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Web Development and maintenance by Ashton ITC
copyright
© Ashton ITC
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The following words used in context of the Service Contract are defined as follows:
"Provider": Ashton Integrated Technologies Corporation (DBA - Ashton ITC)
"Client": The person or entity who is applying for VirtualServer services
The Provider agrees to provide, and Client agrees to receive, access to the Virtual Serverservices according to the following terms and conditions:
1. Client will use the Virtual Server services in a manner consistent with any andall applicable laws of the State of Tennessee and the US Federal Government.
2. Provider reserves the right, in its sole discretion, to deactivate the Client'sVirtual Server account(s) upon an indication of credit problems including delinquentpayments.
3. THE PROVIDER SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. THEPROVIDER GIVES NO WARRANTY, EXPRESSED OR IMPLIED, FOR THE VIRTUAL SERVER SERVICESPROVIDED, INCLUDING, WITHOUT LIMITATION, WARRANTY OF MERCHANTABILITY AND WARRANTY OFFITNESS FOR A PARTICULAR PURPOSE. THIS NO WARRANTY EXPRESSLY INCLUDES ANY REIMBURSEMENTFOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE BY PROVIDER OR ITS PROVIDERS BEYOND THEFEES PAID BY CLIENT TO PROVIDER FOR SERVICES.
4. Provider is not responsible for any damages arising from Client's use of Provideror by Client's inability to use the Virtual Server services for any reason.
5. While Provider shall make every reasonable effort to protect and backup data forClient on a regular basis, Provider is not responsible for Client's files residing onProvider. Client is solely responsible for independent backup of data stored on Provider.
6. CLIENT HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDERTHROUGH CLIENT'S ACCOUNT(S) WILL NOT VIOLATE OR INFRINGE ANY COPYRIGHT, TRADEMARK, PATENT,STATUTORY, COMMON LAW OR PROPRIETARY RIGHTS OF OTHERS, OR CONTAIN ANYTHING LIBELOUS ORHARMFUL. ANY POTENTIALLY ILLEGAL ACTIVITY MAY BE BE DEACTIVATED WITHOUT WARNING BY THEPROVIDER. CLIENT HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS THE PROVIDER FOR ANY CLAIMRESULTING FROM THE SUBMISSION OF ILLEGAL MATERIALS.
7. CLIENT HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDERTHROUGH CLIENT'S ACCOUNT(S) WILL NOT CONTAIN ANYTHING LEADING TO AN ABUSIVE OR UNETHICALUSE OF THE VIRTUAL SERVER PRODUCT(S) OR THE HOST SERVER(S). ABUSIVE AND UNETHICALMATERIALS AND USES INCLUDE, BUT ARE NOT LIMITED TO PORNOGRAPHY, OBSCENITY, NUDITY,VIOLATIONS OF PRIVACY, COMPUTER VIRUSES, AND ANY HARASSING AND HARMFUL MATERIALS OR USES.CLIENT HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS THE PROVIDER FROM ANY CLAIM RESULTINGFROM YOUR PUBLICATION OF MATERIALS OR YOUR USE OF THOSE MATERIALS. PROVIDER MAY OR MAY NOTGIVE NOTICE BEFORE DEACTIVATING THE USE OF AN ACCOUNT(S) WHICH THE PROVIDER DECIDES IS ANABUSIVE OR UNETHICAL USE OF THE VIRTUAL SERVER ACCOUNT(S) OR HOST SERVER(S).
8. Due to the public nature of the Internet, all information should be consideredpublicly accessible, and important or private information should be treated carefully.Provider is not liable for protection or privacy of electronic mail or other informationtransferred through the Internet or any other network provider or its customers mayutilize.
9. Use of distribution lists via unsolicited electronic mail or other masselectronic mailings is strictly prohibited. The Provider reserves the right to deactivatethe Client's Virtual Server account(s) upon an indication of such activity. Client herebyagrees to indemnify and hold harmless the provider from any claim resulting from theClient's or another party's use of electronic mail service(s) on the Client's Virtualserver account(s).
10. In the event it is necessary to refer any dispute to an attorney or resolve it in acourt of law, the prevailing party will be entitled to an award of reasonable attorney'sfees and all costs associated with any legal action, whether or not a suit shall actuallybe filed.
11. Provider maintains control and any ownership of any and all I.P. numbers and addressesthat may be assigned to Client and reserves in its sole discretion the right to change orremove any and all IP numbers and addresses.