TERMS OF USE
Terms and Conditions
Acceptable Use Policy (AUP)
Tangible Solutions Inc. ("Tangibles") provides the Tangibles Web Network including the Tangibles Home Page and other Tangibles content including all hosted domains sub domains and clients web sites (collectively, the "Tangibles Network") subject to your compliance with the terms and conditions below. PLEASE READ THIS BEFORE ACCESSING THE TANGIBLES NETWORK. BY ACCESSING THE TANGIBLES NETWORK, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE TANGIBLES NETWORK.
1. Rules. While visiting the Tangibles Network, you may also not: post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the Tangibles Network in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Tangibles Network or the Internet; post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component; upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Tangibles Network which is protected by copyright, or other intellectual property right, or derivative works with respect hereto, without obtaining permission of the copyright owner or right holder.
2. Monitoring. Tangible Solutions Inc. has no obligation to monitor the Tangibles Network. However, you agree that Tangible Solutions Inc. has the right to monitor the Tangibles Network electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Tangibles Network properly, or to protect itself or its subscribers. Tangible Solutions Inc. will not intentionally monitor or disclose any private electronic-mail message unless required by law. Tangible Solutions Inc. reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement.
3. Privacy. Tangible Solutions Inc. cannot ensure or guarantee privacy for Tangibles users. It is therefore recommended that this service not be used for the transmission of confidential information. Any such use shall be at the sole risk of the user, and Tangible Solutions Inc. and its affiliate and related companies shall be relieved of all liability in connection therewith.
4. Buying over the Internet. When making purchases or other transactions through the Tangibles Network or the Internet, but you may also be asked by the Merchant or information or service provider to supply certain information, Including credit card or other payment mechanisms. You agree that all information you provide any merchant or information or service provider through the Tangibles Network will be accurate and complete. You agree to pay all charges incurred by you Or other users of your account and credit card or other payment mechanisms at the prices in effect when such charges are incurred. You also will be responsible for paying all applicable taxes, if any, relating to purchases on the Tangibles Network. Tangible Solutions Inc. is in no way responsible for any charges you or any user of your account incurs when making purchases or other transactions in this manner.
5. Limitation of Liability. Tangible Solutions Inc. takes no responsibility for the accuracy or validity of any claims or statements contained in the documents and related graphics on the Tangibles Network. Further, Tangible Solutions Inc. makes no representations about the suitability of any of the information contained in software programs, documents and related graphics on the Tangibles Network for any purpose. All such software programs, documents and related graphics are provided without warranty of any kind. In no event shall Tangible Solutions Inc. be liable for any damages whatsoever, including special, indirect or consequential damages, arising out of or in connection with the use or performance of information available from the service.
6. Recourse. If you are dissatisfied with the Tangibles Network or with any terms, conditions, rules, policies, guidelines, or practices of Tangible Solutions Inc. in operating the Tangibles Network, your sole and exclusive remedy is to discontinue using the Tangibles Network.
7. Confidential Information. You authorize Tangible Solutions Inc. to collect from any party and to retain all relevant information relating to your use of the Tangibles Network, and you hereby authorize any party to provide us with such information. You understand and agree that unless you notify Tangible Solutions Inc. to the contrary by e-mailing us, you further authorize Tangible Solutions Inc. to disclose, on a confidential basis, to any party with whom Tangible Solutions Inc. has business relations all relevant information relating to your dealings with us and the Tangibles Network.
8. Indemnity. You agree to defend, indemnify and hold Tangible Solutions Inc. and its affiliate and related companies harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any Violation of this Agreement by you or users of your account, or in connection with the use of the Tangibles Network or the Internet or the placement or transmission of any message, information, software or other materials on the Tangibles Network or on the Internet by you or users of your account.
9. Trademarks. Tangibles names, logos and icons identifying Tangibles and Tangible Solutions Inc. products and services referenced herein are trademarks or registered trademarks of Tangible Solutions Inc.. All other product and/or brand or company names mentioned herein are the trademarks of their respective owners.
10. DISCLAIMER. THE SOFTWARE CONTAINED IN THIS ARCHIVE IS PROVIDED 'AS IS' WITHOUT WARRANTY OF ANY KIND. THE ENTIRE RISK AS TO THE RESULTS AND THE PERFORMANCE OF THE SOFTWARE IS ASSUMED BY THE USER, AND IN NO EVENT WILL Tangible Solutions Inc. BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR DIRECT DAMAGES SUFFERED IN THE COURSE OF USING THE SOFTWARE IN THIS ARCHIVE. USE OF THE FREEWARE AND SHAREWARE PROGRAMS CONTAINED IN THIS ARCHIVE ARE GOVERNED BY THEIR RESPECTIVE LICENSE AGREEMENTS AND MAY CONTAIN RESTRICTIONS ON USE INCLUDING, BUT NOT LIMITED TO, THE REQUIREMENT(S) TO PAY THE AUTHOR(S) A SPECIFIED AMOUNT AFTER A TRIAL PERIOD HAS ELAPSED.
11. Miscellaneous. This Agreement, including any and all documents referenced herein, constitute the entire agreement between Tangible Solutions Inc. and you pertaining to the subject matter hereof. Tangible Solutions Inc.'s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provisions or right. If any of the provisions contained in this Agreement be determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein. This Agreement shall be governed by and construed in accordance with the laws of the state of Maryland applicable therein.
