, cracks, etc.), violation of US export restrictions, harassment, fraud, trafficking in obscene material, drug dealing, and other illegal activities. Netalytix Corporation reserves the right to report such illegal activities to any and all regulatory, administrative and/or governmental authorities for appropriate prosecution.
We do not host porn/adult websites. We do allow erotic photography, erotic art and other adult material. You are responsible for making sure that you provide proper warnings and disclaimers concerning the contents of your website. Our definition of a porn site is a website that sells memberships to access adult images and video or a site that is solely setup to distribute adult images and video. Most porn sites in general tend to have a heavy load on the server because they attempt to attract as much traffic as possible to the site and the visitors to these sites in turn download a high volume of files. We avoid hosting any sites that may have a adverse affect on the performance of our servers and the sites they host.
The Customer expressly understands and agrees that Netalytix Corporation is not liable for legal action taken against Customer sites that have content featuring nudity and/or of a sexual nature.
If you're sill not sure how we would classify your site, then contact us, referencing the url of your site and we'll let you know if it is the type of site that we can host.
Email Abuse and UCE Policy Section
Service Abuse includes using a non-existing email return address on a commercial solicitation, spamming (sending unsolicited advertising to numerous email addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user), trolling (posting outrageous messages to generate numerous responses, mailbombing (sending multiple messages without significant new content to the same user), subscribing someone else to a mailing list without that person's permission or attempting without authorization to enter into a secured computer system. These activities and any other abuse of Netalytix Corporation's Servers or network resources are specifically prohibited. Netalytix Corporation reserves the right to determine what is internet abuse.
If you are sending emails to a list with any form of automated software including Netalytix Corporation Luminet List Server software, you MUST NOT send email to any recipient who did not explicitly request receipt of email from your organization. You MUST provide instructions for opting-out link at the bottom of every email sent, as well as a direct link to a web page allowing mail recipients the ability to immediately opt-out from receiving all future mail. Additionally, you MUST maintain and check on a daily basis an "abuse@yourdomain.com" email address for receiving and responding to complaints from recipients of your email broadcasts.
Unsolicited advertising via email and/or "Spamming" is a violation of State and Federal Law and is otherwise a violation of this agreement. This includes referencing domains hosted on Netalytix Corporation servers in said spam. Such prohibited conduct subjects Customer to immediate cessation of service as provided herein and the termination of this agreement without notice. Netalytix Corporation reserves the right to report such illegal activities to any and all regulatory, administrative and/or governmental authorities for appropriate prosecution. In addition, Netalytix Corporation has the right to charge ten dollars (US$10.00) per email recipient for any such activity.
Tortuous conduct such as posting of defamatory, libelous, slanderous, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyright, or other intellectual property rights are specifically prohibited.
MUDDS, Listservers or any other internet application that are not website specific, are specifically prohibited.
Any other misuses of the system resources, such as employing posts or programs which consume excessive CPU time or storage space, permitting use of mailservers, mail forwarding capabilities, POP accounts, or autoresponders other than for the Customer's accounts, or resale of access to CGI scripts installed on our servers, are specifically prohibited.
Illegal activities such as attempting without authorization to enter into a secured computer system, malicious hacking, cracking or otherwise altering of a site owned and operated by another person are specifically prohibited. Netalytix Corporation reserves the right to report such illegal activities to any and all regulatory, administrative and/or governmental authorities for appropriate prosecution.
CGI script sharing with other domains is not permitted. Any CGI-scripts deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.
IRC software, IRC bots or Eggdrop bots are not allowed on our servers.
Customer installed chat rooms are not allowed on our servers.
Customer installed shell emulators are specifically prohibited.
Customer installed virtual servers, file systems or system binaries are specifically prohibited.
Netalytix Corporation reserves the right to modify or otherwise amend these terms without prior notice or warning.
Agreement Terms Section
UNILATERAL SERVICE REVOCATION
In the event that Netalytix Corporation may at any time believe that the service is being utilized for unlawful purposes by the Customer or in contravention with the terms and provisions herewith, Netalytix Corporation may immediately discontinue such service to the Customer without liability. This will include failure to pay, illegal activities and/or unsolicited email.
INDEMNIFICATION
The Customer shall indemnify and hold harmless Netalytix Corporation from any and all loss, cost, expense, and damage on account of any and all manner of claims, demands, actions, suits, proceedings, judgements, costs and expenses that may be initiated against Netalytix Corporation and Netalytix Corporation's officers, directors, and employees for any service provided to Customer by Netalytix Corporation to include web space content that violates any copyright, proprietary right of any person, state and federal regulations, or contains any matter that is libelous or scandalous.
CHANGES IN TERMS OF AGREEMENT
Netalytix Corporation reserves the right to make changes to the terms and conditions of this Agreement at any time to include service pricing, advising of the change and the effective date thereof, but with changes in service fees being effective only at the end of any period for which the Customer has prepaid. Utilization of the service by the Customer following the effective date of such change shall constitute acceptance by the Customer of such change(s).
ENTIRE AGREEMENT AND UNDERSTANDING
This document and services constitute the entire Agreement between the parties, and represents the complete and entire understanding of the parties with respect to the subject matter of this Agreement.
RELATIONSHIP
The parties here to are independent entities and nothing contained in this Agreement shall be construed to constitute Customer an agent, employee, partner, independent contractor, joint venturer, or any other similar entity.
GOVERNING LAW
This Agreement shall be governed by the laws of the State of California in the United States of America. Each party agrees that jurisdiction and venue for any and all claims, disputes or other matters arising out of the services provided herein and under this Agreement will only lie in San Francisco County, California. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement and services provided herein, the prevailing party in such action shall be entitled to all reasonable costs to include attorney fees.
SEVERABILITY
In the event that any term or provision of this Agreement is held by a court of competent jurisdiction to be illegal, unenforceable or invalid in whole or in part for any reason, the remaining provisions of this Agreement shall remain in full force and effect.
CONFIDENTIALITY
Customer acknowledges that any information not generally known by, or disclosed to the public, to include but not be limited to computer programs, source code, algorithms and inventions are the property of Netalytix Corporation and may not be utilized or released without the express written permission of Netalytix Corporation.
INTERPRETATION
The format, words and phrases used herein shall have the meaning generally understood in the telecommunications/software/internet industries. This Agreement shall be construed in accordance with its fair meaning and not against the drafting party.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, and in consideration of the covenants and agreements contained herein, do hereby execute this instrument, with each party warranting their ability to enter into this Agreement for the person or entity herein named as a party hereto. By placing an order telephonically, in writing and/or electronically.