Point In Space
Terms of Service and Acceptable Use Policy
(last revised 10/02/2012)
This Acceptable Use Policy constitutes an Agreement between Point In Space Internet Solutions ("Point In Space") and it's account holders ("Clients"). This Agreement applies to all Point In Space Clients, represents the complete agreement and understanding between Point In Space and its Clients and supersedes any other written or oral agreement.
This agreement shall be binding and effective upon the establishment of the account and will remain in effect until terminated by either party. Account charges will be billed at the rates posted on Point In Space's web site on the date of original account registration. Any payment received for services constitutes Client's acceptance of charges and request for service for the duration stated on each invoice. No partial refunds will be given for unused service. The Client may cancel service by notifying Point In Space with 30 days notice. If the Client terminates this agreement, he/she is still responsible for any remaining account charges outstanding. Point In Space reserves the right to terminate this agreement at any time.
Point In Space may modify or amend this agreement at any time with notice to the Client via E-mail or other media (including this web site). The Client may not change or amend this agreement at any time. Point In Space reserves the right to discontinue or change services offered without notice. Point In Space reserves the right to transfer this agreement to a third party.
USE OF YOUR ACCOUNT CONSTITUTES YOUR APPROVAL AND ACCEPTANCE OF THIS AGREEMENT. ACCEPTANCE OF THIS AGREEMENT IS A CONDITION TO USE OF THE POINT IN SPACE NETWORK SYSTEM. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT PERMITTED TO USE THE POINT IN SPACE NETWORK SYSTEM. IF YOU ARE AN ACCOUNT CUSTOMER, PLEASE NOTIFY OUR BILLING DEPARTMENT AT 1-919-338-8198 SO WE CAN INITIATE CLOSURE OF YOUR ACCOUNT.
TERMS AND CONDITIONS OF ACCEPTABLE USE
Client agrees to indemnify and hold harmless Point In Space, Point In Space's affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer's services in violation of applicable law or the AUP by Client or any person using Client's log on information, regardless of whether such person has been authorized to use the services by Client.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Point In Space AGAINST LIABILITIES ARISING OF:
- (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH Point In Space's SERVER.
- (2) ANY MATERIAL SUPPLIED BY THE 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 Point In Space's SERVER.
Due to the public nature of the Internet, all information should be considered publicly accessible, and important information or private information should be treated carefully. The Client is solely responsible for usage of Point In Space's service. Any statement made on or information posted to a site using Point In Space's service may be deemed a "publication" of the Client. THE CLIENT HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON POINT IN SPACE THROUGH CLIENT'S ACCOUNT(S) WILL NOT VIOLATE OR INFRINGE AND COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON LAW OR PROPRIETARY RIGHTS OF OTHERS, OR CONTAIN ANYTHING OBSCENE OR LIBELOUS.
The Client agrees to use Point In Space's service at his/her own risk. The Client is responsible for all use of the Client's account(s) and confidentiality of the Client's password(s) and information. The Provider will suspend access or change access to Client's account(s) within a reasonable amount of time upon written notification by the Client that his/her password(s) or information has been lost, stolen or otherwise compromised.
Point In Space makes no guarantees as to the storage and availability of Client's data. Client agrees to maintain a current copy of all content hosted by Point In Space at their location.
POINT IN SPACE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO WAY SHALL THE PROVIDER BE LIABLE FOR ANY LOSS OR OTHER COMMERCIAL DAMAGE, INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. ALL SERVICES ARE PROVIDED ON AN "AS-IS" BASIS.
The maximum aggregate liability of Point In Space and any of its employees, agents or affiliates, under any theory of the law (including breach of contract, tort, strict liability and infringement) shall be a payment of money not to exceed the amount payable by customer for one month's service.
Removal and Destruction of Illegal or Offensive Data
The Client acknowledges that this service is governed by the Laws of the State of North Carolina. Therefore, the Client agrees to use the service in a manner consistent with any and applicable North Carolina laws. The Client also agrees that Orange County, where Point In Space is located, shall be the forum for any legal action relating to its services.
Clients agree that Point In Space shall have the absolute right to remove any and all materials which, in the sole and unrestricted discretion of Point In Space, 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.
Disruption of Network Services, Excessive Use
Clients shall ensure that use of Point In Space’s network services shall not disrupt point In Space, its associated networks or equipment forming part of Point In Space's or the internet's systems. Clients 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 Point In Space user or to any directly or indirectly attached network. It is not acceptable to use Point In Space’s services 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
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
Use of Services
Point In Space accounts cannot be transferred or used by anyone other than the Point In Space Clients. Clients may not sell, lease, rent or assign an Account or parts of the Account to any party without the express, prior written approval of Point In Space.
The Client agrees to pay Point In Space all charges relating to the use of the Client's account(s) according to rates and prices agreed to in this contract for the term and length of this contract. If the Client's regular fees are to be applied to a credit or checking account, the client authorizes Point In Space to directly post these charges. The Client is responsible for charges at the time the service is used. Any client that is late with payments 3 times within a one year period, or who has any outstanding charge become 14 days or more overdue, will be required to provide a credit card number to be automatically debited for all current and future charges.
Point In Space reserves the right, in its sole discretion, to suspend access to service for the Client's account(s) upon any indication of credit problems including delinquent payments or rejection of any credit card charges, or returned bad checks. Otherwise the Client must explicitly close his/her account(s) for payments to cease.
The aforementioned terms and general information are not all-inclusive and are subject to change at the sole discretion of Point In Space.