Burns Web Services
Terms of Service
Terms, Conditions and Acceptable Use
Burns Web Services provides Internet World
Wide Web page hosting, web design and e-mail services. Burns Web Services
has certain legal and ethical responsibilities regarding the use of
its computer network and equipment involved in these services.
Burns Web Services general policy is to
act as a neutral provider of access to the global Internet. Burns
Web Services has specific ethical concerns regarding the use of its
computers detailed below. Burns Web Services reserves the right to
suspend or cancel a customer's access to any or all services provided
by Burns Web Services when Burns Web Services decides that the account
has been inappropriately used.
Specific Acceptable Use Policies
Unauthorized use of other people's accounts
or computers is strictly forbidden. Burns Web Services will suspend
or cancel any user's account who is found to have participated in
such activity. Suspension and or cancellation is solely at the discretion
of Burns Web Services. Such attempts include tricking other people
into releasing their passwords, password cracking, security hole scanning
Any unauthorized use of accounts or computers
by an Burns Web Services customer, whether or not the attacked account
or computer belongs to Burns Web Services, will result in action against
the attacker. Possible actions include warnings, account suspension
or cancellation, and civil or criminal legal action, according to
the seriousness of the attack.
Commercial advertisements with e-mail. Unsolicited
commercial advertisements are not allowed in e-mail, and will result in account suspension
Commercial advertisements are unwelcome in most Usenet
discussion groups and on most e-mail mailing lists. Inappropriate posting may result in
account suspension or cancellation. See the newsgroup or mailing list's charter for
whether advertising is allowed or not. "Spamming," or sending a message to many
different off-topic newsgroups, is particularly unethical and will be treated as such.
Sending a message, especially an advertisement, to more than
five or six recipients, is by itself spamming unless the individuals have specifically
requested to be added to a mailing list on that topic.
Burns Web Services will not host music archive
sites that violate any copyright laws in any file format. Any sites
that are found to contain this content will be warned, suspended or
cancelled at the discretion of Burns Web Services management.
All accounts are set up on a prepay basis.
All pricing is guaranteed for the term of pre-payment. Burns Web Services
reserves the right to change prices at any time. Payment is due each
anniversary day or period following the date the account was established.
Credit card orders that are on a 'month-to-month', 'quarterly' and
'yearly' basis will be charged automatically to the card number on
file. If for any reason the card does not clear with the bank on three
attempts, the account is subject to suspension. Any account not brought
current within a week of e-mail notice or exceeding this time frame
in any way is subject to suspension. No bills or invoices will be
sent by regular mail. The customer is responsible for all money owed
on the account from the time it was established to the time that the
customer notifies Burns Web Services in writing for a request for
termination of services. All payment is in U.S. currency by Visa or
Burns Web Services reserves the right to
cancel service at any time. All fees paid in advance of cancellation
will be pro-rated and paid by Burns Web Services if Burns Web Services
institutes its right of cancellation. If cancellation is caused by
customers violation of these policies, then no refund is due.
Customers can cancel service any time
and be refunded any amount exceeding the pre-payment of the current
month. Due to security concerns, all account cancellations must be
done in writing via US mail or fax with a valid signature of the primary
contact of the account, account name, reason for cancellation. Payment
will be made by company check within 30 days of receipt of cancellation.
The account will be cancelled at the end of the current billing period,
unless a date of cancellation is specified.
Burns Web Services reserves the right to
refuse service to anyone. Customers may only use Burns Web Services
server for lawful purpose. Transmission of any material in violation
of any Federal, State or Local regulation is prohibited. This includes,
but is not limited to copyrighted material, material legally judged
to be threatening or obscene, and material protected by trade secrets.
Burns Web Services expressly forbids anyone from using Burns Web Services
servers for the propagation, distribution, housing, processing, storing,
or otherwise handling in any way lewd, obscene, or pornographic material,
or any other material which we deem to be objectionable, including,
but not limited to, pornography, satanic materials, and any and all
materials of an adult nature. The designation of any materials as
such described above is left entirely to the discretion of
Burns Web Services services are
intended for the end user only. Customers cannot sublease, subhost,
or give away control of any portion of Burns Web Services resources.
Doing so could result in immediate account cancellation.
Customer agrees that it shall defend, indemnify,
save and hold Burns Web Services harmless from any and all demands,
liabilities, losses, costs and claims, including reasonable attorney's
fees asserted against Burns Web Services, its agents, its customers,
officers and employees, that may arise or result from any service
provided or performed or agreed to be performed or any product sold
by customer, its agents, employees or assigns. Customer agrees to
defend, indemnify and hold harmless Burns Web Services against liabilities
arising out of; (1) any injury to person or property caused by any
products sold or otherwise distributed in connection with Burns Web
Services server; (2) any material supplied by 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 Burns Web Services server.
Burns Web Services will not be responsible
for any damages your business may suffer. Burns Web Services makes
no warranties of any kind, expressed or implied for services we provide.
Burns Web Services disclaims any warranty or merchantability or fitness
for a particular purpose. The includes loss of data resulting from
delays, nondeliveries, wrong delivery, and any and all service interruptions
caused by Burns Web Services and its employees. Burns Web Services
reserves the right to revise its policies at any time.
Use of Burns Web Services constitutes
full, informed consent to these terms of service.