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SourceHosting.net TERMS OF SERVICE (TOS)
	    $Revision: 1.4 $
      $Date: 2005/07/03 17:00:27 $
                
The following are the terms and
conditions for use of the
SourceHosting.net service.  PLEASE READ
THEM CAREFULLY. BY CLICKING THE "I
AGREE" BUTTON BELOW AND COMPLETING THE
REGISTRATION PROCESS, YOU ARE STATING
THAT YOU AND OTHER MEMBERS OF YOUR
COMPANY THAT MAY USE THE SERVICE
(collectively "the Client") ARE ELIGIBLE
FOR ACCOUNTS AND THAT YOU AND THEY AGREE
TO BE BOUND BY ALL OF THESE TERMS AND
CONDITIONS OF THE SERVICE ("TOS").

The Service is offered to the Client
conditioned on your acceptance without
modification of the terms, conditions,
and notices contained herein.


1. MEMBER ACCOUNT, PASSWORD, AND
   SECURITY

To open an account, a representative of
the Client must complete the
registration process by providing us
with current, complete and accurate
information as prompted by the
Registration Form. The representative
then will choose an account name and
password.

You are entirely responsible for
maintaining the confidentiality of your
username, password and account.
Furthermore, you are entirely
responsible for any and all activities
that occur under your account.  You
agree to notify SourceHosting.net, LLC
immediately of any unauthorized use of
your account or any other breach of
security.

As the individual reading and accepting
this agreement, you agree to be the
Administrative User for the Client's
repository stored at SourceHosting.net,
LLC.  The Administrative User has the
power to create and maintain user
accounts associated with the Client's
repository.  You will be asked to choose
usernames and passwords for other
accounts associated with the Client's
repository.  Said accounts will be
governed by the same terms as described
in the second paragraph of this section.


2. MEMBER PRIVACY

It is SourceHosting.net, LLC's policy to
respect the privacy of its members.
SourceHosting.net, LLC will not monitor,
edit, or disclose any personal
information about the Client or the
Client's use of the Service, including
its contents, without the Client's prior
permission unless SourceHosting.net, LLC
has a good faith belief that such action
is necessary to: (1) conform to legal
requirements or comply with legal
process; (2) protect and defend the
rights or property of SourceHosting.net,
LLC; (3) enforce the TOS; or (4) act to
protect the interests of its clients or
others. The Client agrees that
SourceHosting.net, LLC may access the
Client's account, repository, database
records, and other data, as stated above
or to respond to service or technical
issues.


3. MEMBER CONDUCT 

As a condition of the Client's use of
the Service, the Client warrants to
SourceHosting.net, LLC that the Client
will not use the Service for any purpose
that is unlawful or prohibited by these
terms, conditions, and notices.  The
Service is provided to companies and
individuals acting on the behalf of a
company only (collectively "Clients")
and is for commercial use only.  The
Client agrees to use the Service only to
store files in a centralized location
for company purposes. Any unauthorized
use of the Service, or the resale of its
services, is expressly prohibited.

The Client agrees to abide by all
applicable local, state, national and
international laws and regulations and
are solely responsible for all acts or
omissions that occur under the Client's
account or password, including the
content of your transmissions through
the Service. By way of example, and not
as a limitation, the Client agrees not
to:

- Defame, abuse, harass, stalk, threaten
or otherwise violate the legal rights
(such as rights of privacy and
publicity) of others through the use of
the Service.
    
- Store any inappropriate, profane,
defamatory, infringing, obscene,
indecent or unlawful material or
information in the Client's repository.

- Create a false identity for the
purpose of storing said material.

- Transmit, upload, or store any
material that contains viruses, trojan
horses, worms, time bombs, cancelbots,
or any other harmful or deleterious
programs.

- Transmit, upload or store any material
that contains software or other material
protected by intellectual property laws,
rights of privacy or publicity or any
other applicable law unless the Client
owns or controls the rights thereto or
has received all necessary consents.

- Interfere with or disrupt networks
connected to the Service or violate the
regulations, policies or procedures of
such networks.

- Attempt to gain unauthorized access to
the Service, other accounts, computer
systems or networks connected to the
Service, through password mining,
network monitoring or any other means.

- Violate any applicable laws or
regulations including, without
limitation, laws regarding the
transmission of technical data or
software exported from the United States
through the service.
    
- Interfere with another Client's use of
the Service or another individual's or
entity's use of similar services.

SourceHosting.net, LLC has no obligation
to monitor the Service or any Client's
use thereof.  However,
SourceHosting.net, LLC reserves the
right at all times to monitor, review,
retain and/or disclose any information
as necessary to satisfy any applicable
law, regulation, legal process or
governmental request.


