Revised Jan. 7, 2010, 1:14 PM EST.
For the purposes of this document, "InkFist.Com" shall mean "Bogart Salzberg, doing business as InkFist.Com."
General Information
These Terms of Service set forth the basic rules which apply to InkFist.Com's services and use of its system. InkFist.Com may change these Terms of Service in the future upon notice published on-line or otherwise provided by InkFist.Com. BY USING INKFIST.COM'S SERVICES AND SYSTEM, A CUSTOMER AGREES TO COMPLY WITH AND TO BE LEGALLY BOUND BY THE TERMS OF SERVICE AS PUBLISHED ONLINE OR OTHERWISE AVAILABLE FROM INKFIST.COM FROM TIME TO TIME. If the Terms of Service, InkFist.Com's services, system or pricing is or becomes unacceptable to a customer, the customer's only right shall be to terminate its account in accordance with the Section labeled "Suspension & Cancellation".
InkFist.Com's general policy is to act as a neutral provider of web development and web hosting services. InkFist.Com has specific ethical concerns regarding the use of its servers. InkFist.Com reserves the right to suspend or cancel a customer's access to any or all services provided by InkFist.Com when InkFist.Com decides, in its sole discretion, that the account has been inappropriately used.
Lawful Use of Service
InkFist.Com's system and services may only be used for lawful purposes and in a manner in which InkFist.Com believes, in its sole discretion, to be consistent with the rights of other InkFist.Com customers and third parties. While InkFist.Com is not responsible for the content of hosted web sites, content on all InkFist.Com hosted web sites must comply with all federal, state and local laws and must not infringe the rights of any third party. InkFist.Com's services and system may only be used for lawful purposes and consistent with all rights of other parties. Without limiting the foregoing, InkFist.Com's services and system shall not be used in a manner which would violate any law or infringe any copyright, trademark, trade secret, right of publicity, privacy right or any other right of any person or entity or for the purpose of transmitting or storing of material which is objectionable, obscene, threatening, hateful, libelous or defamatory. Use and access to other networks through InkFist.Com's server must comply with the rules for such other networks.
Determination of a violation will be made at the sole discretion of InkFist.Com, and InkFist.Com, in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. InkFist.Com reserves the right to release the names of customers involved in violations of the foregoing to system administrators at other providers, in order to assist them in resolving disruptions and security incidents, and to valid law enforcement authorities investigating illegal activities.
Customer agrees to reimburse InkFist.Com for all legal costs, personnel costs and processing costs associated with assisting law enforcement in the investigation of illegal activities.
InkFist.Com's services may be used to obtain indirect access to the internet at large, which may contain language and/or images that are intended for adults only. Customers under the age of 18 must have parental or legal guardianship approval to utilize such services. InkFist.Com is not responsible for the viewing of any adult materials by a minor.
Modifications to Service
The services provided by InkFist.Com and InkFist.Com's servers are expected to change from time to time. InkFist.Com reserves the right to change any service offered or the features of any service offered or its server without notice, including changes to access and use procedures and system hardware and software.
Applicable Charges for Labor
Unless stated otherwise by explicit mutual agreement in writing, customer agrees to pay InkFist.Com 50 United States dollars per hour of labor performed by InkFist.Com and its subcontractors, and to reimburse InkFist.Com for costs incurred in performance of such labor. Labor and related charges listed on any invoice are due and payable upon receipt of the invoice.
Applicable Charges for Ongoing Services
Unless stated otherwise by explicit mutual agreement in writing, customer agrees to pay InkFist.Com 121 dollars per year for electronic computation, storage or distribution services performed on an ongoing basis by the hardware and/or software of InkFist.Com's servers.
Services to be considered ongoing include, but are not limited to:
1. Storage of customer data.
2. Transmission of customer data.
3. Availability of an FTP account.
4. Availability of an email account (e.g. via SMTP, POP or IMAP).
5. Availability of DNS service.
6. Availability of web hosting service.
The initial billing period shall commence at the time when a customer's first ongoing service begins. Unless otherwise agreed, service periods automatically renew, upon completion, under the same terms.
