TERMS OF SERVICE
Introduction
This document explains the Terms of Service for use of services provided by PB WebFoot Designs by the client/user (hereinafter known as Customer). This document supersedes all forms of this document previously published by PB WebFoot Designs. This document is maintained and published on-line on the PB WebFoot Designs home page at http://www.pbwebfootdesigns.com/tos.html
All Customers of PB WebFoot Designs are required to be familiar with this policy. This document shall be sent via e-mail or provided in person to each new Customer and upon receipt, the Customer shall become responsible for its contents. Use of PB WebFoot Designs services in any form constitutes acceptance of this Terms of Service and agreement to adhere to it.
This Terms of Service may be known herein after as policy, Terms of Service, or TOS.
Account and Policy Term
The effective date of these Terms and Conditions and the Acceptable Use Policy is the date of acceptance by the Customer of services from PB WebFoot Designs, and they shall remain in effect for at least one year, and after the first year until Customer terminates his/her account or PB WebFoot Designs cancels Customer's account.
PB WebFoot Designs reserves the right to change the terms and conditions of use or it's Acceptable Use Policy at any time. Notification of changes will be announced via email. If customer does not agree to changes, Customer may cancel services by giving PB WebFoot Designs proper written notice as directed herein.
Termination for Cause
PB WebFoot Designs may terminate an account at any time for any violation of this Terms of Service or for failure to pay bills for service. Such termination generally means that all files are deleted and all services, including mail forwarding are rescinded. Customer will not receive a refund for any prepaid services. All losses and expenses suffered by Customer as a result of such termination will be Customer's to bear alone, and PB WebFoot Designs will have no liability whatsoever.
Provision of Services
PB WebFoot Designs will provide services on its host computing systems to customers in exchange for payment of fees and compliance with these Terms and Conditions and the Acceptable Use Policy. PB WebFoot Designs services are defined as the use by Customer of computing, telecommunications, software, and information services provided by PB WebFoot Designs. These services also include the provision of access to computing, telecommunications, software, and information services provided by others via the worldwide computer network known as the Internet.
Consultation Charges
PB WebFoot Designs welcomes requests from Customers concerning their problems and will do as much as possible to help resolve them. When assistance provided by PB WebFoot Designs is beyond services offered to all customers by PB WebFoot Designs as part of its basic services such as assistance with Customer systems configuration beyond the initial set-up, the Customer will be charged a standard consulting rate.
Security of Accounts
PB WebFoot Designs accounts are for individual Customers. Passwords are first determined by PB WebFoot Designs, and may be changed at a later date by the Custumer. Customer therefore agrees not to share the password of the account with others. Customer agrees to maintain a secure password to the account and is responsible for any use of his/her account. Customer agrees not to use any PB WebFoot Designs services to obtain the passwords of other customers on PB WebFoot Designs or other systems. Customer agrees not to use PB WebFoot Designs services to make unauthorized attempts to access any systems and networks.
Use of Internet Services
Customer agrees not to use PB WebFoot Designs services to violate copyright or other intellectual property rights. For example, Customer may not upload or download commercial software in violation of software license agreements. Customer agrees to use the services provided by PB WebFoot Designs as permitted by applicable local, state, and federal laws. Customer agrees, therefore, not to use these services to conduct any business or activity that is prohibited by law.
Specific Acceptable Use Policies
PB WebFoot Designs believes that the First Amendment rights of free speech, freedom of the press, and freedom of association apply to the Internet to the same degree as they do to print media. PB WebFoot Designs has no intention of infringing upon those rights. In fact we encourage using your own creativity and self expression within the limits of the law.
E-mail Privacy
Electronic mail passes through multiple mail servers from source to destination on the Internet. One can never be guaranteed privacy from every possible mail server; therefore, customers seeking total privacy should use some encryption scheme, such as PGP to render their messages unreadable by eavesdroppers.
With regards to PB WebFoot Designs mail servers, PB WebFoot Designs places a high value on privacy, and will normally only examine Customers' mail to troubleshoot E-mail delivery problems, protect system security, or to comply with a lawful warrant or court-order.
