By setting up your account at ElviCities™, you and/or your company are bound to the terms of the following service contract. Please read through it.ElviCities™ non-client liability and public opinion provisions:
Static content of the websites created within the "ElviCities™ Group" are the sole responsibility of the web-site owner/client. Any legal recourse deemed necessary shall fall on the site owner and onto not ElviCities™ or its staff. This includes both the free and paid hosting products "plans" offered by the "ElviCities™ Group"
"No Webmaster or "client" who is part of the "ElviCities™ Group" are legally or personally liable for the views and opinions of others expressed on a public forum. The Webmaster or "Client", and the "ElviCities™ Group" are not responsible for any costs (legal or otherwise), demands, losses or claims made towards the "ElviCities™ Group" or any Webmaster "Client" arising from such a situation.
The views and opinions expressed by non-contracted members "the users" are not the views expressed by the Webmaster or "client". Any legal recourse to be taken in these matters will explicitly involve the non contracted members "The users" and not the webmaster-"client", ElviCities™ or its staff."
Provision added: 7/26/2006
ElviCities™ Contract for Data Storage and Transfer:
The following Agreement is by and between ElviCities™ ("The ElviCities™ Group") and the web hosting client.
The agreement is effective as of time of submission of the web hosting registration form.
WHEREAS, ElviCities™ is an information provider connected to the Internet. ElviCities™ offers storage and transfer services over the Internet through access to its Internet Servers;
WHEREAS, Client seeks to utilize ElviCities™ services for its own purposes;
WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, ElviCities™ can make no guarantee that any given reader shall be able to access ElviCities™ servers at any given time. ElviCities™ represents that it shall make every good faith effort to ensure that its servers are available as widely as possible and with as little service interruption as possible;
THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows:
Material and Products:
1. Client will provide ElviCities™ with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of ElviCities™. ElviCities™ shall make no effort to validate this information for content, correctness or usability.
2. Use of ElviCities™ service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Client Webspace by the Client.
3. ElviCities™ will exercise no control whatsoever over the content of the information passing through the network. ElviCities™ makes no warranties or representations of any kind, whether expressed or implied, for the service it is providing. ElviCities™ also disclaims any warranty of merchant- ability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Client. Use of any information obtained by way of ElviCities™ is at the Client own risk, and ElviCities™ specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to servers and do not represent guarantees of avail- able end to end bandwidth. ElviCities™ may, at its option and at any time, reject this material, including but not limited to after it has been put on ElviCities™ server. ElviCities™ agrees to notify the Client immediately of its refusal of the material and afford Client the opportunity to amend or modify the material to satisfy the needs and/or requirements of ElviCities™. If the Client fails to modify the material, as directed by ElviCities™, within a reasonable period of time, which shall be determined by ElviCities™, the Agreement shall be deemed to be terminated.
Hardware, Equipment & Software:
The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access ElviCities™. ElviCities™ makes no representations, warranties or assurances that the Customer equipment will be compatible with the ElviCities™ service.
The Client certifies that he or she is at least 14 years of age.
Electronic forums such as mail distribution lists and UseNet news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of ElviCities™ may not be used to impersonate another person or misrepresent authorization to act on behalf of others or ElviCities™. All messages trans- mitted via ElviCities™ should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access. Clients are not permitted to commit "spam" (unsolicited bulk mailing) or other similar activities using ElviCities™ servers, or "spam" thorough other servers promoting the Client site on ElviCities™ servers.
The Client agrees to reasonable server CPU, memory, as well as bandwidth use to be determined by ElviCities™.
This Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice. Notwithstanding the above, ElviCities™ may terminate service under this Agreement at any time, without penalty, if the Client fails to comply with any of the terms of this Agreement.
1. Client expressly agrees that use of ElviCities™ Server is at Client sole risk. Neither ElviCities™, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that ElviCities™ Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the ElviCities™ Server service, unless otherwise expressly stated in this Agreement.
2. Under no circumstances, including negligence, shall ElviCities™, its offices, agents or any one else involved in creating, producing or distributing ElviCities™ Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the ElviCities™ Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God or Nature, communication failure, theft, destruction or unauthorized access to ElviCities™ records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on ElviCities™ service.
Client may only use ElviCities™ Server for lawful purpose. Trans- mission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets. This also includes links or any connection to such materials.
Client agrees that it shall defend, indemnify, save and hold ElviCities™ harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees ("liabilities") asserted against ElviCities™, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless ElviCities™ against Liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with ElviCities™ Server, any improper use of the Client account under any circumstances, and any defective product which Client sold via ElviCities™ services.
Revisions to this Contract will be applicable to previous Contracts.
This Agreement constitutes the entire understanding of the parties. Any changes or modifications to this Contract thereto are agreed to by the both parties upon renewal of services.
This Agreement shall be governed and construed in accordance with the laws of the State of Tennessee, Memphis