CarolinaGeeks makes no warranties of
any kind, whether express or implied, for the service it
is providing. CarolinaGeeks also disclaims any
warranty of merchantability or fitness for a particular
purpose. CarolinaGeeks will not be responsible
for damages suffered by any Customer, including, without
limitation, incidental or consequential damages or lost
profits. This includes loss of data resulting from delays,
non-deliveries, misdeliveries, system failures or service
interruptions caused by any source whatsoever, including
CarolinaGeeks's
own negligence, subscriber's errors or omissions, or due
to the fault of third parties. Customers understand and
agree that CarolinaGeeks undertakes no obligation
to maintain, protect or safeguard Customer's data stored
on any CarolinaGeeks equipment and Customer
agrees to accept responsibility for maintaining backup
copies of all such data. Customer agrees to upload and
store data to CarolinaGeeks equipment at
Customer's own risk and Customer expressly assumes such
risk.
2. Compliance with Law and Intellectual
Property Rights
Customers and System Users agree that all
services provided by CarolinaGeeks will be used
only for proper legal purposes and in a lawful manner.
Transmission or publication of any information, data or
material in violation of any U.S., State or international
law or regulation is strictly prohibited. This includes,
but is not limited to, material protected by copyright,
trademark, trade secret law or any other law, as well as
threatening, offensive, harassing, obscene or pornographic
material or content. Customers and System Users warrant
that any data uploaded for publication on CarolinaGeeks's
web servers does not violate or infringe any copyright ,
trademark, patent, statutory common law or proprietary
interest of others or contain anything obscene or
libelous.
3. Removal and Destruction of Illegal
or Offensive Data
Customers and System Users agree that CarolinaGeeks
shall have the absolute right to remove any and all
materials which, in the sole and unrestricted discretion
of CarolinaGeeks, violate law or fail to conform with
this Agreement and the acceptable uses described herein.
Such materials may be removed and destroyed at any time,
without prior notice.
4. Indemnity
Customers and System Users agree to
defend, hold harmless and expeditiously indemnify CarolinaGeeks
from any liability, claim, loss, damage or expense arising
out of the Customer's or System User's breach or violation
of any term, condition or covenant contained in this
Agreement or resulting from the use of any CarolinaGeeks
system, network or service.
5. Use of Network Access
CarolinaGeeks web server accounts
cannot be transferred or used by anyone other than the CarolinaGeeks
Customers or authorized System Users. Customers and System
Users may not sell, lease, rent or assign an Internet
connection or parts of the connection to any party without
the express, prior written approval of CarolinaGeeks.
Use of Network bandwidth is expected to be reasonable and
moderate. CarolinaGeeks reserves the right to impose
additional charges for use of Network bandwidth in
excess of reasonable or allocated amounts. Customer will receive
advanced notice of CarolinaGeeks's intent to
impose any such charges.
6. Account Cancellation
CarolinaGeeks reserves the right
to cancel service for any reason without prior notice. In
case of cancellation, unused fees for the current month
will not be refunded nor pro-rated. Customers must notify CarolinaGeeks
in writing to cancel service. Customers canceling service
during the money back guarantee period (within 30 days of
initial signup) will have their monthly service fee
fully refunded.
7. Agreements with Minors
CarolinaGeeks requires that its
agreements be made with a person who is qualified to
contract. As such, Customers must be over the age of
eighteen (18) years. Otherwise, a parent or guardian must
accept this agreement and assume responsibility for
payment of CarolinaGeeks services and for
Customer's compliance with this Agreement.
8. Disruption of Network Services,
Excessive Use
Customers and System Users shall ensure
that use of CarolinaGeeks's network services shall not
disrupt CarolinaGeeks, its associated networks or
equipment forming part of CarolinaGeeks's or the
internet's systems. Customers and System Users shall not
transmit any communication where the meaning of the
message, or its transmission or distribution, would
violate any applicable law or regulation or would likely
be offensive to the recipient thereof. No message may be
mass distributed, "broadcast," or otherwise sent
on an intrusive basis to any CarolinaGeeks user
or to any directly or indirectly attached network. Use of CarolinaGeeks's
Internet connection in a manner that is disruptive,
damaging, unlawful, offensive, or intrusive as determined
by CarolinaGeeks shall be considered a breach of
this Agreement and may result in cancellation of service.
It is not acceptable to use CarolinaGeeks's services
and facilities to interfere with or disrupt other network
users, services or equipment. Such interference or
disruption includes, but is not limited to: - improper,
harassing or offensive distribution of unsolicited
advertising, - excessive newsgroup cross-posting, -
transmissions of any type or quantity that causes
disruption of service to others, - propagation of computer
worms or viruses, - use of the network to make
unauthorized entry to other computer networks, information
or communications devices or resources, - sustained,
excessive use of CarolinaGeeks's equipment or
network connection without prior arrangement with CarolinaGeeks.
9. Automated Software and Connections
The installation, compiling, use, or
implementation of any of the following are prohibited
without express permission: Robots, Bots, Mail Bombs, Syn
Bombs or Attacks, Spamming of any kind, etc. Any process
that causes excessive use of system resources to the point
where other users may be affected is strictly prohibited.
Software may not be installed on or compiled on any CarolinaGeeks
server without prior explicit permission. The use of any
unattended connection software is prohibited without prior
permission. Any violation may result in immediate
termination of service.
