Access to ADS ENTERPRISES' Internet Service is provided subject to the following terms and conditions:
1. Warranties/Disclaimers
ADS ENTERPRISES Internet 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 ADS ENTERPRISES or any information or software therein. You release ADS ENTERPRISES from and ADS ENTERPRISES 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 ADS ENTERPRISES 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 ADS ENTERPRISES' own negligence. Without limiting the generality of the foregoing, ADS ENTERPRISES 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 ADS ENTERPRISES services. In no event shall ADS ENTERPRISES' aggregate liability exceed the amount paid by you to ADS ENTERPRISES for the ADS ENTERPRISES services. Use of any information obtained via ADS ENTERPRISES' Internet service is at the user's own risk. ADS ENTERPRISES specifically disclaims any responsibility for the accuracy or quality of information obtained through its services.
2. Security
The customer is responsible for all use of customer's account(s) and confidentiality of password(s), including choosing safe passwords and ensuring file protections are set correctly. ADS ENTERPRISES 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. ADS ENTERPRISES is not liable for any usage and/or charges prior to ADS ENTERPRISES making the necessary account alteration. Electronic mail on this system is as private as we can make it. ADS ENTERPRISES' customers are reminded that no computer system can be considered as safe from intrusion. Email 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 method utilized.
3. Personal Files
ADS ENTERPRISES is not responsible for customer's personal files residing on ADS ENTERPRISES. Customer is responsible for independent backup of customer's data that is stored on ADS ENTERPRISES. ADS ENTERPRISES reserves the right to delete customer's personal files after one or both parties terminates the service agreement between ADS ENTERPRISES and customer.
4. Non-Transferability of Account
The right to use ADS ENTERPRISES' Internet service is not transferable. Use of ADS ENTERPRISES 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.
5. Network Address Ownership
Any network address assignments issued by ADS ENTERPRISES are the property of ADS ENTERPRISES and are considered to be loaned to its customers. In the event service with ADS ENTERPRISES is discontinued for any reason, such addresses will revert to ADS ENTERPRISES.
6. Compliance with All Laws
Customer agrees to use the service in a manner consistent with any and all applicable laws and regulations. Reproduction or transmission of any material in violation of any local, state, U.S., or international law or regulation is prohibited. Customer agrees that any material to be reproduced or transmitted on ADS ENTERPRISES' service through customer's account(s) does not violate or infringe any copyright, trademark, patent, statutory or 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 ADS ENTERPRISES. Customer shall defend, indemnify, and hold harmless ADS ENTERPRISES from and against any claims, liabilities and expenses, including attorneys' fees, resulting from customer's use of the ADS ENTERPRISES service or customer's account in an unlawful manner or otherwise in violation of or contrary to customer's agreement with ADS ENTERPRISES or ADS ENTERPRISES' Acceptable Use Policies.
At ADS ENTERPRISES' discretion, ADS ENTERPRISES may revoke customer's access to ADS ENTERPRISES services or accounts.
7. Unacceptable Conduct
The following types of conduct are grounds for immediate suspension of service pending investigation by ADS ENTERPRISES and may result in termination of the account(s) if the investigation determines the customer to have originated or transmitted these types of traffic. In addition, ADS ENTERPRISES reserves the right, where feasible, to implement technical mechanisms that block multiple postings by a ADS ENTERPRISES customer as described in (a) and (b) below before such postings are forwarded:
(a) Sending unsolicited mass email messages (i.e., to more than 25 users) that provoke complaints from the recipients.
(b) Engaging in either (a) or (b) from a provider other than ADS ENTERPRISES and using an account on ADS ENTERPRISES as a mail drop for responses, or to draw attention to a web site housed within ADS ENTERPRISES' networks.
(c) Continued harassment of other individuals on the Internet after being asked to stop by those individuals and by ADS ENTERPRISES.
(d) Mail bombing (i.e., sending large volumes of unsolicited email to individuals or to individual business accounts).
(e) Impersonating another user or otherwise falsifying one's user name in email, Usenet postings, on Internet
(f) Privacy violations: Attempts, whether successful or not, to gain access to any other system or users' private data without express consent of the user.
