Service Agreement and Acceptable Use Policy:

Written by Super User. Posted in Legal Stuff

Last updated date April 29, 2012

General
Use of Merton Media Partners Inc. (Crooked Stick) service for illegal activities of any kind, including unauthorized use (or attempted unauthorized use) of Crooked Stick's machines or other machines on the Internet, forging header information or user identification information, and software piracy is prohibited.

UCE / Spamming
Absolutely no broadcasting / spamming allowed. Sending harassing or mass unsolicited e-mail is prohibited. Forging header information in e-mail is prohibited. For more information on Crooked Stick's e-mail policies, see paragraphs 22 and 23 of the acceptable user agreement, below.

Internet Relay Chat Bots and Harassment
Use of IRC bots or storing them on Crooked Stick's servers is prohibited. Impersonating other users by forging one's email address or IP address is prohibited. Flooding, cloning, spoofing, harassment, or otherwise hindering the ability of others to properly use IRC or any network is resource is prohibited.

Acceptable Content
Pages containing copyrighted material, hate material, pornography, nude images, or other 'adult' material may not be stored on Crooked Stick's web servers. This also includes links to such material. Use of text or images created by others without their permission is copyright infringement and is prohibited.

Public FTP Sites
Files containing copyrighted material, pornography or nude images may not be stored on Crooked Stick's FTP servers. Using Crooked Stick's FTP servers for the exchange of pirated software or music or software designed to facilitate copyright infringement, unauthorized use of computer systems, credit card fraud, or other illegal activity is prohibited. See paragraph 19 of the acceptable user agreement for more information.

Storage/Transferring of Files
Storing, transferring, or allowing to be transferred (this includes FTP and the Web) any internal Crooked Stick file that is not located in the user's own directory structure and owned by the user is prohibited. This includes but is not limited to sending via ftp, allowing outside access to, mailing, or otherwise giving access to any file that is not owned by the user.

Hacking/Cracking software, utilities, or files
Any program, utility, or file that can be used to allow unauthorized access or gain unauthorized information about a computer, network, or file is prohibited. Storage of these archived programs, software, utilities, or files in an archived format and only for personal use or download is acceptable. Removing such files from their archived or compressed state, attempts to run and/or attempting to compile or use such software is prohibited.

The Crooked Stick User Service Agreement

Crooked Stick agrees to provide and User agrees to receive access to the Crooked Stick Internet services according to the following terms and conditions:

1. All provisions of Crooked Stick's Service Agreement ("Agreement") apply to the User's Principal Account (also known as a Developer Account) and Associate Accounts billed to the Principal Account.

2. The benefits or rights conferred by this agreement are nontransferable. Use of Crooked Stick accounts is expressly limited to the individual or business whose name appears on the account

3. User agrees to use the service in manner consistent with any and all applicable laws. In the event that this account is not used in accordance with all Applicable Laws including, but not limited to Local, Provincial / State or Federal Laws, Crooked Stick reserves the right to cooperate with all or any law enforcement agencies.

4. User agrees to follow the Acceptable Use Policy of any network user connects to, including Crooked Stick's systems.

5. If User is less than 18 years of age, Agreement must be signed by a parent or legal guardian, who is responsible for all charges related to use of User's account(s).

6. User is responsible for all use of User's account(s) and confidentially of password(s). Crooked Stick will suspend access or change access to User's account(s) immediately upon notification by User that his her password has been lost, stolen or otherwise compromised. Crooked Stick is not liable for any usage and or charges prior to Crooked Stick making the necessary account alteration.

7. Use of Crooked Stick's 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's webspace by the Client. The following examples are offered:

Web Publishing: requires knowledge of HTML, properly locating and linking documents, 'FTPing' Web contents, Graphics, text, sound, imagemapping, etc.

FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability.

The Client agrees that he or she has the necessary knowledge to create their Webspace. Client agrees that it is not the responsibility of Crooked Stick to provide this knowledge or Customer Support outside matter specific to Crooked Stick's servers.

8. User agrees to pay Crooked Stick all charges relating to the use of User's account(s) according to rates and prices stated on said sales order at the time of commencement, INCLUDING A ONE-TIME SIGNUP FEE, unless this fee is waved at the sole discretion of Crooked Stick.

9. User is responsible for charges at the time the service is used and Crooked Stick may apply the amount due to User's credit card at any time.

10. Crooked Stick reserves the right to change prices on 30 days notice published Online.

11. Crooked Stick reserves the right to suspend access to service for User's account(s) upon an indication of credit problems including delinquent payments or rejection of any credit card charges.

12. Crooked Stick's. service is provided on an "as is, as available" basis. No warranties, Expressed or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, are made with respect to Crooked Stick or any information or software therein. This in no way includes any reimbursement for losses of income due to disruption of service by Crooked Stick or its providers. Under no circumstances, including negligence, shall Crooked Stick, its officers, agents or any one else involved in creating, producing or distributing Crooked Stick's Hosting service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Crooked Stick Hosing 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 Crooked Stick's records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on Crooked Stick's Hosting service and updatepanel.com.

13. Neither Crooked Stick nor its Information Providers are responsible for any damages arising from User's use of Crooked Stick or by User's inability to use Crooked Stick's service.

14. Crooked Stick reserves the right to change without notice the Crooked Stick service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors and services offered.

15. Crooked Stick is not responsible for User's files residing on Crooked Stick. User is responsible for independent backup of his or her data stored on Crooked Stick's servers.