12. AUP restrictions (No pornographic, spam, or illegal content sites allowed. Your account will be terminated immediately)The Acceptable Use Policy below defines the actions which Tangible Solutions, Inc, considers to be abusive, and thus, strictly prohibited. The examples named in this list are non-exclusive, and are provided solely for guidance to Tangible Solutions, Inc, customers.
Please note that the actions listed below are also not permitted from other Internet Service Providers on behalf of, or to advertise, any service hosted by Tangible Solutions, Inc,, or connected via our network. Furthermore, such services may not be advertised via deceptive marketing policies, as defined by the Federal Trade Commission Deception Policy Statement.
General Conduct
Customers are prohibited from transmitting on or through any of Tangible Solutions, Inc,'s services, any material that is, in Tangible Solutions, Inc,'s sole discretion, unlawful, obscene, threatening, abusive, libelous, or hateful, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law. We will not allow adult oriented websites.
Tangible Solutions, Inc, services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. Tangible Solutions, Inc, reserves the right to remove such illegal material from its servers.
The customer is responsible for keeping his billing data with Tangible Solutions, Inc, up-to-date and accurate. Furnishing false data on the signup form, or online application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.
The customer is responsible for the security of their website content. We can not be held responsible for lost, missing, or hacked data. It is the customer's responsibility to maintain complete backups of their data. Server and data backups are not for our customer's use. They are for server restoration only. It is the customer's responsibility to maintain their own backup of their site. Our servers are for presenting websites to the Internet population and NOT to be used as a storage facility for our customers.
Tangible Solutions, Inc, reserves the right to reject or deny any customer at any time under it's sole discretion.
We connot issue a refund for any software or web site design projects purchased from us. The ecommerce and web business products and the web site design and administration services we offer are provided by third party vendors. We purchase them at your request directly from the vendor and we have no use for them and they cannot be resold. We purchase these products for the buyer when we receive the order. Ecommerce and web business products or services as described below are purchased through Tangible Solutions, Inc, only at the sole discretion of the end use customer.
Any purchase of web business products and web design services from Tangible Solutions, Inc, Inc. are nonrefundable. This includes private SSL certificates, shopping carts, domain name purchases or transfers for SSL certificates, payment gateways, merchant accounts, promotion services, web design or web administration services, or any other outright purchases of equitable products. This includes any products sold through any of the above listed products that may be included or sold with any of our hosting packages, and any web design or web site administration services.
System and Network Security
Customers may not attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the Customer, logging into a server or account the Customer is not expressly authorized to access, or probing the security of other networks.
Customers may not attempt to interfere with service to any user, host, or network. This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.
Email Usage
Harassment, whether through language, frequency, or size of messages, is prohibited.
Customers may not send bulk unsolicited email. If a recipient asks to stop receiving email, the customer must not send that person any further email. Use your own judgment on this topic. If we receive complaints, we may terminate your account without warning to limit damage.
Malicious email, including but not limited to "mailbombing" (flooding a user or site with very large or numerous pieces of email), is prohibited.
Forging of header information is not permitted.
These rules apply to other types of Internet-based services as well.
Payment Details
Tangible Solutions, Inc, accepts major credit cards, checks, or money orders.
If payment is not paid in full by due date, Tangible Solutions, Inc, reserves the right to suspend or cancel your site from our service until payment is received. If an account is turned off because of overdue funds, the domain will point to a homepage of our choice until overdue status is cleared.
Dedicated Server
All the above terms on this page apply to Dedicated Server cusotmers as well. However, below is a list of extra conditions that apply specifically to Dedicated Server customers.
Hardware responsibility - if a piece of hardware we supply breaks under normal use, we will fix it. This includes the server or external hard drive and any of their connections. If any hardware fails due to misuse by the customer then the customer will be charged for the repair. Hardware failure is extreamly rare.
Server administration - this is the responsibility of the customer; you should make sure that a competent individual or individuals are available to administer your server; we are avaiable for breif questions, general or breif and cordial help from time to time; our main focus is on hardware and connectivity maintanence and security.
Tech support - see above; additional or ongoing tech support optionally available monthtly or hourly as needed.
Backups - servers are preconfigured for scheduled auto-backup of server data to external hard drive for extra redundancy and data recovery; backup configuration and/or schedule are not to be changed or modified in any way under any circumstances. However, you may retrieve data from your server's external hard drive.
Auto update of patches to operating system (Windows) - preset and not to be changed or modified in any way under any circumstances.
Hardware RAID 1 - servers that have hardware RAID 1 for redundancy; if a drive fails the server will revert to the mirrored extra internal drive, this feature is preconfigured and not to be changed or modified in any way under any circumstances.
Passwords - only passwords specifically designated to the customer can be changed; changes to Tangible Solutions, Inc, tech access passwords is strictly prohibited under any circumstances; the server may be turned off and/or the customer may be locked out by Tangible Solutions, Inc, untill such time we can assertain the Tangible Solutions, Inc, administrative passwords or re-establish administrative machine login access. This includes any and all passwords for any system or program other than designated login access specifically assigned to and provided to you the customer. If access to the server has been restricted Tangible Solutions, Inc, reserves the right to retrieve assets consumed in any attempt to regain access to the server.
Firewall configuration (Windows) - preconfigured firewall for server and network protection; not to be changed, modified or accessed under any circumstances.
General - all policies for a dedicated server is for the protection of your data, your service, the server, our network.
|