Acceptable Use Policies (AUP)
ACCESS TO SPRINTSERVE'S SERVICE IS PROVIDED SUBJECT TO THE FOLLOWING
TERMS AND CONDITIONS:
Sprintserve's "Web Hosting Service" ("Service")
is provided on an "as is, as available" basis. No warranties,
express or implied, including, but not limited to, those of merchantability
or fitness for a particular purpose, are made with respect to Sprintserve
or any information or software therein. You release Sprintserve
from and Sprintserve shall have no liability or responsibility for
any direct, indirect, incidental or consequential damages suffered
by you in connection with your use of or inability to use the Sprintserve
services including, but not limited to, damages from loss of data
resulting from delays, non-deliveries, mis-deliveries, or service
interruptions, or due to inadvertent release or disclosure of information
sent by you even if the same is caused by Sprintserve's own negligence.
Without limiting the generality of the foregoing, Sprintserve disclaims
to the full extent permitted by applicable law any responsibility
for (and under no circumstances shall be liable for) any conduct,
content, goods and services available on or through the Internet
or the Sprintserve Services. In no event shall Sprintserve's aggregate
liability exceed the amount paid by you to Sprintserve for the Sprintserve
services. Use of any information obtained via Sprintserve's Internet
service is at the user's own risk. Sprintserve specifically disclaims
any responsibility for the accuracy or quality of information obtained
through its services.
UNDER NO CIRCUMSTANCES SHALL SPRINTSERVE.NET BE LIABLE FOR ANY INCIDENTAL,
UNCONSEQUENTIAL, OR CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES ARISING
OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF SPRINTSERVE WAS INFORMED
OF OR OTHERWISE AWARE OF THE POSSIBILITY THEREOF. In no event shall
Sprintserve's liability for direct damages incurred for any reason
and upon any cause of action arising from or relating to this Agreement
or the subject matter hereof exceed the fees paid to Sprintserve
by Customer hereunder in said term in which the damages are incurred.
Sprintserve warrants that the services it performs in maintaining
its Services will be rendered in a competent, professional manner.
Sprintserve does not warrant and specifically disclaims any representations
that its Service will meet Customer's requirements or that their
use will be uninterrupted or error-free. EXCEPT AS EXPRESSLY SET
FORTH IN THIS PARAGRAPH, SPRINTSERVE.NET DISCLAIMS ALL OTHER EXPRESSED WARRANTIES
AND ALL WARRANTIES, DUTIES AND OBLIGATIONS IMPLIED IN LAW, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. Sprintserve's limited warranty set forth
herein is in lieu of all liabilities or obligations of Sprintserve
for damages arising out of or in connection with its Internet services.
Sprintserve is not obligated to verify the accuracy of any information
contained on Customer's page or verify that the information is any
other way proper and acceptable, provided, however, that Sprintserve
reserves the right to:
• A.) Modify or delete any information or graphics supplied
by Customer in order to comply with current and future technical
limitations and business requirements of the Service.
• B.) Modify, delete or suspend dissemination or display
of any information or graphics supplied by Customer if Sprintserve
receives any complaints about Customer's information or advertising:
- (i) being false, deceptive, unfair or inaccurate;
- (ii) violating another's intellectual property right; or
- (iii) containing language which defames or libels another or another's
Suspend dissemination and display of the Customer's Internet page,
if Customer has not made a payment as required by this Agreement,
or if Sprintserve determines that the information on the Customer's
Internet page will damage the reputation of Sprintserve.
The Customer is responsible for all use of the Customer's account(s)
and confidentiality of password(s), including choosing safe passwords
and ensuring file protections are set correctly. Sprintserve will
suspend access or change access to Customer's account(s) immediately
upon notification by Customer that Customer's password has been
lost, stolen or otherwise compromised. Sprintserve is not liable
for any usage and or charges prior to Sprintserve making the necessary
account alteration. Electronic mail on this system is as private
as we can make it. Sprintserve's Customers are reminded that no
computer network can ever be considered completely safe from intrusion.
