Acceptable Use Policy

ACCEPTABLE USE POLICY (“AUP”)

This Acceptable Use Policy is between SERVICE PROVIDER and CUSTOMER, and is made effective as of the date of acceptance and/or service activation. This Policy sets forth the policies of your use of Services.

Your activation of service or signature of this Policy signifies that you have read, understand, acknowledge and agree to be bound by this Policy, along with our Agreement and General Terms and Conditions Agreement, which is incorporated herein by this reference, and any other agreements or policies that are expressly incorporated herein.

The terms “service provider”, “we”, “us” or “our” shall refer to Web Service Team. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement (CUSTOMER). Nothing in this Policy shall be deemed to confer any third-party rights or benefits.

We may, in our sole and absolute discretion, change or modify this Policy, any policies or agreements which are incorporated herein, and any limits or restrictions on the Services, at any time, and such changes or modifications shall be effective immediately upon posting to this Site.  Your use of the Services after such changes or modifications shall constitute your acceptance of this Policy and any limitations to the Services as last revised. If you do not agree to be bound by this Policy and any Service limitations as last revised, you may have up to 30 days to terminate service but will be bound by the termination fees as referenced in any agreements which are incorporated herein. We may occasionally notify you of changes or modifications to this Agreement by email at our sole discretion. It is therefore very important that you keep your account information current. We assume no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.

The following are examples of uses of the SERVICE PROVIDER Services that constitute violations of this AUP:

Illegal Use. Transmitting, uploading, posting, receiving, storing, content, compliance issues, ADA or GDPR discrepancies or presenting material or data that, intentionally or unintentionally, violates any local, state, national or international law, or any rules or regulations that have the force of law, including, but not limited to, material or data regarding illegal goods or services, illegal substances, prostitution, illegal drugs, illegal weapons, terrorism, or other conduct that would constitute a criminal offense.

Fraudulent Financial Activity. Making fraudulent offers to sell or buy products, items, or services or to advance any type of illegal financial activity such as “pyramid schemes,” “Ponzi schemes,” or fraudulently charging credit cards.

Gambling. Engaging or promoting gambling in violation of any laws.

Harm to Minors. Harming, attempting to harm or exploiting minors in any way, including, but not limited to, the use of the SERVICE PROVIDER Services (i) to receive, distribute, solicit, present, or store illegal images or URLs containing child pornography, or (ii) to post or disclose personal identifiable information or private information of individuals under the age of 13 or in connection with materials directed towards children under the age of 13 without verifiable parental consent.

Threats and Harassment. Uploading, transmitting or posting any material that (i) threatens, harasses, defames or encourages bodily harm or destruction of property of governments, groups, organizations or individuals, or (ii) espouses, promotes or incites racism or bigotry.

Spamming. Transmitting or facilitating unsolicited commercial email or unsolicited bulk email, including, but not limited to, use of another Internet service to send spam to divert users to CUSTOMER site hosted on or through SERVICE PROVIDER’s network, whether or not the messages were originated by CUSTOMER, under CUSTOMER direction, or by or under the direction of a third party.

Phishing. Attempting to impersonate any person or entity, engaging in sender address or network header falsification, or forging anyone else’s digital or manual signature.

Copyright or trademark infringement. Transmitting, uploading or posting any material that infringes 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, incorporating a third party’s trademark within an email address without the prior permission of the trademark owner, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.

Collection of personal data without consent. Collecting, or attempting to collect, personal information about third parties without their knowledge or consent or under false pretenses.

Canceling Other’s Email Messages. Canceling email messages other than CUSTOMER own email messages.

Unauthorized Access. Accessing, or to attempting to access, the accounts of others without their knowledge or consent; or penetrating, or attempting to penetrate, security measures of SERVICE PROVIDER’s or another entity’s or person’s computer software or hardware, electronic communications system, or telecommunications system, including, but not limited to, misusing or abusing account access and passwords of others; using or distributing tools designed to compromise security of computer systems or networks; or compromising the security of any Internet account or website.

