This section details the Terms and Conditions under which GSWS operates and provides services to its customers. For additional information, please use the appropriate link below:
TERMS AND CONDITIONS
These Terms and Conditions govern the use of services provided by GSWS to its customers. By using GSWS services, you agree to all of the provisions contained or referred to in these Terms and Conditions. GSWS reserves the right to change these Terms and Conditions at any time in its sole discretion. Your use of GSWS services after such changes are posted to the web site constitutes your acceptance of the changes. We advise you consult these Terms and Conditions regularly for reference.
STATEMENT OF INTENT
The intent of our questionnaires and/or evaluations are to be used for informational purposes in connection with preliminary negotiations of the services described. This questionnaire and/or evaluation is not binding on either party and is not to be construed as an agreement or contract. If you wish to retain the services of Golden State Web Solutions, a separate written services contract must be executed by all parties.
Under no circumstance shall Golden State Web Solutions be liable for any special, indirect, incidental, consequential, or punitive damages of any kind or nature whatsoever, including, but not limited to, loss of goodwill, lost profits, loss of data or software, or business interruption or impairment. Golden State Web Solutions will not be liable for such aforementioned damages whether or not such damages arise from breach of any express or implied warranty, breach of contract, tort (including negligence), strict product liability, or otherwise even if such damage could have been reasonably foreseen, except in the case of personal injury where and to the extent applicable law requires such liability.
Prior to allowing Golden State Web Solutions to access Customer’s computer or information systems, downloading any material, or installing any applications and/or software, it is the Customer’s responsibility to back up all computer data and applications.
Any material downloaded or otherwise accessed through the use of Golden State Web Solutions’ services is done at Customer’s discretion and at Customer’s own risk. Golden State Web Solutions makes no warranties or guarantees relating to downloaded material is not responsible for any damage to Customer’s computer system or loss of data resulting from downloading any material and/or software. Customer hereby assumes all risk of damage to all computer and/or information systems.
HOLD HARMLESS CLAUSE
Customer shall indemnify and hold Golden State Web Solutions (“GSWS”) harmless from and against any and all claims arising from Customer’s use of GSWS’s services, from the conduct of GSWS’s business, or from any activity, work, or things which may be permitted or suffered by Customer including all damages, costs, attorney’s fees, expenses and liabilities incurred in the defense of any claim or action or proceeding arising therefrom. Customer shall indemnify and hold GSWS harmless from and against any and all claims arising from third parties or damages caused to third parties as a result of Customer’s use of GSWS’s services. This clause does not apply to GSWS’s willful or grossly negligent conduct.
When customers disseminate information through the Internet, they also must keep in mind that GSWS does not review, edit, censor, or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over GSWS’s network and may reach a large number of people, including both customers and noncustomers of GSWS, customers’ postings to the Internet may affect other subscribers and may harm GSWS’s goodwill, business reputation, and operations. For these reasons, customers violate GSWS policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:
Sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”). It is not only harmful because of its negative impact on consumer attitudes toward GSWS, but also because it can overload GSWS’s network and disrupt service to GSWS subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, GSWS has the discretion to determine from all of the evidence whether the email recipients were from an “opt-in” email list.
- INTELLECTUAL PROPERTY VIOLATIONS
Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. GSWS is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also GSWS’s policy to terminate the privileges of customers who commit repeat violations of copyright laws.
- OBSCENE SPEECH OR MATERIALS
Using GSWS’s network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. GSWS is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through GSWS’s network.
- DEFAMATORY OR ABUSIVE LANGUAGE
Using GSWS’s network as a means to transmit or post defamatory, harassing, abusive, or threatening language.
- FORGING OF HEADERS
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
- ILLEGAL OR UNAUTHORIZED ACCESS TO OTHER COMPUTERS OR NETWORKS
Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).
- DISTRIBUTION OF INTERNET VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE ACTIVITIES
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service (DOS) attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.
- FACILITATING A VIOLATION OF THESE TERMS AND CONDITIONS
Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate these Terms and Conditions, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.
- EXPORT CONTROL VIOLATIONS
Exporting encryption software over the Internet or otherwise, to points outside the United States.
- USENET GROUPS
GSWS reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates these Terms and Conditions.
- OTHER ILLEGAL ACTIVITIES
Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.
- OTHER ACTIVITIES
Engaging in activities, whether lawful or unlawful, that GSWS determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.
- CANCELLATIONS AND BILLING
Accounts are billed on a monthly basis, unless other arrangements have been made and agreed upon by GSWS in writing. If the customer chooses to cancel, the customer will be billed for that entire month of service. Accounts are billed in advance (i.e. – if you open an account on July 1, the customer will pay for service for the month of July on July 1).In the event the customer has elected to prepay subsequent, additional months’ fees, GSWS retains the right to charge the customer an administrative fee and deduct the administrative fee from the subsequent, future months’ fees before refunding them to the customer.Services performed and Setup fees are nonrefundable.
- LIMITATIONS OF LIABILITY
GSWS services are provided “as is” without any warranty of any kind whatsoever, express or implied. GSWS is not liable for:
- A) (1) Any loss of use, loss of data, interruption of business, or (2) any indirect, special, incidental, consequential, or punitive damages of any kind (including, lost profits) regardless of the form of action.
- B) Any temporary delay, outages or interruptions of the services. Further, GSWS is not liable for any delay or failure to perform its obligations under these Terms and Conditions, where the delay or failure results from any act of God or other cause beyond its reasonable control (including, any mechanical, electronic, communications or third-party supplier failure).
- C) Any material downloaded or otherwise obtained through the use of GSWS is done at the customer’s own discretion and risk and that the customer is solely responsible for any damage to their computer system or loss of data that results from the download of any such material.
These Terms of Service constitute the entire agreement between the customer and GSWS and govern the customer’s use of GSWS services, superseding any prior agreements between the customer and GSWS. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.