E-Mail may pass through many computer systems, and should not be
considered a secure means of communication unless encrypted
and even encrypted information is only as secure as the encryption
3. Personal Files
Sprintserve is not responsible for any Customer's personal files
residing on Sprintserve. The Customer is responsible for independent
backup of the Customer's data that is stored on Sprintserve. Sprintserve
reserves the right to delete any Customer 's personal files after
one or both parties terminates the service agreement between Sprintserve
and the Customer.
4. Non-Transferability of Account
The right to use Sprintserve's Internet service is not transferable.
Use of Sprintserve accounts is expressly limited to the individual
or business whose name appears on the account and dependents of
the account holder living at the same address. A Customer may use
no more than one log-in session per account at any time. If a Customer
has multiple accounts, the Customer is limited to one log-in session
per account at any time.
5. Network Address Ownership
Any network address assignments issued by Sprintserve (i.e., IP
addresses and Class C address space) are the property of Sprintserve
and are considered to be loaned to its customers. In the event service
with Sprintserve is discontinued for any reason, such addresses
will revert to Sprintserve. If a Customer of Sprintserve participates
in a service of Sprintserve which provides for a unique Domain Name
System (DNS) entry, the Customer will retain ownership of the assigned
Domain Name, but not the IP address to which it was assigned by
6. Compliance with all Laws
Customer agrees to use the service in a manner consistent with
any and all applicable laws and regulations of Singapore and the
Customer's locality. Reproduction or transmission of any material
in violation of any local, state, U.S., or international law or
regulation is prohibited. The Customer agrees that any material
to be reproduced or transmitted on Sprintserve's service through
Customer 's account(s) does not violate or infringe any copyright,
trademark, patent, statutory, common law or proprietary rights of
others, or contain anything obscene, libelous or threatening. Software
intended to facilitate any such violations or infringements may
not be stored on Sprintserve. The Customer shall defend, indemnify
and hold harmless Sprintserve from and against any claims, liabilities
and expenses, including attorney fees, resulting from any Customer's
use of the Sprintserve service or a Customer's account in an unlawful
manner or otherwise in violation of or contrary to the Customer's
Agreement with Sprintserve or Sprintserve's Acceptable Use Policies.
At Sprintserve's discretion, Sprintserve may revoke any Customer's
access to Sprintserve services or accounts for inappropriate usage.
Customer represents and warrants to Sprintserve that Customer owns
or otherwise has the right to display and disseminate the information
and content provided on the Customer's Internet page, and that such
information and content does not infringe on the intellectual property
rights of any third party. Customer represents and warrants that
it has obtained, and currently has, any and all grants of rights
from third parties which may be required to display text, graphics
or other materials in the information contained on Customer's Internet
7. Unacceptable Conduct
The following types of conduct are grounds for immediate suspension
of service pending investigation by Sprintserve and may result in
termination of the account(s) the investigation determines to have
originated or transmitted these types of traffic. In addition, Sprintserve
reserves the right, where feasible, to implement technical mechanisms
which block multiple postings by a Sprintserve Customer as described
in (a) and (b) below before such postings are forwarded:
(a) Posting a single article or substantially similar articles
to an excessive number of newsgroups (i.e., more than 20) or continued
posting of articles which are off-topic, according to the newsgroup
charter, or which provoke complaints from the regular readers of
the newsgroup for being inappropriate, including articles used for
marketing or promoting a site which resides on the Sprintserve network
(b) Sending Unsolicited Business Emails (Spam) from Sprintserve's
Network. Spam is defined as 20 or more unsolicited messages sent
(c) Engaging in either Inappropriate Postings (a) or Spam (b) from
a provider other than Sprintserve for the express purpose of marketing
a site which resides on the Sprintserve network, or promoting a
site on Sprintserve's network through Spam from a non-related network.