Cooperation of the Customer
Occasionally InkFist.Com will ask a customer to update the customer's domain registration account in order to work with InkFist.Com's system, for example by updating the domain's authoritative name servers. It is the responsibility of the customer to achieve the necessary updates. If the customer fails to achieve the required updates within 15 days, InkFist.Com has the right to deny contingent services to the customer as necessary in order to maintain overall system quality.
Payment Terms
A customer must pay fees per InkFist.Com's rate schedule in effect from time to time as a condition to obtaining access to InkFist.Com's services and system. Rate changes will be effective when published on-line or otherwise provided to customers.
Payments must be made by cash, check, money order or PayPal. Checks and/or money orders shall be made payable to "InkFist.Com". Payments shall be presented in person to Bogart Salzberg or delivered to the office of InkFist.Com at 56 Quebec Street, Portland, ME 04101 by the customer or by any major letter carrier or courier. PayPal payments shall be made to the PayPal account named 'webmaster@inkfist.com'.
Payments not received within 30 days of the due date are considered delinquent. Delinquent accounts are subject to immediate suspension. Customers are subject to a 5 percent per month late fee on all past due amounts. Accounts which are delinquent for a period of 60 consecutive days are subject to immediate termination without notice.
If you pay by check, a bounced check will result in a service charge of 15 U.S. Dollars.
To re-activate a suspended account, a customer must contact InkFist.Com in person or by telephone to make acceptable arrangements for payment.
Subcontractors
InkFist.Com may, at its sole discretion, elect to subcontract any development or hosting service commissioned by or due to any customer at any time. InkFist.Com reserves the right to share customer information with subcontractors in order to support the provision of such services.
Suspension & Cancellation
Upon notification of a customer's intention to cancel service with InkFist.Com, the customer's account may remain active on the server for up to 30 days. Cancellations can only be accepted in person, by telephone, or via electronic mail from an address associated with the customer's account.
Accounts terminated for non-payment will be re-activated only upon the receipt of the full amount past due.
Please note that InkFist.Com may take up to 15 days to re-activate any account that was terminated due to non-payment.
Uptime
InkFist.Com's servers shall remain operational 99.99 percent of the time each calendar year. For the purposes of this section, "operational" shall be defined as a state of readiness to communicate over the internet. If upon completion of a calendar year InkFist.Com's servers are determined (by InkFist.com, at its sole discretion) to have failed to meet this standard, hosting customers shall be entitled to a pro-rated credit of 50 times the duration of the non-operational period less the 0.01 percent allowed. Any such credit shall be applicable to a customer's next invoice(s), until exhausted. However, with regard to assessing the duration of its servers' operational period, InkFist.com shall be the sole assessor of the duration. Additionally, InkFist.Com shall not be responsible for connectivity disruptions that are outside the control of its servers.
Software
In the course of providing its services, InkFist.Com develops, configures, uses and maintains a large number of software products. Some of these software products are available for customers to configure and/or use. The customer assumes all risk with respect to the customer's configuration and/or use of such software.
Acceptable Use
Access
It is the responsibility of the customer to keep their password secure.
Customer is responsible for all use or misuse, with or without customer's knowledge or consent, of their InkFist.Com account.
Email confidentiality
InkFist.Com does not guarantee the privacy of email messages. In addition, InkFist.Com reserves the right to view a customer's email if and when it becomes necessary in order to ensure continued availability and reliability of email services.
Confidentiality of other information
InkFist.Com may view any data on its servers for the purpose of fulfilling its service obligations and enforcing its terms of service. However, a customer's files and logs of a customer's activities will not be shared with third parties unless required by law, or as directed by the customer.
Limits on disk space usage
InkFist.Com's customer accounts are subject to a limit of 5 GB of disk space for all their disk usage, including incoming mail files and web pages. InkFist.Com reserves the right to remove files that exceed this limit.
The customer is responsible for keeping backups of customer files stored on InkFist.Com's server.
InkFist.Com's customer accounts are subject to a limit of 1 GB of data transfer per month for all uses, including incoming and outgoing mail files and web pages. Excess transfer costs are 25 cents per megabyte. InkFist.Com reserves the right to either remove your web site or bill for excess data transfer.
Unauthorized use of other people's accounts or computers
InkFist.Com will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "social engineering" (tricking other people into releasing their passwords), password cracking, security hole exploits, and the like.
