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Important Information Agreement Legalities As a Strongate subscriber, you (hereafter collectively referred to as "The Customer") must agree to the terms and conditions of this Terms of Service Agreement ("The Agreement"). If you choose not agree to all or any of the following terms and conditions after been given to opportunity to read this agreement in full, The customer is legally bound to send an account cancellation request to Strongate. Purpose of Account Usage Storage space on Strongate is provided for hosting personal or commercial web page files and object paths for use by Active Worlds world servers. Any other uses are forbidden except with prior consent of Strongate. Strongate reserves the right to suspend or cancel access if a violation described herein occurred on the customer's account. Strongate does not necessarily monitor servers for violations of the agreement on a regular basis, therefore action usually takes place only after a complaint has been received. Inappropriate Material and Bandwidth Usage The customer acknowledges that Strongate's servers may never be used to copy, move, relay, or store copyrighted works, commercial audio, any material in violation of any Federal, State or Local regulation, child pornography, internet and email-related Spam or Spam promoting literature, pirated and/or illegal software, phreaking, or password cracking information. Visitors to pages contained on servers herein must remember that Strongate does not use absolute control in changing the data contained on their servers. If the customer cannot access the microcomputer facilities necessary to make use of subscribed services, Strongate will not provide for, attempt to provide for, or guarantee a refund of service charges during the time of inaccessibility. If a network or server outage occurs, the disruption will be repaired at Strongate's expense in a timely manner. Linking Policy Alien linking of compressed or executable files from other websites to directories and/or files on this website is not permitted without prior consent of Strongate and adherence to the requirements described herein. Alien linking may include but not limited to web page forwarding, directory redirections, and frame linking. Text or images referring and linking to Strongate are to be used by the customer to allow for alien linking after receiving prior consent of Strongate. Permissions to Use The customer may at no time authorise the use of their personal username and password to another individual not directly related to the account holder. At no time may the services provided by Strongate be resold to be re-branded by the account holder or a third party. Object path accounts shall not be used for commercial purposes without prior approval. Disk space quotas shall not be exceeded beyond allocated capacity. Indemnification of Data The customer agrees that it shall defend, indemnify, save and hold Strongate harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against the partnership, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the customer, its agents, employees or assigns. The customer agrees to defend, indemnify and hold harmless Strongate against liabilities arising out of: 1) any injury to person or property caused by any products distributed in connection with these servers 2) any material supplied by the customer infringing or allegedly infringing on the proprietary rights of a third party 3) copyright or intellectual property infringement 4) products or services given by the company for purposes of charity 5) defective products due to intentional misuse sold to the customer Billing and Rates The customer agrees to pay the rates for subscribed services as set by Strongate. Rates may change at any time. If a currently subscribed customer is affected by a rate change and the change involves a higher fee than currently being paid, thirty days notice will be given through the email address on file. If the rate change is lower than the fee currently being paid, the change will affect only new customers. During a rate increase, the customer will be given the opportunity to cancel their subscription at that time with the remaining month's fees prorated and refunded. Liability Disclaimer Strongate will not be responsible for, but not limited to, any damages, loss of profit, personal injury or death, personal or commercial damages, loss of productivity, consequential events, and/or loss of information that the customer may suffer from, whether implied, self-inflicted, an act of God, server failure, and/or network downtime. The customer shall indemnify Strongate from legal proceedings and claims regarding, but not limited to, the usage or the lack of, even if caused by Strongate's inability to provide for theoretical guarantees described herein due to situations inside or outside their control. Strongate makes no warranties of any kind beyond those described, expressed or implied for services provided. Strongate disclaims any warranty, merchantability, or fitness for non-acceptable purposes mentioned herein. The loss of productivity resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by the backbone HTTP, FTP, DNS servers, and its employees therein shall be disclaimed with limited remuneration not to exceed twice the current month's service charges, at Strongate's discretion. Oral representations cannot be relied upon. If the customer is opening the account over telephone, the agreement will be read verbally or sent by postal mail at the customer's discretion. The agreement supersedes any prior engagement with the customer; whether written, verbal, or implied. Strongate reserves the right to revise the agreement at any time with notification given to the customer within thirty days. |
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