(g) Use of IRC bots or clonebots on ADS ENTERPRISES, whether on IRC servers controlled by ADS ENTERPRISES or by other parties. An IRC bot is a program that runs and is connected to an IRC server 24 hours a day, automatically performing certain actions.
(h) Network unfriendly activity: Attempts to interfere with the regular workings of ADS ENTERPRISES' systems or network connections or that adversely affect the ability of other people or systems to use ADS ENTERPRISES services or the Internet, including, but not limited to:
Any unauthorized attempts by a user to gain root access or access to any account not belonging to that user on any ADS ENTERPRISES system
Any use of ADS ENTERPRISES system as a staging ground to disable other systems
8. Excess Use of System or Network Resources
ADS ENTERPRISES account descriptions in some cases may specify limits on bandwidth, CPU, and disk use for certain types of customers, and use up to these limits is included in the price for that type of customer. In the event ADS ENTERPRISES determines that a customer is exceeding the bandwidth, CPU, and/or disk use limits, the customer will be notified by email. 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 use is determined by ADS ENTERPRISES to adversely affect ADS ENTERPRISES' 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 email as soon as practicable.
9. Compliance with Rules of Other Networks
Any access to other networks connected to ADS ENTERPRISES' Internet service must comply with the rules for that other network as well as with ADS ENTERPRISES' rules.
10. Monitoring/Privacy
ADS ENTERPRISES reserves the right to monitor any and all communications through or with ADS ENTERPRISES facilities. Customer agrees that ADS ENTERPRISES 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 ADS ENTERPRISES employees to examine system accounting logs and other records to determine if privacy violations or other network unfriendly activities have occurred. ADS ENTERPRISES also reserves the right to access a customer's mailbox or other files stored on ADS ENTERPRISES systems to resolve system problems or mail system errors.
11. Cooperation with Authorities
ADS ENTERPRISES 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, postin1gs or email containing threats of violence, or other illegal activity.
12. Confidentiality of Personal Subscriber Information
ADS ENTERPRISES 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 with jurisdiction.
Customer agrees that ADS ENTERPRISES' judgment as to the validity of any court order of subpoena shall be considered proper and final.
13. ADS ENTERPRISES' Right to Suspend or Cancel Account
ADS ENTERPRISES 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 ADS ENTERPRISES that the customer may be performing activities harmful to ADS ENTERPRISES or its customers, employees, vendors, business partners, relationship or other users of the Internet.
14. Right to Damages
ADS ENTERPRISES reserves the right to collect damages (software, hardware, and man hours) if any harm is done to ADS ENTERPRISES that requires repair or reconfiguration of any kind.
15. Other Remedies/Non-Waiver
Nothing contained in these policies shall be construed to limit action ADS ENTERPRISES may take or remedies available to ADS ENTERPRISES in any way with respect to any of the described conduct. ADS ENTERPRISES reserves the right to take any additional actions ADS ENTERPRISES 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 ADS ENTERPRISES service, and levying cancellation charges to cover ADS ENTERPRISES' costs in the event of disconnection for the causes outlined above. In addition, ADS ENTERPRISES reserves at all times all rights and remedies available to ADS ENTERPRISES 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 ADS ENTERPRISES reserves the right to enforce such policy or rule at its sole discretion.
16. ADS ENTERPRISES' Right to Change Service
ADS ENTERPRISES reserves the right to change without notice the ADS ENTERPRISES service, including, but not limited to, access procedures, hours of operation, structures, commands, documentation, vendors, and service offered.
17. ADS ENTERPRISES' Right to Modify its Acceptable Use Agreement
ADS ENTERPRISES may modify its Acceptable Use Agreement upon notice published online via ADS ENTERPRISES. Customer's use of ADS ENTERPRISES services after such notice shall constitute customer's acceptance of the modifications to these policies.
Questions should be directed to admin@ads-ent.com.
©2000 Copyright ADS ENTERPRISES All Rights Reserved.