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| Acceptable Use Policy (AUP) |
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LOGICAL Internet does have some restrictions on how its service may be used.
This document outlines how the service may be used.
Our acceptable use policy has been formulated with the following goals in mind:
- To maintain the highest quality of service for all of our customers.
- To protect our customers and ourselves from liability.
- To maintain the image and reputation of our customers and ourselves.
- To encourage the responsible use of Internet resources and to discourage practices which degrade the usefulness of Internet resources.
The acceptable use policy defines behavior with which LOGICAL Internet expects its customers to strictly comply while using our services.
We reserve the right to change this policy at any time, without notice. As such, we expect our customers to review this policy from time to time in order to maintain compliance.
To report violations of this AUP, please email .
1. Security
Circumventing security measures or interference with the services of another user, host, or network is explicitly prohibited.
This includes, but is not limited to, denial of service attacks, password cracking, use of security exploits, or using resources not allocated to you.
Customers will be held liable for any activity on, against, or otherwise related to their server, even if the customer did not initiate that activity.
2. High-risk services
High-risk services, which are services which tend to attract denial of service attacks, are strictly prohibited. This includes, but is not limited to, IRC related services and selling of shell accounts.
3. Mandatory Security Updates
LOGICAL Internet reserves the right to issue 'Mandatory Security Updates'. These are updates that the customer must apply as quickly as possible.
If the customer does not apply them within a reasonable amount of time, to be determined by LOGICAL Internet, then LOGICAL Internet will apply them for the customer at our standard hourly rate.
We only issue 'Mandatory Security Updates' when we find that an exploit is being so widely used, that it represents a threat to our network or the Internet in general.
4. Network Policies
Customers will be held liable for incorrect setting of netmasks, routes, or any other network configuration or programming issue which causes unnecessary broadcast or multicast traffic on our network, or denial of service, deliberate or not, caused by forging ARP queries or replies or by configuring IPs into their machine which were not assigned to their server.
Misconfiguration of network settings may result in disconnection of the server at fault from the network, and/or correction of the fault at the customer's risk and expense. Any loss of functionality caused by the attempted correction of the problem will be the customer's responsibility to solve.
IP allocation is governed by ARIN policy. Particularly, ARIN policy states that the use of IP addresses for IP based virtual hosts will not be accepted as justification for the allocation of new IP addresses. This means that you MUST use name based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use the IP addresses in violation.
To facilitate re-use of IP addresses, at the conclusion of a customer's contract, the customer is required to provide a copy of an authorized domain registrar (ie, Network Solutions/Verisign) records, showing that the customer's host name servers no longer are configured to use LOGICAL-owned IP addresses. This document must be delivered to LOGICAL within 10 days after the effective termination date. Failure to comply will result in fees for the continued use of the still-registered IP addresses.
5. Contact Information
Customers are responsible for maintaining their contact information in the ticketing system such that the email address is always reachable even in the event of their LOGICAL servers being shut down.
6. Unsolicited Bulk Email, and Messaging -- SPAM.
LOGICAL Internet strongly believes that UCE/UBE degrades the usability of Internet mail services everywhere, and thus any spam or spam support services are expressly prohibited from using our network.
This includes supporting the beneficiaries of spam in any shape or form, including, but not limited to, hosting DNS, web sites, or email addresses related to spam.
Distribution of spam-related software is also strictly prohibited.
Mailing lists must be true opt-in mailing lists. Before sending any email to a listed user, a confirmation email, with a tracking number, must be sent to the new subscriber, to which they must respond with a confirmation that they wish to be added to the list. You must keep these confirmations on file, so that in the case that a spam complaint is made against you, you have proof that the user did indeed opt-in. In addition, you must provide at least one easy way to opt out; see the MAPS guidelines (http://mail-abuse.org/rbl/manage.html) for details. Opt-out requests must be honored immediately.
If your server is used to send any email at all, it must also conform to RFC1123; in particular, it must accept mail for 'postmaster' and must accept bounces (which have a FROM address of '<>').
7. General legal compliance
Customers are prohibited from using LOGICAL Internet's services in order to engage in any activities which are, in LOGICAL Internet's sole discretion, unlawful, threatening, abusive, libelous, or would constitute a criminal offense, give rise to civil liability, or otherwise violate the laws of any applicable jurisdiction.