Commercial advertisements
Unsolicited commercial advertisements are not allowed in email, and may result in account suspension or cancellation.
Illegal material
When presented with a search warrant, InkFist.Com is obligated to release any information named therein, and will cooperate with the authorities in any criminal investigation of inappropriate Internet usage.
Harassment
Harassment or abusive use of email and other internet services is a rare but serious misuse of internet resources. InkFist.Com, in its sole discretion, will handle incidents of harassment on a case-by-case basis, consulting with all parties involved.
Inappropriate use of web service
InkFist.Com will handle potentially inappropriate web pages on a case-by-case basis. Examples of inappropriate information include downloadable virus code and images or speech of an objectionable, obscene, threatening, hateful, libelous or defamatory manner.
Automated use of services
Customers may not run persistent, automated or scheduled shell processes such as daemons, cron jobs or robots without first obtaining specific approval from InkFist.Com for each such process.
Limitation of Liability
USE OF INKFIST.COM'S SERVICES AND SYSTEM AND THE INTERNET IN GENERAL IS AT USER'S SOLE RISK. INKFIST.COM DOES NOT WARRANT THAT ITS SERVICES AND SYSTEM WILL BE UNINTERRUPTED, ERROR FREE, FREE FROM UNAUTHORIZED INTRUSION, OR THAT INKFIST.COM'S SERVICES OR SYSTEM WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY; NOR DOES INKFIST.COM MAKE ANY WARRANTY AS TO THE RESULTS OR INFORMATION OBTAINED FROM USE OF ITS SERVICE OR SYSTEM OR THE INTERNET IN GENERAL. INKFIST.COM'S SERVICES AND SYSTEM ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY OR ACCURACY, ALL OF WHICH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED EXCEPT TO THE EXTENT ANY WARRANTY CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. UNDER NO CIRCUMSTANCES SHALL INKFIST.COM BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMIATION, LOSS OF PROFITS. WITHOUT LIMITING THE FOREGOING, INKFIST.COM WILL NOT BE LIABLE FOR DAMAGES RESULTING FROM THE USE OR INABILITY TO USE ALL OR ANY PART OF INKFIST.COM'S SYSTEM OR SERVICES, RELIANCE BY ANY PERSON ON INFORMATION OBTAINED THROUGH INKFIST.COM'S SERVICE OR THE INTERNET, DELETION OR LOSS OF FILES OR E-MAIL, VIRUSES, ANY DELAY OR FAILURE OF PERFORMANCE, OR UNAUTHORIZED ACCESS TO RECORDS OR FILES. THE MAXIMUM LIABILITY OF INKFIST.COM TO ANY CUSTOMER OR USER FOR ANY AND ALL LOSS, CLAIM, DAMAGE OR LIABILITY OF ANY KIND, INCLUDING DUE TO INKFIST.COM'S NEGLIGENCE, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER TO INKFIST.COM DURING THE THREE MONTH PERIOD PRECEDING THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED OR LIABILITY TO BE LIMITED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO EVERY CUSTOMER.
Indemnity
The customer agrees to indemnify and hold harmless InkFist.Com, its agents, employees and its other customers from any and all claims, liabilities, damages, or expenses, including attorney fees, arising out of or resulting from any and all use of customer's account or the customer's web site whether or not authorized.
Non-Transferability
Customer's account and right to use InkFist.Com's services and system is not transferable without InkFist.Com's consent. Customer agrees to protect their password and account and to keep them secure from unauthorized users and use.
Interpretation
These Terms of Service supersede all other written and oral communications or agreements with regard to the subject matter. A waiver or modification of these Terms of Service shall only be effecting if in a writing signed by the proprietor of InkFist.Com. These Terms of Service shall be governed by and construed in accordance with the laws of the State of Maine without regard to choice or conflict of law principles. Any legal action or proceeding arising under or relating to the Agreement shall be brought in the federal or state courts of The State of Maine and the parties hereby consent to personal jurisdiction and venue therein. If any provision of these terms and conditions is found to be unenforceable or invalid, the remaining provisions shall be enforceable and valid to the greatest extent permitted by law.
Service Agreement Form
If you wish to confirm that you have read, understand and agree to abide by the terms of service presented above, please complete and submit this form: