ServInt FreeNet Terms and Conditions

This is your contract with ServInt FreeNet. Please read it carefully. In addition to describing your legal rights and obligations, it also tells you exactly what ServInt FreeNet offers in the way of free web services to nonprofit organizations, what it guarantees and what it does not.

1. A Member is any nonprofit entity who has registered with ServInt FreeNet and is approved by ServInt FreeNet as a 501(c)3 nonprofit organization. All Members must read and agree to adhere to these terms and conditions in order to legally make use of ServInt FreeNet's web services.
   
   
2. Member organizations agree that, as a requirement of membership, they are to maintain a "Hosted By ServInt FreeNet" logo on the home (index) page of their ServInt FreeNet hosted website. ServInt agrees to allow this logo usage. Neither these Terms and Conditions nor the ServInt FreeNet service create an agency or partnership relationship, or a third party beneficiary contract.
   
   
3. ServInt FreeNet agrees to waive all fees normally associated with paid webhosting services offered by ServInt FreeNet parent company ServInt Internet Services, and agrees to host qualified 501(c)3 nonprofit organizations free of charge..
   
   
4. Member organization agrees that becoming an approved Member of the ServInt Freenet entitles the Member organization only to FreeNet's free webhosting package. All other services offered by Servint FreeNet, including volunteer design, training classes and additional web service installation are done on a best-effort basis, but are not guaranteed to the Member organization.
   
   

1. ServInt FreeNet service is provided on an "as is, as available" basis. No warranties, express or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, are made with respect to ServInt FreeNet or any information or software therein. You release ServInt FreeNet from and ServInt FreeNet shall have no liability or responsibility for any direct, indirect, incidental or consequential damages suffered by you in connection with your use of or inability to use the ServInt services including, but not limited to, damages from loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions, or due to inadvertent release or disclosure of information sent by you even if the same is caused by ServInt FreeNet's own negligence. Without limiting the generality of the foregoing, ServInt FreeNet disclaims to the full extent permitted by applicable law any responsibility for (and under no circumstances shall be liable for) any conduct, content, goods and services available on or through the Internet or the ServInt FreeNet services. In no event shall ServInt 's aggregate liability exceed the amount paid by you to ServInt for the ServInt FreeNet services. Use of any information obtained via ServInt FreeNet 's Internet service is at the user's own risk. ServInt specifically disclaims any responsibility for the accuracy or quality of information obtained through its services.
   
   
2. Registrants agree and understand that ServInt FreeNet makes no representations concerning the quality, quantity, accuracy, reliability or other characteristics of any service or the services described in it. Members agree to indemnify and hold ServInt FreeNet harmless for errors in service, and from and against any claim made against ServInt FreeNet arising from or related to any website, except to the extent that any loss resulting from the claim is attributable to the negligence or willful misconduct of ServInt FreeNet. This indemnification obligation includes but is not limited to reasonable attorney fees and other costs associated with resolution or defense of the claim.
   
   

1. The right to use ServInt FreeNet's Internet service is not transferable. Use of ServInt FreeNet accounts is expressly limited to the 501(c)3 business whose name appears on the account and dependents of the account holder living at the same address. A Member may use no more than one log-in session per account at any time. If a Member has multiple accounts, the Member is limited to one log-in session per account at any time.
   
   

1. Member agrees to use the service in a manner consistent with any and all applicable laws and regulations of the United States of America, the Commonwealth of Virginia, and the Member's locality. Reproduction or transmission of any material in violation of any local, state, U.S., or international law or regulation is prohibited. The Member agrees that any material to be reproduced or transmitted on ServInt FreeNet's service through Member's account(s) does not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene, libelous or threatening. Software intended to facilitate any such violations or infringements may not be stored on ServInt FreeNet. The Member shall defend, indemnify and hold harmless ServInt FreeNet from and against any claims, liabilities and expenses, including attorney fees, resulting from any Member's use of the ServInt FreeNet service or a Member's account in an unlawful manner or otherwise in violation of or contrary to the Member's Agreement with ServInt or ServInt FreeNet's Terms and Conditions. At ServInt FreeNet's discretion, ServInt FreeNet may revoke any Customer's access to ServInt services or accounts for inappropriate usage.
   
   
2. All rights to the ServInt FreeNet web site, including copyrights, remain the property of ServInt FreeNet.
   
   
3. ServInt FreeNet makes no claims to the rights to the Member websites, including copyrights. All this remains the property of Members or affiliated parties.
   
   

1. The following types of conduct are grounds for immediate suspension of service pending investigation by ServInt FreeNet and may result in termination of the account(s) the investigation determines to have originated or transmitted these types of traffic. In addition, ServInt FreeNet reserves the right, where feasible, to implement technical mechanisms which block multiple postings by a ServInt FreeNet Member as described in (a) and (b) below before such postings are forwarded:
   
   
(a) Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., more than 20) or continued posting of articles which are off-topic according to the newsgroup charter, or which provoke complaints from the regular readers of the newsgroup for being inappropriate).

