Our Policies
ACCEPTABLE USE
You agree to maintain your website in full compliance with the terms set forth below.
Failure to so comply is cause for immediate suspension and possible termination.
You agree that you will not violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
You agree not to cause any harm to minors of any kind or to perform any activity which is likely to cause such harm.
You agree not to take any action which encourages or consists of any threat of harm of any kind to any person or property
You agree not to transmit any unsolicited commercial or bulk email. You will not engage in any activity known or considered to be “spamming” or “Mail Bombing”
You agree not to make any inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or other Internet Forum.
You agree not to make or attempt any unauthorized access to any Salamanca Network website or the website of any Salamanca Network customer.
You agree not to infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
You agree not to collect or attempt to collect personally identifiable information of any person or entity without their express written consent. You shall maintain records of any such written consent throughout the terms of this agreement and for three years thereafter.
You agree not to undertake any action which is harmful or potentially harmful to the Salamanca Network server structure.
You agree not to sublease your account, www.yourwebsite.com/client, or offer free space to other clients. Our web plans are for single users only.
You agree not to run a banner exchange, free adult tgp (thumbnail gallery post) and free adult image galleries on your website.
OWNERSHIP OF INTELLECTUAL PROPERTY; CONFIDENTIALITY
It is understood and agreed that during the term of this agreement and thereafter you may come into possession of information which is the confidential and proprietary information of Salamanca Network including but not limited to the Salamanca Network customer service and maintenance tools. You acknowledge that all right and title to any such Salamanca Network intellectual property shall remain the sole property of Salamanca Network and that you have no right, title or interest therein. You further agree not to provide access to the Salamanca Network services to any third party. You agree yourself and not to assist any third party in any way to translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, license, distribute, market or otherwise dispose of any portion of the Salamanca Network Services. Any and all right or title to any engineering, coding, programming or customer service work around or other modification of the Salamanca Network service shall also remain the sole property or Salamanca Network.
During the term of this agreement you may have access to certain information and materials relating to the Salamanca Network business, customers, software technology and marketing which Salamanca Network treats as confidential (hereinafter “Confidential Information”). You agree to at all times during the term of this agreement and otherwise as set forth herein:
1. hold in confidence, and not disclose or reveal to any person or entity, any “Confidential Information” without the express prior written consent of Salamanca Network.
2. not use or disclose any of the “Confidential Information” for any purpose at any time, other than pursuant to your rights under this agreement for the purpose intended. These obligations shall continue indefinitely for so long as the Confidential Information is a trade secret under applicable law and shall continue for three (3) years following termination of this Agreement with respect to Confidential Information, which does not rise to the level of a trade secret.
SUSPENSION AND TERMINATION
Suspension - At the sole option of Salamanca Network for any reason set forth herein or in the event that you breach any term of this agreement including but not limited to Payment and Acceptable Use Policy, Salamanca Network may suspend your account by deactivating any access by you or by web users to any information contained on the Salamanca Network servers related to your account while maintaining the information and data related to your account upon the Salamanca Network servers. Suspension shall specifically include the disabling of your hosted domain and/or any access to information or data related to your account. In the event of any such suspension you will be notified and given an opportunity to correct such breach. In the event that such breach is not corrected within ten (10) days the account may be terminated. Service charges will continue to accrue on suspended accounts as if they were not suspended. You will remain responsible for the payment of any such charges during any such period of suspension.
Termination - This agreement and all of it’s terms shall remain in full force and effect until it is terminated. Termination shall include the removal of any and all of your information from the Salamanca Network servers. Such information or data may or may not be made available to you by Salamanca Network after any such termination. This agreement may be terminated after a period of suspension by either party upon 45 days notice in advance of a renewal period for any reason.
NOTICE
Any notice under this agreement shall be given by Salamanca Network to you via email at the address provided by you to Salamanca Network at the commencement of this agreement or as Salamanca Network is subsequently advised. Notice to you at this address is deemed sufficient regardless of your receipt of such email. If you wish to update your email address you should do so at this page.