These tactics are defined as Spamvertisement.
(d) Continued harassment of other individuals on the Internet after
being asked to stop by those individuals and/or by Sprintserve.
(e) Mail bombing, i.e., sending large volumes of unsolicited E-Mail
to individuals or to individual business accounts.
(f) Impersonating another user or otherwise falsifying one's user
name in E-Mail, Usenet postings, on Internet Relay Chat (IRC), or
with any other Internet service. (This does not preclude the use
of nicknames in IRC or the use of anonymous remailer services.)
(g) Privacy violations: Attempts, whether successful or not, to
gain access to any other system or users' private data without express
consent of the user.
(h) Use of IRC bots or clonebots on Sprintserve, whether on IRC
servers controlled by Sprintserve or by other parties. An IRC bot
is a program which runs and is connected to an IRC server 24 hours
a day, automatically performing certain actions.
(i) Network unfriendly activity: Attempts to interfere with the
regular workings of Sprintserve's systems or network connections
or which adversely affect the ability of other people or systems
to use Sprintserve services or the Internet, including, but not
1. any unauthorized attempts by a user to gain root access or access
to any account not belonging to that user on this or any other Sprintserve
2. any use of this or any other Sprintserve system as a staging
ground to disable other systems.
(j) Any activity which violates the laws or statutes of Singapore.
8. Excess Utilization of System or Network Resources
Sprintserve account descriptions in some cases may specify limits
on bandwidth, CPU and disk utilization for certain types of Customers,
and use up to these limits is included in the price for that type
of Customer. In the event Sprintserve determines that a Customer
is exceeding the bandwidth, CPU and/or disk utilization limits,
the Customer will be notified by E-Mail. If the excess use continues
for more than 48 hours after such notification, the Customer may
be requested to upgrade to a web hosting service agreement or to
modify the activity creating the excess use. If excessive bandwidth,
CPU or disk space utilization is determined by Sprintserve to adversely
affect Sprintserve's ability to provide service for all customers,
immediate action may be taken to alleviate the problem. In such
event, the Customer will be notified by E-mail as soon as practicable.
9. Compliance with Rules of Other Networks
Any access to other networks connected to Sprintserve's Service
must comply with the rules for that other network as well as with
Sprintserve reserves the right to monitor any and all communications
through or with Sprintserve facilities. Customer agrees that Sprintserve
is not considered a secure communications medium for the purposes
of the Electronic Communications Privacy Act, and that no expectation
of privacy is afforded. It may become necessary for Sprintserve
employees to examine system accounting logs and other records to
determine if privacy violations or other network unfriendly activities
have occurred. Sprintserve also reserves the right to access a Customer's
mailbox or other files stored on Sprintserve systems to resolve
system problems or mail system errors.
11. Cooperation with Authorities
Sprintserve reserves the right to cooperate with law enforcement
and other authorities in investigating claims of illegal activity
including, but not limited to, illegal transfer or availability
of copyrighted material, postings or e-mail containing threats of
violence or other illegal activity.
12. Confidentiality of Personal Subscriber Information
Sprintserve will not release a Customer's personal subscriber information,
nor a Customer's billing information, to any third party except
upon presentation of a valid court order of a government or entity
within our jurisdiction. Customer agrees that Sprintserve's judgment
as to the validity of any court order of subpoena shall be considered
proper and final.
13. Sprintserve's Right to Suspend or Cancel Account
Sprintserve reserves the right to suspend or cancel service to
a Customer at any time and without notice, for any reason, including,
but not limited to, refusal or failure to pay for services provided
or by sole judgment of Sprintserve that the Customer may be performing
activities harmful to Sprintserve or its Customers, employees, vendors,
business relationships or any other users of the Internet.
14. Right to Damages
Sprintserve reserves the right to collect damages (software, hardware
and man hours) if any harm is done to Sprintserve which requires
repair or reconfiguration of any kind.
