The Fine Print

Terms of Service

WHEREAS, Irth Networks is an information provider connected to the Internet; Irth Networks offers storage and transfer services over the Internet through access to its Web, Email, and FTP Servers;
WHEREAS, Customer seeks to utilize Irth Networks' server for its own purposes;
WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, Irth Networks can make no guarantee that any given reader shall be able to access Irth Networks' server at any given time.
Irth Networks represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible;
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;

MATERIAL & PRODUCTS

Customer will provide Irth Networks with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of Irth Networks. Irth Networks shall make no effort to validate this information for content, correctness or usability.
Use of Irth Networks' service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Customer's Webspace by the Customer. The following examples are offered:
- Web Publishing: requires a knowledge of HTML, properly locating and linking documents, FTPing Webspace contents, Graphics, text, Sound, imagemapping, etc.
- CGI-Scripts: requires a knowledge of the UNIX environment, TAR and GUNZIP commands, Perl, CShell scripts, permissions, etc.
The Customer agrees that he or she has the necessary knowledge to create Customer's Webspace. Customer agrees that it is not the responsibility of Irth Networks to provide this knowledge or Customer Support outside of the defined service of Irth Networks.
Irth Networks will exercise no control whatsoever over the content of the information passing through the network.
Irth Networks makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Irth Networks also disclaims any warranty of merchant-ability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of Irth Networks is at the Customer's own risk, and Irth Networks specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. Irth Networks expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.
The term "unmonitored bandwidth" on some of the plans means that within reason, users will not be charged for bandwidth use with that plan. Within reason extends to a total use per month of 2GB.. sites that use more than this, or when extrapolating current usage look to exceed it may be asked to cut back on usage, and or pay for excess use. Note that currently 99% of subscribers come nowhere near that amount of use.
The customer agrees to make use of Irth Networks servers primarily for the purpose of hosting a website, and associated email functions. Servers are shared with other customers, and as such IRC-related activities or severely CPU intensive CGI scripts (e.g. chat scripts, scripts which have bugs causing them to not close properly after being run) are not encouraged. IRC bots specifically may not be run on any Irth Networks server, and if your processes are adversely affecting server performance disproportionately Irth Networks reserves the right to negotiate additional charges with the Customer and/or the discontinuation of the offending processes.
Irth Networks specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not "Server-ready", Irth Networks may, at its option and at any time, reject this material, including but not limited to after it has been put on Irth Networks' Server. Irth Networks agrees to notify Customer immediately of its refusal of the material and afford Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of Irth Networks. If the Customer fails to modify the material, as directed by Irth Networks, within a reasonable period of time, which shall be determined between the parties themselves, the contract shall be deemed to be terminated.

COPYRIGHTS and TRADEMARKS

Customer warrants that it has the right to use the applicable trademarks, if any.

HARDWARE, EQUIPMENT, and SOFTWARE

The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access Irth Networks.
Irth Networks makes no representations, warranties or assurances that the Customer's equipment will be compatible with the Irth Networks service.

AGE

The Customer certifies that he or she is at least 18 years of age, or that their parent or legal guardian will act as the "customer" in terms of this contract.

INTERNET ETIQUETTE

Electronic forums such as mail distribution lists and Usenet news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of Irth Networks may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Irth Networks. All messages transmitted via Irth Networks should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting.
Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access.

TERMINATION

This contract may be terminated by either party, without cause, by giving the other party 30 days written notice. Irth Networks will accept termination by electronic mail. Notwithstanding the above, Irth Networks may terminate service under this contract at any time, without penalty, if the Customer fails to comply with the terms of this contract.

LIMITED LIABILITY

Customer expressly agrees that use of Irth Networks' Server is at Customer's sole risk. Neither Irth Networks, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Irth Networks' Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Irth Networks Server service, unless otherwise expressly stated in this contract.
Under no circumstances, including negligence, shall Irth Networks, its offices, agents or any one else involved in creating, producing or distributing Irth Networks' Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Irth Networks Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Irth Networks' records, prog rams or services. Customer hereby acknowledges that this paragraph shall apply to all content on Irth Networks' Server service.
Notwithstanding the above, Customer's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Customer paid during the term of this contract and any reasonable legal fee and court costs.