4. DISCLAIMERS/LIMITATION OF LIABILITY

The information and services included in
or available through the Service may
include inaccuracies or typographical
errors. Changes are periodically added
to the information
herein. SourceHosting.net, LLC and/or
its respective suppliers may make
improvements and/or changes in the
Service at any time.

SourceHosting.net, LLC does not
represent or warrant that the Service
will be uninterrupted or error-free, or
that the Service or the server that
makes it available, are free of viruses
or other harmful components.
SourceHosting.net, LLC does not warrant
or represent that the use or the results
of the use of the Service or the
materials made available as part of the
Service will be correct, accurate,
timely, or otherwise reliable.

The Client specifically agrees that
SourceHosting.net, LLC shall not be
responsible for unauthorized access to
or alteration of your transmissions or
data, any material or data sent or
received or not sent or received, or any
transactions entered into through the
Service. The Client specifically agrees
that SourceHosting.net, LLC is not
responsible or liable for any
threatening, defamatory, obscene,
offensive or illegal content or conduct
of any other party or any infringement
of another's rights, including
intellectual property rights. The Client
specifically agrees that
SourceHosting.net, LLC is not
responsible for any content sent using
and/or included in the Service by any
third party.

SOURCEHOSTING.NET, LLC AND/OR ITS
RESPECTIVE SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS,
AND ACCURACY OF THE SERVICE FOR ANY
PURPOSE. THE SERVICE IS PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND.
SOURCEHOSTING.NET, LLC AND/OR ITS
RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO
THE SERVICE, INCLUDING ALL IMPLIED
WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.

IN NO EVENT SHALL SOURCEHOSTING.NET, LLC
AND/OR ITS SUPPLIERS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE,
DATA OR PROFITS, ARISING OUT OF OR IN
ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF THE SERVICE OR RELATED
WEB SITES, WITH THE DELAY OR INABILITY
TO USE THE SERVICE OR RELATED WEB SITES,
THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS OBTAINED THROUGH THE SERVICE,
OR OTHERWISE ARISING OUT OF THE USE OF
THE SERVICE, WHETHER BASED ON CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF SOURCEHOSTING.NET,
LLC OR ANY OF ITS SUPPLIERS HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IF YOU ARE
DISSATISFIED WITH ANY PORTION OF THE
SERVICE, OR WITH ANY OF THESE TERMS OF
USE, YOUR SOLE AND EXCLUSIVE REMEDY IS
TO DISCONTINUE USING THE SERVICE AND ITS
RELATED WEB SITES.


5. INDEMNIFICATION 

The Client agrees to indemnify and hold
SourceHosting.net, LLC, its parents,
subsidiaries, affiliates, officers and
employees, harmless from any claim,
demand, or damage, including reasonable
attorneys' fees, asserted by any third
party due to or arising out of your use
of or conduct on the Service.


6. INVOICES

SourceHosting.net, LLC bills its clients
on a monthly basis for the Service
through the use of a credit card
merchant account.  The invoice amount is
determined based on the number of active
users of the client repository and the
size of the client repository.  The
invoice amount is determined against the
prior month's usage.  If payment for the
invoice delivered on the 1st day of the
month is not received by the 15th day of
the same month, service will be
temporarily suspended.  Service will be
reinstated if payment is received by the
last day of the month.  If payment for
the invoice delivered on the 1st day of
the month is not received by the last
day of the same month, service will be
terminated.


7. SECURITY

The Client specifically agrees that the
Internet is an inherently insecure
medium for the transmission of data and
intellectual property.  At any time, the
Client's electronic transmissions from
any location to the Service may be
monitored, eavesdropped upon, redirected
or otherwise tampered with by a third
party.  SourceHosting.net, LLC has put
reasonable measures in place to prevent
third parties from maliciously
interfering with electronic
transmissions to and from the service.
However, SourceHosting.net, LLC makes no
claims as to the effectiveness of said
measures in preventing third parties
from obtaining illegal copies of
software and files stored in the
repository provided to the Client, or
from denying access to the Service by a
client.


8. TERMINATION 

SourceHosting.net, LLC may terminate the
Client's access to any part or all of
the Service and any related service(s)
at any time, with or without cause, with
or without notice, effective
immediately, for any reason whatsoever,
including failure to pay the monthly
service fee.

Upon termination of the Service, the
Client's right to use the Service
immediately ceases.  If the Client
wishes to terminate its account, its
only recourse is to discontinue the use
of the Service.  Upon request by the
Client at termination of the Service,
SourceHosting.net, LLC will deliver to
the Client's administrative user, via
electronic mail or equivalent retrieval
option, the contents of the Client's
repository.