15. Other Remedies/Non-Waiver
Nothing contained in these policies shall be construed to limit
action Sprintserve may take or remedies available to Sprintserve
in any way with respect to any of the described conduct. Sprintserve
reserves the right to take any additional actions Sprintserve may
consider appropriate with respect to such conduct, including without
limitation taking action to recover the costs and expenses of identifying
offenders and removing them from the Sprintserve service, and levying
cancellation charges to cover Sprintserve's costs in the event of
disconnection of dedicated access for the causes outlined above.
In addition, Sprintserve reserves at all times all rights and remedies
available to Sprintserve with respect to such conduct at law or
in equity. Non-enforcement of any policy or rule herein does not
constitute consent or waiver, and Sprintserve reserves the right
to enforce such policy or rule at its sole discretion.
16. Sprintserve's Right to Change Service
Sprintserve reserves to right to change without notice the Sprintserve
service, including, but not limited to, access procedures, hours
of operation, menu structures, commands, documentation, vendors
and services offered.
17. Sprintserve's Right to Modify its Acceptable Use Policies
Sprintserve may modify its Acceptable Use Policies upon notice
published online via Sprintserve. Customer's use of Sprintserve
services after such notice shall constitute Customer's acceptance
of the modifications to these policies.
Customer agrees to defend, indemnify and hold harmless Sprintserve
and its owners, officers, shareholders, directors, employees, affiliates
and subsidiaries from and against any and all claims, demands, liabilities,
proceedings, damages, injuries, losses, costs and expenses (including,
without limitation, reasonable attorneys' fees) arising out of or
• A.) Any acts or omissions by Customer undertaken in connection
with the Internet page, including, without limitation, those arising
out of or related to any branch of:
- (i) any Customer warranties, representations, or covenants hereunder;
- (ii) inaccuracy of any information, including false advertising
claims and unfair competition claims;
- (iii) claims and investigations made by any Federal or State agency
arising out of information contained on the Customer's Internet
• B.) Violations of any third-party intellectual property
rights, or any claim of infringement, misappropriation or violation
of a right of a third party (including, without limitation, a trade
secret claim, a defamation or libel claim, or an obscenity claim).
19. Miscellaneous Provisions
19.1 - Prevention of Performance
The parties shall not be liable for any delay or failure of performance
of this Agreement if such failure is caused by acts of God, war,
governmental decree, power failure, judgment or order, strike, communications
failure, equipment of software malfunction, or other circumstances,
whether or not similar to the foregoing, which are beyond the reasonable
control of such party.
19.2 - Entire Agreement
This instrument embodies the whole agreement between the contracting
parties. There are no promises, representations, conditions, or
terms other than those contained herein.
19.3 - Severability
The provisions of this Agreement are severable. If any provision
is determined by a court of competent jurisdiction or a governmental
regulatory entity to be invalid or unenforceable, in whole or in
part, that provision shall be construed or limited in such a way
as to make it enforceable, consistent with the manifest intentions
of the parties. If such a construction or limitation is not possible,
the unenforceable provision will be stricken, and the remaining
provisions of this Agreement will remain valid and enforceable.
19.4 - Amendments
No modification, change, or alteration of this Agreement shall
be effective unless in writing and signed by the parties hereto.
19.5 - Waiver
Failure by either party to insist upon the strictest performance
or observance of any provision of this Agreement or to exercise
any right or remedy arising out of this Agreement shall not be construed
as a waiver of any right or remedy with respect to any existing
or subsequent breach or default.
19.6 - Notices
Any and all written notices, communications, or payments shall
be made to the respective parties at their addresses indicated in
the first paragraph of this Agreement or at such other address as
a party may indicate in a written notice to the other party to this
19.7 - Governing Law
This Agreement shall be governed by laws of Singapore and the courts
in Singapore shall have exclusive jurisdiction for any claims or
disputes which may arise hereunder.