(b) Sending unsolicited mass E-Mailings (i.e., to more than 25 users) which provoke complaints from the recipients.

(c) Engaging in either (a) or (b) from a provider other than ServInt and using an account on ServInt as a mail drop for responses, or to draw attention to a web site housed within ServInt's networks.

(d) Continued harassment of other individuals on the Internet after being asked to stop by those individuals and/or by ServInt.

(e) Mail bombing, i.e., sending large volumes of unsolicited E-Mail to individuals or to individual business accounts.

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

(g) Privacy violations: Attempts, whether successful or not, to gain access to any other system or users' private data without express consent of the user.

(h) Use of IRC bots or clonebots on ServInt FreeNet, whether on IRC servers controlled by ServInt or by other parties. An IRC bot is a program which runs and is connected to an IRC server 24 hours a day, automatically performing certain actions.

(i) Network-unfriendly activity: Attempts to interfere with the regular workings of ServInt's systems or network connections or which adversely affect the ability of other people or systems to use ServInt services or the Internet, including, but not limited to:

1. any unauthorized attempts by a user to gain root access or access to any account not belonging to that user on this or any other ServInt system;

2. any use of this or any other ServInt FreeNet system as a staging ground to disable other systems.

(j) Any activity which violates the laws or statutes of the United States or the Commonwealth of Virginia.

1. ServInt FreeNet account descriptions specifies limits on bandwidth, CPU and disk utilization for Members.In the event ServInt FreeNet determines that a Customer is exceeding the bandwidth, CPU and/or disk utilization limits, the Member will be notified by E-Mail. If the excess use continues for more than 48 hours after such notification, the Member may be requested to apply for additional ServInt FreeNet services or to modify the activity creating the excess use. If excessive bandwidth, CPU or disk space utilization is determined by ServInt FreeNet to adversely affect ServInt's ability to provide service for all customers, immediate action may be taken to alleviate the problem. In such event, the Member will be notified by E-mail as soon as practicable.
   
   

1. ServInt FreeNet reserves the right to monitor any and all communications through or with ServInt FreeNet facilities. Member agrees that ServInt FreeNet is not considered a secure communications medium for the purposes of the Electronic Communications Privacy Act, and that no expectation of privacy is afforded. It may become necessary for ServInt FreeNet employees to examine system accounting logs and other records to determine if privacy violations or other network unfriendly activities have occurred. ServInt FreeNet also reserves the right to access a Member's mailbox or other files stored on ServInt FreeNet systems to resolve system problems or mail system errors.
   
   

1. ServInt FreeNet reserves the right to cooperate with law enforcement and other authorities in investigating claims of illegal activity including, but not limited to, illegal transfer or availability of copyrighted material, postings or e-mail containing threats of violence or other illegal activity.
   
   

1. ServInt FreeNetwill not release a Member's personal subscriber information, to any third party except upon presentation of a valid court order of a government or entity within our jurisdiction. Member agrees that ServInt FreeNet's judgment as to the validity of any court order of subpoena shall be considered proper and final.
   
   

1. ServInt FreeNet reserves the right to suspend or cancel service to a Members at any time and without notice, for any reason, including, but not limited to, by sole judgment of ServInt FreeNet that the Member may be performing activities harmful to ServInt FreeNet or its Members, employees, vendors, business relationships or any other users of the Internet.
   
   

1. ServInt FreeNet reserves the right to collect damages (software, hardware and man hours) if any harm is done to ServInt FreeNet which requires repair or reconfiguration of any kind.
   
   

1. Nothing contained in these policies shall be construed to limit action ServInt FreeNet may take or remedies available to ServInt FreeNet in any way with respect to any of the described conduct. ServInt FreeNet reserves the right to take any additional actions ServInt FreeNet may consider appropriate with respect to such conduct, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the ServInt service. In addition, ServInt FreeNet reserves at all times all rights and remedies available to ServInt FreeNet with respect to such conduct at law or in equity. Non-enforcement of any policy or rule herein does not constitute consent or waiver, and ServInt reserves the right to enforce such policy or rule at its sole discretion.
   
   

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

1. These Terms and Conditions constitute the entire agreement between ServInt FreeNet and Members. ServInt FreeNet may modify these Terms and Conditions at any time, effective immediately upon publication on the ServInt FreeNet website. Member's use of ServInt services after such notice shall constitute Member's acceptance of the modifications to these policies.
   
   

Questions should be directed to free@servintfree.net.

ServInt FreeNet Terms & Conditions * The ServInt FreeNet's Privacy Policy