8. Facilitating violations, attempted violations, and the 'spirit' of the AUP.
Any activities that would facilitate or promote activities which violate this AUP will be considered violations of this AUP. Attempted violations will be treated as if they succeeded.
It is not possible to enumerate all possible violations of our AUP. We expect our customers to comply with the spirit of this AUP, particularly the four points at the beginning of this document.
9. Indemnification
You agree to indemnify LOGICAL Internet for any liability and loss incurred as a result of activities that occur within resources allocated to you by LOGICAL Internet.
10. Third parties
Any third party acting on your behalf must follow this AUP.
If you provide third parties with services, you must also present them with an AUP that complies with ours; you may also add your own policies if you desire, as long as they do not conflict with this AUP. In case of conflicts between AUPs, LOGICAL's AUP will take precedence over customers' AUPs.
11. Violation of this AUP.
- In addition to the indemnification clause, LOGICAL Internet will take actions to enforce this AUP.
- We may, at our discretion 'black hole' IP space violating our AUP.
- We may, at our discretion, completely disconnect servers and networks which are violating our AUP.
- We may, at our discretion, accelerate any contracts we hold with the customer responsible for the violation of this AUP.
- We may, at our discretion, completely terminate any and all services we provide to the customer responsible for the violation of this AUP.
- Customer agrees to cover all costs incurred by LOGICAL Internet as a result of AUP violations, and to additionally pay an administrative fee of $750 per violation, or $135 per hour for our time, whichever is greater.
12. Disclaimer
LOGICAL Internet reserves the right to discontinue service at any time for any reason.
You agree that LOGICAL Internet's responsibility for loss of data, delays, non-deliveries, wrong delivery, and any and all service interruptions shall be limited to credits described by the Service Level Agreement (SLA) included in your contract, and that the results of any invocation of any clause in this AUP shall not result in SLA credits.
If no Service Level Agreement is included in your contract, you agree that LOGICAL Internet has no liability.
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LOGICAL Internet may modify this agreement on an as needed basis by placing an update of this posting, and your continued use of our services following each updated posting shall be deemed to be your acceptance of any such modification. Furthermore, it is your responsibility to check the "Acceptable Use Policy" page of LOGICAL Internet regularly to determine whether this agreement has been modified. If you do not agree with the "Acceptable Use Policy" of LOGICAL Internet or any modifications to this Agreement, You must immediately stop using our services.
The entire content of this site is Copyrighted, and all rights are reserved. You may save to disk or print out individual or small selections of information contained within the site for your own use, provided that you do not collect multiple small selections for the purpose of replicating all or substantial portions of LOGICAL Internet. The LOGICAL Internet site may be displayed by you to limited numbers of persons provided that you do not charge for such a presentation and LOGICAL Internet is given full credit.
We provide Internet World Wide Web hosting, Marketing, and Development. We have certain legal and ethical responsibilities consisting with the use of its server and equipment involved in these services.
Our general policy is to act as a provider of Internet Presence. We have specific ethical concerns regarding the use of our computers detailed below. We reserves the right to suspend or cancel a customer's access to any or all services we provided when we decide that the account has been inappropriately used.
LICENSING AGREEMENT
BY USING THE WEBHOSTING OFFERED BY LOGICAL Internet YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, DO NOT USE THE WEB HOSTING OFFERED BY LOGICAL Internet.
GRANT. LOGICAL Internet hereby grants you a non-exclusive, non-transferable, limited license to access LOGICAL Internet's network and a non-exclusive license to use its accompanying software product's (if any) and accompanying documentation on the following terms:
TITLE. Title, ownership rights, and intellectual property rights in and to any Software or Documentation shall remain with LOGICAL Internet and/or its suppliers. The Software is protected by the copyright laws of the United States and international copyright treaties. Title, ownership rights, and intellectual property rights in and to the content accessed through the Software or through LOGICAL Internet's Services is the property of the applicable content owner and may be protected by applicable copyright or other law. This License gives you no rights to such content.
You retain any rights you may have to data posted by you to the Internet.
NO ASSIGNMENT. The benefits or rights conferred by this agreement are non-transferable and non-assignable. The connectivity provided is expressly limited to you. Resale or use of this connection by other person or persons is prohibited.
