Terms of Service for Access and Use of Client Access :: by photoGRAFIUS studios

This is a legal contract. Customers agree to be bound by these terms whether signed or unsigned. Any Customer who does not agree with these terms should immediately stop using the account and contact photoGRAFIUS studios to cancel. Customers agree to obey any applicable local, state, and/or federal laws pertaining to their Internet access and use of these services. The Customer agrees not to use these services to conduct any activity which may violate these laws. Use of these services includes, but is not limited to: Web, FTP, Usenet, Internet Relay Chat (IRC), Gopher, Email, Telnet, and any other medium through which photoGRAFIUS studios server(s) are used for the storing, distribution, and/or transmission of content or material.

Customers may be held legally liable for content and material located on their sites, including but not limited to: copyrighted, trademarked, patented, or other material used without the permission of the intellectual property rights holder; trade secret; pornography; obscene and/or defamatory content.

Customer agrees not to violate any intellectual property rights, including uploading or downloading commercial software. photoGRAFIUS studios is a private company and reserves the right to limit and/or prohibit any content or material it deems inappropriate as part of this agreement.

photoGRAFIUS studios reserves the right to monitor any and all communication and activity which occurs through or on its servers to ensure adherence to these terms.

photoGRAFIUS studios reserves the right to prohibit, remove, and/or block access to any pages which primarily contain hyperlinks to content or material deemed inappropriate as defined herein.

photoGRAFIUS studios reserves the right to prohibit, remove, and/or block access to any pages which primarily contain content or material which promotes or induces illegal activity.

photoGRAFIUS studios reserves the right to limit file transfers to 1Gig per day (this limitation may be varied as appropriate). Customers who exceed this amount may be investigated for illegal activity and subject to suspension and/or termination of their account.

Customer agrees that photoGRAFIUS studios shall have no liability for the services, data or information provided to the public on the Internet including but not limited to any liability for consequential, indirect, special or incidental damages, regardless of the success or effectiveness of other remedies.

Customer further agrees that photoGRAFIUS studios shall not be liable for any damages or losses sustained by Customer for business or other activities conducted on the Internet including but not limited to consequential, indirect, special or incidental damages.

Customer agrees that it shall not hold photoGRAFIUS studios liable for any loss of business, lost opportunity, consequential, indirect, special or incidental damages as a result of any interruption in service.

photoGRAFIUS studios is not liable for customer site content backups on their shared hosting platforms. photoGRAFIUS studios has made every reasonable attempt to protect the security and integrity of customer's web sites but offers no warranty as to the ability to restore site content in the event of a server failure.

IN NO EVENT SHALL photoGRAFIUS studios LIABILITY EXCEED THE TOTAL VALUE PAID TO photoGRAFIUS studios BY CUSTOMER for that month.

photoGRAFIUS studios reserves the right to prohibit and/or block access to any Usenet newsgroup, at any time for any reason, including those which contain content or material in violation of the terms in this agreement. photoGRAFIUS studios reserves the right to prohibit and/or block access to any IRC channel, at any time for any reason, including those which contain content or material in violation of the terms in this agreement.

Please report any violations of these terms to guy (at) photografius (dot) com. In the event that photoGRAFIUS studios receives a complaint, photoGRAFIUS studios will investigate the complaint and, in its sole discretion, may suspend or terminate the account(s) involved and/or may remove the material from its servers. Customers will be notified, by email, within three (3) days of this proceeding. Customers who believe their activities may have been misclassified may petition photoGRAFIUS studios for renewal of their account.

photoGRAFIUS studios reserves the right to release Customer information to comply with an investigation into any activity which violates these terms, and may report such activity to the appropriate authorities.