Using or Distributing Internet Viruses, Worms, Trojan Horses or Other Destructive Activity that Compromise Security. Engaging in activities that disrupt or degrade the use of or interfere with the ability of other people to effectively use the network or any connected network system, service or equipment including using or distributing, among other things, Internet viruses, worms, Trojan Horse programs, password guessing programs, decoders, keystroke loggers, cracking tools, packet sniggers, flooding of a network, encryption circumvention devices or unauthorized port scanning.

Spidering. Participating in the collection of a very large number of email addresses, screen names, or other identifiers of others without their prior consent, or participating in the use of software, including spyware, designed to facilitate this activity.

Denial of Service. Routing or relaying traffic between unknown third parties or as a source of denial of service attacks, worms, or other service sending traffic to unknown third parties. CUSTOMER may not permit CUSTOMER network, through action or inaction, to be configured in such a way that gives a third party the capability to use CUSTOMER network in an illegal or inappropriate manner.

Long Connections and Multiple Logins. Using a personal account for high volume or commercial use is prohibited. The SERVICE PROVIDER Services are intended for periodic, active use of email, newsgroups, file transfers, Internet chat, games, and browsing and interacting on the World Wide Web. CUSTOMER may stay connected so long as CUSTOMER are actively using that connection for the above purposes. CUSTOMER may not use the SERVICE PROVIDER Services on a standby or inactive basis in order to maintain a connection. Pinging is expressly prohibited.

Network Probing. Any type of detective network activity, including, but not limited to, port scanning and pinging.

Newsgoups. Violating a newsgroup’s terms of use or policies.

In addition, any material or conduct in connection with the use of the SERVICE PROVIDER Services that SERVICE PROVIDER believes to be unlawful, offensive or harmful will be considered a violation of this AUP.

Notwithstanding that certain provisions, disclaimers, limitations of liability, and allocations of responsibility set forth herein may have been previously addressed in other sections of this Agreement, the parties expressly acknowledge and agree that such provisions are hereby reaffirmed, reiterated, and restated for the avoidance of doubt, with any additional terms, clarifications, or details contained herein intended to supplement, reinforce, and expand upon, rather than replace, limit, or supersede, the protections and obligations established elsewhere in this Agreement.

Limitation of Liability; Customer Assumption of Responsibility and Risk

Customer acknowledges and agrees that Service Provider shall have no responsibility or liability whatsoever for the use, operation, management, administration, content, functionality, or activities conducted through or in connection with the Website, except to the extent such liability cannot be excluded under applicable law.

Customer shall be solely and exclusively responsible for all uses of the Website, whether by Customer, its employees, agents, representatives, contractors, customers, visitors, users, or any other third parties accessing or interacting with the Website.

Without limiting the foregoing, the parties expressly acknowledge and agree as follows:

(a) Sole Responsibility of Customer. Customer assumes full, complete, and exclusive responsibility for the Website and all activities, transactions, communications, representations, publications, information, materials, products, services, and other content made available, displayed, transmitted, collected, or otherwise utilized through the Website. Customer shall be solely responsible for ensuring that all uses of the Website comply with applicable federal, state, and local laws, regulations, ordinances, and other legal requirements.

(b) Disclaimer of Service Provider Liability. To the fullest extent permitted by applicable law, Service Provider shall not be responsible or liable for any claims, demands, damages, losses, liabilities, costs, expenses, penalties, fines, judgments, or causes of action of any kind arising out of, relating to, or resulting from the use or misuse of the Website, regardless of whether such claims arise from actions or omissions of Customer or any third party. This limitation includes, without limitation, claims involving Website content, transactions, communications, user conduct, privacy, data collection, regulatory compliance, intellectual property, consumer protection, accessibility, and any other activities conducted through or associated with the Website.

(c) Assumption of Risk. Customer expressly acknowledges that the operation and use of a website involve inherent legal, commercial, operational, technological, cybersecurity, and other risks. Customer knowingly, voluntarily, and exclusively assumes all such risks associated with the Website and its use. Customer agrees that Service Provider shall not be responsible for monitoring, supervising, reviewing, approving, or otherwise overseeing Customer’s use of the Website or determining whether such use complies with applicable laws or regulations, unless expressly required under a separate written agreement executed by the parties.