CONTENT:
All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening, obscene, demeaning to others, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold us harmless from any claims resulting from the use of the service which damages the subscriber or any other party.
NOTE: Pornography and sex-related merchandising are prohibited on all servers. This includes sites that may infer sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the internet. Links to such materials are also prohibited.
In addition any site selling or promoting Bulk email services is not allowed.
Examples of non-acceptable content or links:
- Pirated software
- Hackers programs or archives
- Warez Sites
- Irc Bots
- Mp3
We will be the sole arbiter as to what constitutes a violation of this provision.
CGI SCRIPTS:
Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal server operation without prior warning.
REFUSAL OF SERVICE:
We reserve the right to refuse or cancel service at our sole discretion.
ALLOWABLE USE. LOGICAL Internet's Services may only be used for lawful purposes. Transmission of any material in violation of any federal or state statute or regulation is prohibited. This includes, but is not limited to, copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret. The posting of copyrighted software without proper authorization (commonly referred to as Warez) and/or the posting of software access codes (commonly referred to as Cracks) will be cause for account cancellation with forfeiture of prepaid fees. You agree to indemnify and hold harmless LOGICAL Internet from any claims resulting from your use of LOGICAL Internet service.
All Unix shell accounts provided by LOGICAL Internet may only be used interactively while connected to our servers. They may not be used to run processes unattended or while not connected to our servers including, but not limited to, any IRC bot, cron job, or screen.
Commercial advertising is an accepted and welcome use of the Internet. However, there are appropriate and inappropriate places for Internet advertising. Unsolicited commercial advertisements are not allowed in email, and will result in account
suspension or cancellation and fines as stated in Additional Charges.
Commercial advertisements are unwelcome in most Usenet discussion groups and on most email mailing lists. Inappropriate posting may result in account suspension or cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unacceptable and will be treated as such. Sending a message, especially an advertisement, to more than five or six recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. Email is a person-to-person medium, not a broadcast medium.
You agree to abide by LOGICAL Internet's policies concerning use of LOGICAL Internet's Services. Unsolicited advertisements via email, or via discussion groups whose charter does not explicitly allow advertisements, is specifically not an allowable use. LOGICAL Internet reserves the right to suspend access to service for your account(s) upon an indication of disallowed use or credit problems including delinquent payments or rejection of credit card charges. If an account is suspended twice, it will be closed permanently.
RESPONSIBILITY FOR ACCOUNT USE. You are responsible for all use of your account(s) and confidentiality of password(s). LOGICAL Internet will suspend or change access upon notification that your password has been stolen, lost or otherwise possibly compromised. LOGICAL Internet is not responsible for your personal files residing online on LOGICAL Internet-owned and controlled computers. You shall be responsible for independent backup of your data stored online. You shall be responsible for all access to and use of LOGICAL Internet's Services by your personnel or by means
of your equipment, whether or not you have knowledge of or authorize such access or use.
If subscriber is less than 18 years of age, the application must be signed and these terms agreed to by a parent or legal guardian, who is responsible for all charges related to the use of subscriber's account(s).
UNAUTHORIZED USE OF ACCOUNT. LOGICAL Internet will strongly react to any use or attempted use of an account or computer without the owner's authorization. Such attempts include "social engineering" (tricking other people into releasing their passwords), password cracking, security hole scanning, denial-of-service attacks (ping-flooding, sending packets with an illegal packet size, UDP flooding, half-open TCP connection flooding, etc.) and the like.
Harassment or abusive use of email and other Services is a rare but serious misuse of Internet resources. LOGICAL Internet will handle incidents of harassment on a case-by-case basis, consulting with all parties involved. Any unauthorized use of accounts or computers by a LOGICAL Internet customer, whether or not the attacked account or computer belongs to LOGICAL Internet, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and legal action, according to the seriousness of the attack.
LIMITATIONS ON RESOURCE USAGE. LOGICAL Internet reserves the right to impose limits on the total amount of disk space and other resources available for your use on LOGICAL Internet-operated computers. Account users are subject to a limit of disk space for all their disk usage, including incoming mail files and personal Web pages. LOGICAL Internet reserves the right to remove files that exceed this limit. LOGICAL Internet reserves the right to delete without notice personal files that have not been accessed for more than three months.