INTENDED PURPOSE

Customer may only use Irth Networks' Servers and Systems for non-profit purposes. All commerical usage of Irth Networks' servers or systems is prohibited.
Customer agrees to not have any content on their site related to
1. Pornography
2. Unlicensed Software, "warez", and tools or information useful in circumventing software licensing mechanisms such as, but not limited to, key generators, cracks, and serial numbers
3. Hate, or similar, speech

Any complaint we receive regarding a violation of these points will be taken very seriously and will result in immediate investigation and possible account cancellation.

LAWFUL PURPOSE

Customer may only use Irth Networks' Server for lawful purpose. Transmission of any material in violation of any Country, Federal, State or Local regulation is prohibited. To this effect, child pornography is strictly prohibited as well as housing any copyrighted information on Irth Networks' Server for the purpose of illegal distribution or infringement.
Customer agrees to not have any content on their site that advocates, sells or in any way makes available tools or methods to send unsolicited e-mail or usenet postings (spam), or to use Irth Networks' Servers for relaying unsolicited e-mail or usenet postings, or to use unsolicited e-mail or usenet postings to advertise for their site hosted at Irth Networks.

Any complaint we receive regarding a violation of these points will be taken very seriously and will result in immediate investigation and possible account cancellation.

INDEMNIFICATION

Customer agrees that it shall defend, indemnify, save and hold Irth Networks harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against Irth Networks, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer,its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Irth Networks against Liabilities arising out of
- any injury to person or property caused by any products sold or otherwise distributed in connection with Irth Networks' Server;
- any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party;
- copyright infringement;
- any defective product which Customer sold on Irth Networks server.

CONTRACT REVISIONS

Revisions to this Contract will be applicable to previous Contracts

CONTRACT

These Terms and Conditions constitutes the entire Contract and understanding of the parties. Any changes or modifications to these Terms and Conditions of Contract thereto are agreed to by the both parties upon reasonable notification (email, etc.).

Privacy Policy

COLLECTED INFORMATION

When you sign up for service with Irth Networks, we collect personal information from you including your name, e-mail address, contact street address, and other miscellaneous personally identifiable information.

When browsing our website we may collect the URL from which you linked into our site, your IP address, and your browser type and version, all of which are collected in an anonymous manner without being linked to any of your personal information.

USE OF CUSTOMER INFORMATION

Customer privacy is something we take very seriously at Irth Networks. We do not, and have never, sold or disseminated the personal information of our customers to any parties outside of Irth Networks. We use customer information for the purposes of creating and maintaining individual customer accounts, contacting customers in case of a problem with their account, sending personal information, for statistical purposes, to administer our systems, to conduct surveys, too administer drawings or contests, and to provide technical support. All Irth Networks site development and support is done by in-house agents and hence no contracted third-parties will have access to customer information.

Bottom line: No personal information will be released to a third party short of a United States court subpeona.

Copyright Statement

Irth Networks web copyright statement and release

Irth Networks is providing information and services on the World Wide Web in furtherance of its non-profit and tax-exempt status. Permission to use, copy and distribute documents delivered from this World Wide Web server and related graphics is hereby granted for private, non-commercial and education purposes only, provided that the above copyright notice appears with the following notice: this document may be reprinted and distributed for non-commercial and educational purposes only, and not for resale. No resale use may be made of material on this web site at any time. All other rights reserved.

The names and logos of Irth Networks, including its divisions, offices, committees, round tables, and other units may not be used without specific, written prior permission. Irth Networks makes no representation about the suitability of this information for any purpose. It is provided "as is" without express or implied warranty.

IRTH NETWORKS DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL IRTH NETWORKS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS INFORMATION.

Irth Networks does not exert editorial control over materials that are posted by third parties onto this site or materials that are directed by third parties to any other persons. Irth Networks is not responsible for any material posted by any third party. The user hereby releases Irth Networks from any and all liability for any claims or damages which result from any use of this site.

Acceptance of an advertisement does not imply endorsement of the advertiser's product(s) by Irth Networks. Links established from this site do not imply endorsement of the site's products and services by Irth Networks.

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