On the date that the Client requests
termination of its account or terminates
its account, SourceHosting.net will bill
the Client's credit card for the
pro-rated usage of that month, based on
the estimated monthly invoice and the
number of days the service was in use
that month.


9. SOURCEHOSTING.NET, LLC'S PROPRIETARY
   RIGHTS TO CONTENT

The Client acknowledges that content,
including but not limited to text,
software, music, sound, photographs,
video, graphics or other material
contained in electronically distributed,
commercially produced information
presented to the Client by the Service,
by SourceHosting.net, LLC, or
SourceHosting.net, LLC's Advertisers or
other content providers, is protected by
copyrights, trademarks, service marks,
patents or other proprietary rights and
laws.  The Client may not modify, copy,
reproduce, republish, upload, post,
transmit, or distribute in any way
content available through the Service
and its associated Web sites, including
code and software.


10. CLIENT'S PROPRIETARY RIGHTS TO
    CONTENT

SourceHosting.net, LLC acknowledges that
content, including but not limited to
text, software, music, sound,
photographs, video, graphics or other
material contained in electronically
distributed, commercially produced
information uploaded by the Client to
the Service, is protected by copyrights,
trademarks, service marks, patents or
other proprietary rights and laws.
SourceHosting.net, LLC may not modify,
copy, reproduce, republish, upload,
post, transmit, or distribute in any way
content uploaded to the Service and its
associated Web sites by a client,
including code and software.


11. MODIFICATIONS TO TERMS OF SERVICE,
MEMBER POLICIES

SourceHosting.net, LLC reserves the
right to change the TOS or policies
regarding the use of the Service at any
time and to notify the Client by posting
an updated version of the TOS on this
Web site. The Client is responsible for
regularly reviewing the TOS.  Continued
use of the Service after any such
changes shall constitute the Client's
consent to such changes.


12. GENERAL 

This agreement is governed by the laws
of the State of New Hampshire, and the
United States of America. Any disputes
that arise under this agreement that
require judicial action shall only take
place in the State of New Hampshire. Use
of the Service is unauthorized in any
jurisdiction that does not give effect
to all provisions of these terms and
conditions, including without limitation
this paragraph. The Client agrees that
no joint venture, partnership,
employment, or agency relationship
exists between the Client and
SourceHosting.net, LLC as a result of
this agreement or use of the Service.
SourceHosting.net, LLC's performance of
this agreement is subject to existing
laws and legal process, and nothing
contained in this agreement is in
derogation of SourceHosting.net, LLC's
right to comply with governmental, court
and law enforcement requests or
requirements relating to the Client's
use of the Service or information
provided to or gathered by
SourceHosting.net, LLC with respect to
such use. If any part of this agreement
is determined to be invalid or
unenforceable pursuant to applicable law
including, but not limited to, the
warranty disclaimers and liability
limitations set forth above, then the
invalid or unenforceable provision will
be deemed superseded by a valid,
enforceable provision that most closely
matches the intent of the original
provision and the remainder of the
agreement shall continue in
effect. Unless otherwise specified
herein, this agreement constitutes the
entire agreement between the user and
SourceHosting.net, LLC with respect to
the Service (excluding the use of any
software which may be subject to an
end-user license agreement) and it
supersedes all prior or contemporaneous
communications and proposals, whether
electronic, oral or written, between the
user and SourceHosting.net, LLC with
respect to the Service. A printed
version of this agreement and of any
notice given in electronic form shall be
admissible in judicial or administrative
proceedings based upon or relating to
this agreement to the same extent and
subject to the same conditions as other
business documents and records
originally generated and maintained in
printed form. The Client and
SourceHosting.net, LLC agree that any
cause of action arising out of or
related to this Service must commence
within six (6) months after the cause of
action arose; otherwise, such cause of
action is permanently barred. The
section titles in the TOS are solely
used for the convenience of the parties
and have no legal or contractual
significance.


13. LANGUAGE 

It is the express will of the parties
that this agreement and all related
documents have been drawn up in
English. C'est la volonté expresse des
parties que la présente convention ainsi
que les documents qui s'y rattachent
soient rédigés en anglais.

	 Copyright © 1999-2005
	SourceHosting.net, LLC.
	  All rights reserved.
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Copyright © 1999-2008 SourceHosting.net, LLC. All Rights Reserved.
usage agreement | policies

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Featured Partner

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hosted solutions | pro servs | company | sales | support | resources home | contact | client login

Copyright © 1999-2008 SourceHosting.net, LLC. All Rights Reserved. usage agreement | policies

hosted solutions | pro servs | company | sales | support | resources
home | contact | client login

Copyright © 1999-2008 SourceHosting.net, LLC. All Rights Reserved.
usage agreement | policies