EMAIL PRIVACY. Electronic mail passes through multiple mail servers on the Internet as it passes from source to destination. One can never be guaranteed privacy from every possible mail server; therefore, someone seeking total privacy should use some encryption scheme to render their messages unreadable by eavesdroppers. With regards to LOGICAL Internet's mail servers, LOGICAL Internet places a high value on privacy, and will only examine users' mail when absolutely required, for example when troubleshooting email delivery problems or being presented with a search warrant for the information.
ILLEGAL MATERIAL. LOGICAL Internet bears certain legal liabilities for the use of its computer network and equipment. As such LOGICAL Internet must require that its customers do not use LOGICAL Internet's network for illegal purposes. When presented with a search warrant, LOGICAL Internet is obligated to release any information named therein, and will cooperate with the authorities in any criminal investigation of inappropriate Internet usage.
However, LOGICAL Internet recognizes that the legal status of the Internet has not yet been resolved satisfactorily, either through legislation or court precedent. Therefore LOGICAL Internet must make certain decisions regarding the illegality of various specific actions. Among the actions LOGICAL Internet considers illegal and therefore not allowed on its network are: unauthorized distribution of copyrighted material; exploitation of minors; and unauthorized use of computer resources. LOGICAL Internet 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, and that any attempt to infringe upon those rights is void of legitimacy.
WEB SERVICE. LOGICAL Internet provides service and hosts web pages for a fee. In all cases, the Web pages reside on LOGICAL Internet's computer equipment, giving LOGICAL Internet some ethical responsibility for the content of such pages. LOGICAL Internet will handle potentially inappropriate Web pages on a case-by-case basis. Examples of inappropriate information include downloadable virus code and obscenity.
Domain name service is an additional service if that is desired. You are responsible to domain name registration authorities for any fees they may charge.
LOGICAL Internet grants you a non-exclusive, nontransferable, limited license to store documents on a LOGICAL Internet World Wide Web server, and to use the server at burst bandwidth speeds up to LOGICAL Internet's full capacity. Sustained average bandwidth usage, as measured by LOGICAL Internet, over the course of any month, shall not exceed the designated account amount usage limit. LOGICAL Internet shall notify you if this limit is exceeded, after which you have three (3) days to lower the bandwidth usage or incur an additional charge per month per usage over the designated account amount usage limit.
The term "Bandwidth" is defined as: The total additive amount of data downloaded from sites on LOGICAL Internet's servers that comprise a single billing group. For billing purposes, this is generally considered to be monthly.
The term "unmetered Bandwidth" implies that the data transfer is not charged on a metered basis so long as it remains within reasonable expectations. LOGICAL Internet considers each account limit a reasonable expectation for its servers. Accounts whose total Bandwidth is in excess of this expectation will be addressed on an individual basis. (see (Abuse of unmetered Traffic")
Abuse of unmetered Traffic:
LOGICAL Internet's customers are privileged to be offered unmetered traffic for their web sites. The intention of LOGICAL Internet is to provide a large space to serve web documents, not an offsite storage area for electronic files. All (90%) of your web pages (html) must be 'linked' with files (.GIF, .JPEG, etc.) stored on LOGICAL Internet's server. Web sites that are found to contain either/or no html documents, a large number of unlinked files
are subject to warning, suspension or cancellation at the discretion of LOGICAL Internet management. Any customer who violates LOGICAL Internet's Policies in abusing site transfer will be notified and given 2 days to remedy the problem. If the problem is not resolved within the alloted 2 day period, the client will be billed for the overages.
Unmetered Traffic does not apply to any domain account consuming 10% or more of systems resources. Following are a list of sites that will often require more than 10% of our systems resources: domains with archives or galleries, (i.e. .gif, .jpg, .exe, .zip, .tar, etc.), and domain accounts offering download files. We are not saying that your web site can not contain such files, however if at any time they consume 10% or more of our systems resources you will be contacted to resolve the problem.
To maintain the integrity of our service the following limitations apply:
- Sites with Banners, graphics or cgi scripts running from their domain used on other domains.
- Sites with picture galleries (This is any site where 50% of the files transferred is graphics)
- Sites offering download files or archives. (This is any site where 50% or more of there monthly traffic is from file downloads)
- Sites using more than 30% of system resources
For all accounts, traffic will be monitored each month. If you exceed the per account limit on data transfer an additional cost based of $10.00/1GB/month will be billed to your account.