PB WebFoot Designs will not divulge Customer account information, except at the direction of a lawfully served warrant.
Make Money Fast
Any mailing or posting of "Make Money Fast" (MMF) or "Fast Cash" or pyramid schemes or chain letters of any sort will result in quick account termination. Pyramid schemes are illegal no matter how the message is presented. Pyramid schemes are NOT permitted.
Spoofing E-mail and News posts
All Customer E-mail and news posts shall have the Customer's valid account name in the header. You may use another existing PB WebFoot Designs or non- PB WebFoot Designs E-mail address in the "reply to" field as long as it is clear that the post came from your PB WebFoot Designs account. Use of standard "anonymous re-mailers" is allowed for private (noncommercial) E-mail and posting.
Illegal Material (Copyright)
PB WebFoot Designs assumes no legal liabilities relating to Customer's use of PB WebFoot Designs computer network and equipment. However, PB WebFoot Designs requires that its customers not use PB WebFoot Designs network for illegal purposes. In any legal matters that result from a Customer's action, PB WebFoot Designs is under no obligation to defend itself rather than settle. Any losses suffered by PB WebFoot Designs to settle or defend legal action, and all civil or criminal penalties inflicted on PB WebFoot Designs as a result of any Customer's act are payable by the customer. Customer shall have no defense against prompt and full repayment to PB WebFoot Designs. When presented with a search warrant, PB WebFoot Designs is obligated to release appropriate information requested, and will cooperate with the authorities in any criminal investigation.
While PB WebFoot Designs recognizes that the legal status of the Internet has not yet been fully resolved, PB WebFoot Designs considers certain actions illegal and therefore not allowed on its network, for example; unauthorized distribution of copyrighted material; exploitation of minors; and unauthorized use of computer resources.
PB WebFoot Designs makes no representations concerning any attempt to review the content of sites hosted on its servers, and so PB WebFoot Designs is not responsible for the accuracy, copyright compliance, legality or decency of material contained in sites hosted on its servers.
Harassment
Harassment or abusive use of E-mail and other Internet services is a serious misuse of Internet resources. PB WebFoot Designs will handle incidents of harassment on a case-by-case basis, consulting with the parties involved. If you wish to report harassment, or abuse of services, please email pam@pbwebfootdesigns.com and the abuse department will get back to you as soon as possible.
Inappropriate use of Web Service
PB WebFoot Designs provides space for commercial web pages with some services. PB WebFoot Designs maintains no responsibility for the content of such pages. PB WebFoot Designs will handle complaints about inappropriate web pages on a case-by-case basis. Examples of inappropriate information include downloadable virus code, bulk E-mail lists, illicit advertising, and web-based services that allow members of the public to send E-mail or post news anonymously.
Warranties
PB WebFoot Designs makes no warranties of any kind, whether expressed or implied, for its services. PB WebFoot Designs specifically disclaims any implied warranties of merchantability or fitness for any particular purpose. PB WebFoot Designs will not be held responsible for any losses or damages resulting from delays, non-deliveries, mis-deliveries, service interruption, or Customer's or PB WebFoot Designs errors or omissions. PB WebFoot Designs will not under any circumstances be responsible for consequential damages.
PB WebFoot Designs reserves the right to suspend or terminate accounts for any reason, if, in PB WebFoot Designs opinion, the Customer is disrupting or threatening the operation of this site and/or the Internet or its components. In the context of this TOS, using other sites or servers to abuse the net via PB WebFoot Designs access is regarded the same as using PB WebFoot Designs site.
Jurisdiction
The laws of Michigan shall govern the validity, construction and performance of these TOS and Customer's agreement to abide by this TOS.
Severability
If any provision of this policy is held by a court to be contrary to law, the remaining provisions will remain in full force and effect.
Please Note:
For customers who are unable to follow these rules, we will have no choice but to suspend your account without warning and contact your local authorities. We are always willing to cooperate with officials and have a right to defend our position. If you feel as though you will be unable to abide by our rules, please use your search engine to find another website host. |