(d) Release and Waiver of Claims. To the fullest extent permitted by applicable law, Customer hereby irrevocably releases, waives, and discharges Service Provider and its owners, officers, directors, employees, agents, representatives, affiliates, successors, and assigns from any and all claims, demands, liabilities, damages, losses, costs, and expenses arising out of or relating to Customer’s use, operation, management, or administration of the Website, whether such claims are known or unknown, foreseeable or unforeseeable, except to the extent such claims cannot lawfully be waived or released.

(e) Indemnification and Hold Harmless. Customer agrees to defend, indemnify, and hold harmless Service Provider and its owners, officers, directors, employees, agents, representatives, affiliates, successors, and assigns from and against any and all third-party claims, actions, proceedings, damages, liabilities, judgments, settlements, penalties, fines, costs, and expenses, including reasonable attorneys’ fees and litigation expenses, arising out of or relating to:

  1. Any use or misuse of the Website by Customer or any third party;
  2. Any content, information, products, services, or materials published, offered, transmitted, or distributed through the Website;
  3. Any actual or alleged violation of applicable laws, regulations, or third-party rights arising from the Website’s use or operation;
  4. Any transactions, communications, interactions, or relationships occurring through or facilitated by the Website;
  5. Any claim brought by a customer, visitor, user, governmental authority, or other third party relating to the Website or its use; or
  6. Any act, omission, negligence, misconduct, or breach of this Agreement by Customer or any person acting on Customer’s behalf.

The foregoing indemnification obligations shall apply regardless of whether Service Provider has been notified of the possibility of such claims or damages, subject to any limitations imposed by applicable law.

(f) No Duty to Monitor or Supervise. Service Provider shall have no obligation to monitor, inspect, supervise, regulate, or control the Website or Customer’s use thereof. Service Provider’s provision of website development, hosting, maintenance, technical support, design, or other services shall not create or imply any responsibility for the legality, appropriateness, accuracy, security, or consequences of Customer’s use of the Website, except for obligations expressly undertaken by Service Provider in this Agreement.

(g) Survival. The disclaimers, releases, limitations of liability, assumption-of-risk provisions, and indemnification obligations contained in this Section shall survive the expiration, termination, or cancellation of this Agreement, regardless of the reason for such expiration, termination, or cancellation.

CUSTOMER ACKNOWLEDGMENT OF EXCLUSIVE RESPONSIBILITY.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT SERVICE PROVIDER IS ENGAGED SOLELY TO PROVIDE THE SPECIFIC SERVICES EXPRESSLY IDENTIFIED IN THIS AGREEMENT AND IS NOT RESPONSIBLE FOR CUSTOMER’S BUSINESS OPERATIONS, WEBSITE ACTIVITIES, WEBSITE CONTENT, LEGAL OR REGULATORY COMPLIANCE, OR THE ACTIONS OF ANY PERSON OR ENTITY USING OR ACCESSING THE WEBSITE. CUSTOMER ASSUMES SOLE AND EXCLUSIVE RESPONSIBILITY FOR ALL SUCH MATTERS AND AGREES THAT SERVICE PROVIDER SHALL HAVE NO LIABILITY ARISING THEREFROM TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

No Guarantees; Disclaimer of Warranties and Representations

Service Provider makes no guarantees, warranties, representations, or assurances of any kind, whether express or implied, regarding the Website, its operation, performance, functionality, availability, security, reliability, suitability, effectiveness, or results arising from its use.

Customer expressly acknowledges and agrees that the Website and all related services are provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, except as expressly set forth in this Agreement.

To the fullest extent permitted by applicable law, Service Provider expressly disclaims all warranties, express, implied, statutory, or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, title, noninfringement, accuracy, uninterrupted operation, and freedom from errors or defects.