LOGICAL Internet will be the sole arbiter as to what constitutes a violation of this provision.
BILLING FOR ALL ACCOUNTS. LOGICAL Internet will accept credit card, check, or cash payments for services. Accounts are billed in advance at the beginning of each physical month. Credit cards will be charged on or around the 1st day of each renewal for any accounts that are to be paid by credit card. You will be notified on or around the 5th day after the billing if your credit card was declined for any reason. LOGICAL Internet will send a friendly reminder via email to all customers who have a balance due after 5 days. Payments are due on the date of renewal. All accounts with a balance after 15 days will be charged a $10 late fee and suspended. Accounts will be reactivated when payment is made in full. Any accounts with a 45-day balance will be closed and sent to collections.
You agree to pay LOGICAL Internet all charges relating to use of your account(s) according to rates and prices published online at the time of use. You are responsible for charges from the application date until the account is closed and LOGICAL Internet may apply the amount due to your credit card at any time. You are solely responsible for informing LOGICAL Internet of all new customer contact and billing information including new expiration dates on your listed credit card, no remaining credit on the credit account, new credit card numbers, address and phone number changes. LOGICAL Internet will however send an email reminder to you if your credit card expires in an ensuing month. You are solely responsible for notifying LOGICAL Internet if you would like to cancel your account. Charges will continue to accrue until notice is given. You are responsible for payment through the end of the cancellation month. LOGICAL Internet will charge an additional fee per invoice if you request invoices by U.S. mail.
PAYMENT POLICY:
All accounts are set up on a pre-pay basis. Setup fees are charged for all new accounts and major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment. We reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies us in writing for a request for termination of services. All payment is in U.S. currency.
CHARGES. Charges for LOGICAL Internet's Services shall be as stated in the Service Application, or as otherwise agreed in writing by the parties, and shall be payable by you commencing no later than one business day after receipt of application by LOGICAL Internet.
All pre-paid plans are non-refundable. The fee paid assumes that you do not use services beyond those supplied by your plan and do not incur any additional service charges to your account. If you do incur any charges, this amount will be applied to your account. All listed charges are exclusive of sales, use and other taxes, which are your responsibility.
ADDITIONAL CHARGES. LOGICAL Internet will charge $25 for all returned checks. A service charge of $10.00 will be assessed on late payments. You are liable for any and all attorney fees, court costs, and collection agency fees or commissions if LOGICAL Internet has to resort to these methods in order to collect debts owed to LOGICAL Internet. You agree to pay LOGICAL Internet its reasonable expenses, including attorney fees, incurred in enforcing its rights under this Agreement.
Extra email address accounts are for email use only. You agree to pay a fine of $500 for flagrant disregard of allowable use policies including sending unsolicited commercial email, spam, or via discussion groups whose charter does not explicitly allow advertisements. It is at LOGICAL Internet's sole discretion what constitutes such flagrant disregard of allowable use. If a customer wishes to be invoiced via U.S. postal service, LOGICAL Internet will charge $5 per month for this service. Any changes in accounts may be subject to a change fee.
RELATED CHARGES. You are responsible for any local or long distance phone charges accrued in connecting to LOGICAL Internet. You are responsible for equipment, including computer hardware and software, used in connecting to LOGICAL Internet.
CANCELLATION:
We reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by us if we institute the right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.)
All of our web hosting plans are backed by a 30 day money back guarantee. If you are not completely satisfied with our services or support within the first 30 days of your contract, you will be given a full refund of the contract amount excluding setup fees and overages. Setup fees are refundable only if the account order is canceled prior to activation. This policy does not apply to any additional services such as overages, additional disk space, additional pop accounts, etc. Due to security concerns, all account cancellations must be done in writing via US mail with a valid signature of the primary contact of the account, account name, reason for cancellation. Phone requests will not constitute acceptance of any cancellation. Payment will be made by company check within 15 days of receipt of cancellation.
TERM AND TERMINATION. This Agreement shall become effective on the date the service application is entered into LOGICAL Internet's system (no later than the end of one business day after receipt of application). LOGICAL Internet, at its sole discretion, may terminate this Agreement immediately or suspend your access to the service upon any breach of this Agreement by you.