16. Client is allowed to resell the storage and transfer services provided by Crooked Stick. Client agrees to handle and is responsible for all third-party customer's content, support, set-up and maintenance. Crooked Stick agrees to Reseller pricing as described on the Price and Terms Sheet. Client agrees to having the necessary additional knowledge and skill level for the reselling services provided. The Client's clients shall not contact Crooked Stick under any circumstances.

17. Crooked Stick reserves the right to delete User's personal files after one or both parties terminates agreement.

18. Crooked Stick reserves the right in its sole discretion to delete any information entered into Crooked Stick's systems by User. Crooked Stick and its authorized representatives shall have the right, but shall not be obligated, to edit publicly viewable information.

19. User hereby agrees that any material submitted for publication on Crooked Stick servers through user's account(s) does not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene or libelous. Software intended to facilitate any such violations or infringements may not be stored on Crooked Stick servers.

20. The Client agrees to reasonable server CPU, memory, as well as bandwidth use to be determined by Crooked Stick. Client's failure to adhere to reasonable use may result in immediate termination of service, at the sole discretion of Crooked Stick its officers or agents.

21. Crooked Stick, at its sole business judgment, may terminate this membership Agreement immediately or suspend User's access to the service upon any breach of this membership Agreement by User, including, but not limited to, refusal or failure to pay for services provided or by sole judgment of Crooked Stick that User may be performing activities harmful to Crooked Stick or its Users, employees, vendors, business relationships or any other users of the Internet.

22. The following violations are grounds for immediate suspension of service pending investigation by Crooked Stick and will result in termination of the account(s) if the investigation determines to have originated or transmitted these types of traffic.

(a) Sending unsolicited mass emailings (i.e., to more than 25 users) which provoke complaints from the recipients.

(b) Engaging in (a) from a provider other than Crooked Stick and using an account on Crooked Stick as a mail drop for responses, or advertising a web site hosted at Crooked Stick.

(c) Continued harassment of other individuals on the Internet after being asked to stop by those individuals and by Crooked Stick.

(d) Impersonating another user or otherwise falsifying one's user name in email, Usenet postings, on IRC, or with any other Internet service. (This does not preclude the use of nicknames in IRC or the use of anonymous remailer services.)

(e) Use of IRC "bots" on Crooked Stick. Such software may not be stored on Crooked Stick's servers.

23. Users whose accounts are terminated for any of the above infractions are also responsible for the cost of labour to cleanup and respond to complaints incurred by Crooked Stick.

24. This document and the rights and duties of the parties shall be governed by and interpreted according to the laws of the United States and Canada.

25. Crooked Stick may modify these terms and conditions upon notice published Online via crookedstick.com. User's use of Crooked Stick services after such notice shall constitute User's acceptance of the modifications to this Agreement.

26. Non-enforcement of any section of this Agreement does not constitute consent and Crooked Stick reserves the right to enforce this Agreement at its sole discretion.

27. If any one or more paragraphs in this Agreement is found to be unenforceable or invalid, User's and Crooked Stick's agreement on all other paragraphs shall remain valid.

28. Fees must be paid on a timely basis. Charges will continue regardless of your use unless and until you notify us in writing that you wish to cancel your membership at the end of your contract period. 30 days cancellation notice prior to the end of your current term is required. You can cancel your membership within your first 30 days and receive a full refund on your monthly fees. The setup fee is not refundable. After the first 30 days you can still cancel your account but cancellation will become effective at the end of your current contract period and no partial refunds will be given.

29. When paying by check, User expressly authorizes Crooked Stick to debit User's checking account for the amount of a check returned unpaid by User's bank, plus up to a $25 returned check fee.

30. The User is in default of this Contract if: 1. Any User covered by this contract fails to obey any present or future Crooked Stick rule or regulation; or 2. We do not receive a payment on or before its due date; or 3. Any material statement by the User in this contract is false.

31. Failure to use this account(s) does not relieve the User of payment obligations.

32. In the event the User defaults on this contract, Crooked Stick may suspend or revoke the User's membership privileges without refund and the User may have to reapply for membership at the price Crooked Stick is charging to new members. The User agrees to pay Crooked Stick's attorney's fees and court costs in collecting the amount remaining in the User's contract as stated in the sales order.

33. Communication systems are subject to degradation of service from phenomena such as so-called "Line-Noise" interference and other causes beyond the reasonable control of Crooked Stick.

34. Crooked Stick may assign this order, its rights here under and its ownership of said service and commitment at anytime without notice.

35. In addition to any price specified herein, User shall pay the gross amount of any present or future sales, use, excise, value added or other similar taxes applicable to the price, sales or delivery of any products or services furnished here under or to their use by customer.

36. Crooked Stick reserves the right to terminate or change priority of any process started by said user.

37. Crooked Stick reserves the right to collect damages (software, hardware & man hours) if any harm is done to Crooked Stick which requires repair or reconfiguration of any kind.

38. Crooked Stick may offer credits to users who refer additional users who sign up for and keep Crooked Stick accounts through at least one billing cycle, provided that the new users signing up mention at the time of signup the username of the user who referred them.

39. Credit Card payment: If Customer chooses to pay for services by credit card, Customer grants Merton Media Partners INC. the right to charge payments to that card on each due date. Customer further agrees not to challenge nor dispute any charge representing hosting payments.

40. This agreement, User account, contract, and billing will automatically renew unless cancelled in writing 30 days prior to the renewal date.

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