Policy:Terms of Service
This is copied with permission from Chris Aker, from Linode.com, and is DRAFT.
- 1 Terms of Service
- 1.1 Use of Services
- 1.2 Acceptable Conduct
- 1.3 Prohibited Usage
- 1.4 Invoicing and Payment
- 1.5 Membership Cancellation or Suspension
- 1.6 Limitation of Liability
- 1.7 Disclosure to Law Enforcement
- 1.8 Warranty Disclaimer
- 1.9 Indemnity
- 1.10 Notice
- 1.11 Entire Agreement
- 1.12 Choice of Law and Forum
- 1.13 Waiver and Severability of Terms
- 1.14 Statute of Limitations
Terms of Service
ReverseSpace agrees to furnish services to the Member, subject to the following Terms of Service. Use of ReverseSpace's service constitutes acceptance and agreement to ReverseSpace's Terms of Service.
ReverseSpace reserves the right to modify the Terms of Service without notice.
Use of Services
You may use our services, provided that you are of legal age to form a binding contract and are not barred from receiving such services under the laws of the United States or other jurisdictions. In order to access our services, you are required to provide current and factual identification, contact, and other information as part of the membership application process. You agree to immediately notify ReverseSpace of any unauthorized use of your membership or any other breach of security. ReverseSpace will not be liable for any loss or damage as a result of your failure to provide us with accurate information or to keep your membership secure.
You are responsible for the actions of all users of your projects and any data that is created, stored, displayed by, or transmitted by your projects while using ReverseSpace. You will not engage in any activity that interferes with or disrupts ReverseSpace's services or networks connected to ReverseSpace.
You agree that any of the below activities are considered prohibited usage and will result in immediate membership suspension or cancellation without a refund and the possibility that ReverseSpace will impose fees; and/or pursue civil remedies without providing advance notice.
Misuse of System Resources
Intentional misuse of system resources, including but not limited to employing programs that consume excessive network capacity, CPU cycles, or disk IO.
Spam and Unsolicited Bulk Email (UBE)
ReverseSpace has a zero tolerance policy on spam, Junk E-mail or UBE. Spam, Junk-mail and UBE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested the message. UBE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of ReverseSpace whether or not the message actually originated from our network.
ReverseSpace's mass mailing rules also apply to mailing lists, list servs, or mailing services you may contract with. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for your e-mail information or that has made their e-mail address available for distribution of information from you. The list must also allow for automatic removal of recipients with non-distribution in the future.
Access to Other Computers or Networks without Authorization
Attempting unauthorized and/or illegal access of computers, networks and/or accounts not belonging to party seeking access. Any act which interferes with the services of another user or network. Any act relating to the circumvention of security measures.
You agree not to place any of the following content on a ReverseSpace system: Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State or Local regulation. Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of ReverseSpace. Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material. Bad Taste - Any content that might be considered to be in bad taste and could offend a general audience. The designation of "bad taste" is left entirely to the discretion of ReverseSpace.
ReverseSpace and the services it provides 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 other intellectual property rights. ReverseSpace's services may not be used to facilitate infringement of these laws in any way.
Other Activities viewed as Illegal or Harmful
Engaging in illegal activities or engaging in activities harmful to the operations of ReverseSpace or ReverseSpace's members.
Providing False Data on any Contract or Application, including fraudulent use of credit card numbers.
ReverseSpace maintains logging of traffic exiting the ReverseSpace-controlled network. Members are responsible for the contents of network traffic exiting their project. Any usage that prompts the receipt of abuse complaints pertaining to violation of United States and/or international copyright law must be promptly discontinued to avoid service cancellation for violation of these terms.
Invoicing and Payment
You agree that ReverseSpace shall be permitted to (accept membership dues payment) on a monthly, annual, or other agreed upon basis in advance of providing services. Payment is due upon invoicing. Membership may be interrupted on accounts that reach 10 days past due. Accounts that are not collectable by ReverseSpace may be turned over to an outside collection agency for collection.
Member is aware that ReverseSpace may prospectively change the specified rates and charges from time to time.
ReverseSpace is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by ReverseSpace. Currency exchange settlements will be based on agreements between you and the provider of your credit card. Pro-rated credits are issued for unused services when member retains any active service. Pro-rated refunds are issued if member does not retain any active service and they are specifically requested via the cancellation form. All refunds are subject to a $5.00 service charge unless cancelling within the 7 day money-back guarantee period.
Membership Cancellation or Suspension
ReverseSpace reserves the right to suspend access to ReverseSpace to any member if, in the judgment of the ReverseSpace directorship, the member's project is the source or target of a violation of any of the other terms of service or for any other reason which ReverseSpace chooses. ReverseSpace will use reasonable care in notifying the Member and in resolving the problem in a method resulting in the least amount of service interference. ReverseSpace reserves the right to terminate membership without notice for continued and repeated violations of the terms of service. If inappropriate activity is detected, all access of the Member in question will be deactivated until an investigation is complete. Prior notification to the Member is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The member will not be credited for the time the member's access was suspended.
If at any time it becomes necessary for ReverseSpace to cancel a member's access without cause, ReverseSpace will provide 30 days advance notice.
You may terminate membership at any time (method of notification to ReverseSpace of membership termination). Memberships are canceled immediately after confirmation. Cancellation of service does not relieve Member of responsibility for the payment of all accrued charges.
Limitation of Liability
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of ReverseSpace and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that ReverseSpace shall not be liable for any damages arising from such causes beyond the direct and exclusive control of ReverseSpace. Subscriber further acknowledges that ReverseSpace's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall ReverseSpace be liable for any special or consequential damages, loss or injury. ReverseSpace is not responsible for any damages your business may suffer. ReverseSpace does not make implied or written warranties for any of our services. ReverseSpace denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by ReverseSpace.
Disclosure to Law Enforcement
The Terms of Service specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that ReverseSpace may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any court who sends us a valid Court Order, without further consent or notification to the Subscriber. In addition, ReverseSpace shall have the right to terminate all service set forth in this Agreement.
You agree that your use of ReverseSpace shall be at your sole risk. All services provided by ReverseSpace are available as is, without warranty.
ReverseSpace wishes to emphasize that in agreeing to the ReverseSpace Terms of Service, member indemnifies ReverseSpace for any violation of the Terms of Service that results in loss to ReverseSpace or the bringing of any claim against ReverseSpace by any third-party. This means that if ReverseSpace is sued because of a member's or a member of a member's activity, the member will pay any damages awarded against ReverseSpace, plus all costs and reasonable attorney's fees.
You agree that ReverseSpace may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on ReverseSpace services.
The Terms of Service (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and ReverseSpace and govern your use of ReverseSpace services, superceding any prior agreements between you and ReverseSpace for the use of ReverseSpace services.
Choice of Law and Forum
The Terms of Service and the relationship between you and ReverseSpace shall be governed by the laws of the Commonwealth of Virginia without regard to its conflict of law provisions. You and ReverseSpace agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Fairfax, Virginia.
Waiver and Severability of Terms
The failure of ReverseSpace to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the party's intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of ReverseSpace services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.