You are responsible for notifying LOGICAL Internet, in writing, of your wish to terminate your account, if so desired. All notices shall be sent to:
LOGICAL Internet Inc.
P.O. Box 6714
Longview, TX 75608
Charges will continue to accrue until your notification to LOGICAL Internet of account termination, or until your account is suspended due to late payment. After 45 days of nonpayment, LOGICAL Internet will close your account; you will then be required to re-subscribe according to policies in effect at that time in order to continue service.
Licenses granted hereunder will terminate automatically if you fail to comply with the limitations described herein. On termination, you must destroy all copies of any Software or Documentation.
LIMITATION OF LIABILITY. LOGICAL Internet exercises no control whatsoever over the content of the information accessed through LOGICAL Internet's Services. LOGICAL Internet's Services are provided on an as-is basis, without warranty of any kind, expressed or implied, including, but not limited to, the warranties of performance, merchantability and fitness for a particular purpose. LOGICAL Internet and/or contributors shall have no liability whatsoever to you for any claim(s) relating in any way to (i) your inability or failure to perform research or related work or to work properly or completely, or (ii) any lost profits or consequential, exemplary, incidental, indirect or special damages relating in whole or in part to your rights hereunder or use of, or inability to use, LOGICAL Internet's Services. LOGICAL Internet will not be responsible for any damage suffered by you, including, but not limited to, loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions caused by its own negligence or your errors or omissions. Use of any information obtained via LOGICAL Internet's Services is at your sole risk. LOGICAL Internet specifically disclaims any responsibility for the accuracy or quality of information obtained through LOGICAL Internet's Services.
Under no circumstances and under no legal theory, tort, contract, or otherwise, shall LOGICAL Internet or its suppliers or resellers be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, work- stoppage, computer failure or malfunction, or any and all other commercial damages or losses, or for any damages, even if LOGICAL Internet shall have been informed of the possibility of such damages, or for any claim by any other party. This limitation of liability shall not apply to liability for death or personal injury to the extent applicable law prohibits such limitation. Furthermore, some states do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you.
INDEMNIFICATION:
Customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against us, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold us harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with our servers; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from our servers.
EXPORT CONTROLS. None of the Software or underlying information or technologymay be downloaded or otherwise exported or reexported (i) into (or to a national orresident of) Cuba, Iraq, Libya, North Korea, Yugoslavia, Iran, Syria or any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list. In addition, if the licensed Software is identified as a not-for-export product (for example, on the box, media or on the installation process), then the following applies: except for export to Canada for use in Canada by Canadian citizens, the Software and any underlying technology may not be exported outside the United States or to any foreign entity or "foreign person" as defined by U.S. Government regulations, including without limitation, anyone who is not a citizen, national or lawful permanent resident of the United States. By downloading or using the Software, you are agreeing to the foregoing and you are warranting that you are not a "foreign person" or under the control of a foreign person.
EFFECT OF AGREEMENT. This Agreement (which shall include the current and future Schedules hereto) represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. The acceptance of any purchase order placed by you is expressly made conditional on your assent to the terms set forth herein, and not those contained in your purchase order.
MODIFICATION OF TERMS AND CHARGES. LOGICAL Internet reserves the right to change rates or otherwise modify provisions of this Agreement by notifying you at least thirty (30) days before the effective date of the change, by written or online notice. Your use of LOGICAL Internet's Services after such notice shall constitute your acceptance of the modifications to this Agreement.
FORCE MAJEURE. LOGICAL Internet's performance hereunder is subject to interruption and delay due to causes beyond its reasonable control such as acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or labor disputes, inability to obtain necessary supplies and the like.
SEVERABILITY. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and all other provisions are unaffected.
NOTICES. Except as otherwise provided herein, all notices hereunder shall be given in writing as follows:
LOGICAL Internet Inc.
P.O. Box 6714
Longview, TX 75608
GOVERNING LAW. This Agreement shall be governed by and construed under the laws of the state of Texas, except as governed by Federal law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly included.
WAIVER. Failure of any party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision.
U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication or disclosure of Software and Documentation by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or at 252.211-7015, and in similar clauses in the NASA FAR Supplement.
All Sub-Networks, resellers and dedicated servers of ours must adhere to the above policies.
Failure to follow any term or condition will be grounds for immediate account deactivation.
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