Service Provider makes no guarantee that the Website will operate without interruption, be error-free, remain continuously accessible, be free from security vulnerabilities, meet Customer’s particular business objectives, comply with any specific legal or regulatory requirements, or produce any particular commercial, financial, operational, or other results.

Customer acknowledges that Service Provider has made no promises or guarantees concerning the Website’s performance, functionality, profitability, effectiveness, security, compliance or suitability for Customer’s intended purposes. Customer further acknowledges that it has not relied upon any representation, warranty, promise, or guarantee by Service Provider except those expressly stated in this Agreement.

Customer assumes sole and exclusive responsibility for determining whether the Website is appropriate for its intended uses and for all risks, consequences, liabilities, and obligations associated with its operation and use.

Under no circumstances shall Service Provider be deemed to have guaranteed any particular outcome, result, level of performance, or benefit arising from the Website or its use. Customer agrees that any decision to use, operate, maintain, publish content through, or conduct business using the Website is made entirely at Customer’s own discretion and risk.

Nothing in this Section shall create any obligation or liability on the part of Service Provider beyond those expressly undertaken in this Agreement, nor shall it exclude any warranty or liability that cannot lawfully be disclaimed.

No Guarantees; Disclaimer of Warranties and Representations

Service Provider makes no guarantees, warranties, representations, or assurances of any kind, whether express or implied, regarding the Website, its operation, performance, functionality, availability, security, reliability, suitability, effectiveness, or results arising from its use.

Customer expressly acknowledges and agrees that the Website and all related services are provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, except as expressly set forth in this Agreement.

To the fullest extent permitted by applicable law, Service Provider expressly disclaims all warranties, express, implied, statutory, or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, title, noninfringement, accuracy, uninterrupted operation, and freedom from errors or defects.

Service Provider makes no guarantee that the Website will operate without interruption, be error-free, remain continuously accessible, be free from security vulnerabilities, meet Customer’s particular business objectives, comply with any specific legal or regulatory requirements, or produce any particular commercial, financial, operational, or other results.

Customer acknowledges that Service Provider has made no promises or guarantees concerning the Website’s performance, functionality, profitability, effectiveness, security, or suitability for Customer’s intended purposes. Customer further acknowledges that it has not relied upon any representation, warranty, promise, or guarantee by Service Provider except those expressly stated in this Agreement.

Customer assumes sole and exclusive responsibility for determining whether the Website is appropriate for its intended uses and for all risks, consequences, liabilities, and obligations associated with its operation and use.

Under no circumstances shall Service Provider be deemed to have guaranteed any particular outcome, result, level of performance, or benefit arising from the Website or its use. Customer agrees that any decision to use, operate, maintain, publish content through, or conduct business using the Website is made entirely at Customer’s own discretion and risk.

Nothing in this Section shall create any obligation or liability on the part of Service Provider beyond those expressly undertaken in this Agreement, nor shall it exclude any warranty or liability that cannot lawfully be disclaimed.

NO GUARANTEE OF RESULTS; CUSTOMER ASSUMPTION OF RISK. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT SERVICE PROVIDER MAKES ABSOLUTELY NO GUARANTEES REGARDING THE WEBSITE OR ANY RESULTS ARISING FROM ITS USE. CUSTOMER ACCEPTS THE WEBSITE AND ALL ASSOCIATED SERVICES AT ITS SOLE RISK AND ASSUMES FULL AND EXCLUSIVE RESPONSIBILITY FOR ALL USES, ACTIVITIES, TRANSACTIONS, CONSEQUENCES, AND LIABILITIES ARISING FROM OR RELATING TO THE WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SERVICE PROVIDER SHALL HAVE NO LIABILITY FOR ANY LOSS, DAMAGE, CLAIM, EXPENSE, OR OTHER CONSEQUENCE ARISING FROM CUSTOMER’S USE OR MISUSE OF THE WEBSITE, EXCEPT TO THE EXTENT SUCH LIABILITY CANNOT LAWFULLY BE EXCLUDED.

 

 

Last revised:

10/16/2026 – Reaffirmed, reiterated, and restated limitation of liability and no guarantees.