WARRANTEES AND LIMITATIONS
Salamanca Network makes every reasonable effort to maintain operation of the Salamanca Network service however because as many events and circumstances are beyond the control of Salamanca Network, Salamanca Network does not in any way warrant or otherwise guarantee the availability of the Salamanca Network system or servers and is not responsible for any delay or loss of data, lack of connection, slow connection, or any other such issues whether due to the active or passive negligence of Salamanca Network.
THE Salamanca Network SERVICE IS PROVIDED TO YOU ON AN “AS IS” BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
In general, Salamanca Network has no control over information contained on the Internet. Information obtained by you from the Internet may be inaccurate, offensive or in some cases even illegal. Salamanca Network accepts no responsibility for any information which you receive from the Internet. You accept full responsibility to verify the truth and accuracy, legality and ownership of the information that you obtain from the Internet as well as the reputation of the individuals with whom you may deal. Salamanca Network provides no warrantee for any goods or services which you obtain over the Internet nor the compatibility of any such services with the Salamanca Network system.
You specifically hereby waive any claim for damages of any kind whether direct, indirect, special, exemplary, punitive, incidental or consequential, loss of profits or loss of business as the result of any action taken in response to any claim of copyright infringement without regard to whether or not the material claimed to have been infringing is later found to be infringing.
THE TOTAL SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU AS THE RESULT OF ANY BREACH OF THIS AGREEMENT, NEGLIGENCE, OR ANY ACTION OR FAILURE TO ACT WHETHER INTENTIONAL OR OTHERWISE SHALL BE THE TOTAL AMOUNT OF SERVICE FEES PAID BY YOU TO Salamanca Network IN THE THREE MONTHS IMMEDIATELY PROCEEDING ANY ALLEGATION OF ENTITLEMENT TO SUCH REMEDY. IN NO EVENT SHALL Salamanca Network BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF BUSINESS AS THE RESULT OF ANY SUCH ACTION OR INACTION WITHOUT REGARD TO THE LIKELIHOOD OF ANY SUCH DAMAGES.
INDEMNITY
You agree to fully defend and indemnify and hold harmless Salamanca Network of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any breach or claim of breach of this agreement or your negligence whether active or passive or any negligence of Salamanca Network in any way related to your use of the Salamanca Network service or any portion thereof.
You agree to fully defend and indemnify and hold harmless Salamanca Network of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any violation or claimed violation of any copyright or other intellectual property right of any third party which is in any way related to your use of the Salamanca Network service or any portion thereof. Choice of counsel remains exclusively that of Salamanca Network
You agree that upon the assignment of your user ID and password that you will maintain the confidentiality of your account information and assume all responsibility of and from any loss, theft or other destruction of any data as the result of any access to your account via the use of your user ID. You further agree to defend and indemnify and hold harmless Salamanca Network of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any claim for damages in any way related to the disclosure of your confidential User ID and Password information. Choice of counsel remains exclusively that of Salamanca Network.
FORCE MAJEURE
Either party to this agreement shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, labor disputes and strikes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.
ASSIGNMENT
This agreement and the rights hereunder is not assignable or transferable except that Salamanca Network may assign it’s rights hereunder to any person or entity who shall become a principal owner, or shareholder of Salamanca Network. Any other attempted transfer or assignment of rights hereunder shall be null and void ab initio.
SEVERABILITY
If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.
NO AGENCY
Notwithstanding any other provision of this agreement, Salamanca Network is not your agent, partner or joint venturer in any respect.
AMENDMENT
Salamanca Network may without advance notice amend this Agreement from time to time, and will do so by posting the new Agreement on the Salamanca Network web site in place of the old. Each
and every such amendment shall be become effective immediately for all pre-existing and future accounts.
REQUIRED NOTICES
ICANN Uniform Domain-Name-Dispute-Resolution Policy.
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