Your I.T. Consulting Acceptable Use Policy
This is an agreement between you and Your I.T. Consulting, LLC (d/b/a Internet Design Company) and their employees, officers, affiliates and assigns (jointly “Your I.T.”) regarding your use of the Your I.T. Internet Service, all Your I.T. Web hosting products, and any Your I.T. Web site (the “Your I.T. Service” or the “Services”) and Your I.T.’s provision of such Services to you. By using Your I.T.’s Services, you are consenting to be bound to the terms of this agreement, which shall be referred to as the Your I.T. Acceptable Use Policy.
- Unlawful Use of the Your I.T. Service. You may not use, or permit the use of, the Your I.T. Service for unlawful purposes. In order to fulfill this obligation, you may not transmit, post or receive certain material, which include but are not limited to the following: threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would result in a criminal offense or civil liability, or otherwise violate any local, state, national or international laws or regulations. Moreover, you may not (i) transmit any information or software which contains a virus, worm, Trojan Horse, or other harmful component; (ii) transmit any information, software or other material that is protected by copyright or other proprietary right (including trade secret materials), or derivative works thereof, without obtaining permission of the copyright owner or right holder; or (iii) transmit any unsolicited bulk e-mail (also known as “spam”). You agree to indemnify Your I.T. and hold Your I.T. harmless from any and all claims, damages, losses, and expenses (including attorneys’ fees and expenses) resulting from or allegedly resulting from your use of the Your I.T. Service whether or not such use is found to be in violation of any statute, rule or regulation.
- Access to Other Networks. Anytime you access another network through the Your I.T. Service, you must comply with that network’s rules. You agree to indemnify Your I.T. and hold Your I.T. harmless from any and all claims, damages, losses, and expenses (including attorney’s fees and expenses) resulting from or allegedly resulting from your access of other networks.
- Control Over Content. Your I.T. provides access to various forms of content that are available over the Internet. Your I.T. does not screen in advance any specific information available over the Internet. Your I.T. reserves the right (but does not assume the responsibility) to block or limit access to general categories of content that Your I.T. deems in its sole discretion to be harmful, offensive, or otherwise in violation of this Your I.T. Acceptable Use Policy. Your I.T. shall have no liability for any action or inaction with respect to content received over the Internet. It is your responsibility to control access to information that you might find unsuitable. This includes controlling access by minors through your account. By signing up for the Your I.T. Service you acknowledge receiving this warning and will not hold Your I.T. responsible for language, opinions, discussions or graphics which may be viewed on the Internet. Your I.T. has no obligation to monitor the Internet or any service offered via the Internet, including a Your I.T. Service; however, you agree that Your I.T. has the right to monitor electronically from time to time and to disclose any information as necessary to satisfy any law, to operate its services properly, or to protect itself or its subscribers.
- Liability for Charges Incurred. Your I.T. has no responsibility for any charges incurred through the use of any login name and password, including your Your I.T. login name or password. You are responsible for all such charges and you will also be responsible for any charges incurred for long distance charges while accessing the Services. If you lose your password, immediately contact Your I.T. Customer Service by (i) writing: Your I.T. Consulting, LLC, , P.O. Box 803, Wilbraham, MA 01095; or (ii) telephone: 888-424-1718 (Business).
- LIABILITY LIMITATIONS.YOUR I.T. MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, FOR THE SERVICES IT IS PROVIDING. YOUR I.T. DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOUR I.T. WILL NOT BE RESPONSIBLE FOR ANY DAMAGE SUFFERED BY THE CUSTOMER, INCLUDING LOSS OF DATA RESULTING FROM DELAYS, FAILURE TO DELIVER, MISTAKEN DELIVERIES OR SERVICE INTERRUPTIONS. THE USE OF ANY INFORMATION OBTAINED THROUGH THE YOUR I.T. SERVICES IS AT YOUR OWN RISK. YOUR I.T. MAKES NO WARRANTY AS TO THE CONTENT OR ACCURACY OF THE INFORMATION. YOUR I.T. IS NOT LIABLE FOR ANY CLAIMS RESULTING FROM ANY FAILURE OR INTERRUPTION OF THE SERVICES.
- Miscellaneous. Your I.T. reserves the right to modify this Acceptable Use Policy from time to time, which shall become effective upon posting to the Your I.T. Web site located at http://www.internetdesigncompany.com/site/index.php/about-us/acceptable-use-policy or its successor site. Continued use of a Your I.T. Service constitutes acceptance of modifications made to this Acceptable Use Policy. In addition to any other available remedies, Your I.T. may suspend your access to and/or terminate your account for any Your I.T. Service immediately and without notice if you engage in any conduct or activities that Your I.T., in its sole discretion, believes are in violation of this Acceptable Use Policy. If you engage in any activities which cause damage to Your I.T., its customers, or its suppliers, Your I.T. reserves the right to pursue a claim against you, including monetary damages to address economic losses that may occur. Nothing contained in this Acceptable Use Policy shall be construed to limit Your I.T.’s rights and remedies, and Your I.T. hereby reserves all such rights and remedies which may be available to it at law or in equity.
- Enforceability. In the event that any portion of this Acceptable Use Policy is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect. Your I.T.’s failure to insist upon or enforce strict performance of any provision of this Acceptable Use Policy shall not be construed as a waiver of any provision or right. This Acceptable Use Policy shall be governed by and construed in accordance with the laws of the State of Connecticut, without regard to its conflicts of law provisions. Any cause of action you may have with respect to the Your I.T. Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS ACCEPTABLE USE POLICY, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
- Right of Indemnification. You agree to defend, indemnify and hold YOUR I.T., its suppliers, alliance partners, affiliates and related companies harmless from any and all liabilities, costs and expenses, including reasonable legal fees related to any violation of these Terms and Conditions by you, or in connection with your use of the Site or with the placement or transmission of any message or information on the Site by you.
- Consent. You hereby authorize YOUR I.T. to collect, retain and use all relevant information relating to your use of the Site. You further authorize any third party to provide YOUR I.T. with such information. YOUR I.T. shall be free to use such information for any purpose whatsoever.