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     ACCEPTABLE USE POLICY AND TERMS OF USE : :
 

This agreement represents the complete agreement and understanding between PersonaWeb and the account holder (hereinafter called Customer) and supersedes any other written or oral agreement. Upon notice published online via PersonaWeb services, PersonaWeb may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change services offered.

If you do not agree to these terms and conditions, please notify us at 1-909-606-9175 to cancel your account. Use of your account shall constitute your approval.

  1. Definitions:
    Basic Site Changes - Basic Site Changes include minimal text or picture edits which are allowed once per month without charge, submitted in batches through the Personaweb Change Form .
    Web Site - Your entire web site, including all web pages and services.
    Web Page(s) - Each individual page within your web site. Web Pages are generally counted as two full mouse scrolls on a typical monitor screen or somewhere between 200 to 400 words in a web page and/or between 1 to 5 pictures on a web page.
    Additional Web Pages / Site Additions - Web pages or site additions beyond the original Proposal / Scope of Services Agreement.
  2. Services provided to the Customer by PersonaWeb may only be used for lawful purposes. Transmission or publication of any information, data or material in violation of any U.S. Federal or state regulation or law is prohibited. This includes, but is not limited to, material protected by copyright, trade secret or any other statute, threatening material or obscene material. PersonaWeb reserves the right to remove any and all materials which infringe on copyright work. Such materials will be removed at any time upon receiving a complaint and or notice of copyright infringement.
  3. Customer agrees to defend, hold harmless and expeditiously indemnify PersonaWeb from any liability, claim, loss, damage or expense arising out of the indemnifying party's breach or violation of any covenant contained in this Policy and resulting from the Customer's use of the service.
  4. Basic Site Changes are allowed once per month and are limited to a reasonable amount of data that can be placed in the change form which is available to Customers here. The User Name is "user1" and the password is "pass1." When submitted through this form, changes are generally made within 48 business hours. Site change opportunities are not cumulative and are allowed only once per month in batches.
  5. Additional Web Pages or Site Additions are billed at $50.00 per web page (up to 400 words supplied by the Customer) with a minimum charge of $100.00 per occurance.
  6. PersonaWeb accounts cannot be transferred or used by anyone other than the subscriber. Customers may not sell, lease, rent or assign the connection or parts of the connection to any party not named in this Policy. Customer may allow ftp access to its server and host websites for its customers without violating this Policy.
  7. PersonaWeb reserves the right to cancel service for any reason without prior notice. In case of cancellation, unused fees may be returned to the subscriber on a pro-rata basis. Fees paid for design and/or setup and the first month's service are not refundable.
    If a customer re-registers after PersonaWeb's cancellation of the account without PersonaWeb's written consent, PersonaWeb will cancel Customer's account and all dues and fees paid to date regardless of whether service has been rendered will be forfeited. Additionally, any amounts due will be immediately payable.
  8. Design and Setup fees are not refundable.
  9. It will be the responsibility of the Customer to contact PersonaWeb in writing or via email for any cancellation of services.
  10. Additionally, Customer agrees not to utilize the PersonaWeb service, equipment or email address in connection with the transmission of the same or substantially similar UNSOLICITED message to 50 or more recipients or eight or more newsgroups in a single day. CUSTOMERS responsible for violating this clause of the PersonaWeb Acceptable Use Policy will be fined $200 per message. Payment by Customer under this provision shall not prevent PersonaWeb from seeking other legal remedies against Customer .
  11. Customer agrees not to transmit, promote, or otherwise make available any software, product or service that is either illegal or designed to violate this Agreement. Such software, products or services include, but are not limited to, programs designed to send unsolicited advertisements (i.e. "spamware") and services which send unsolicited advertisements.
  12. PersonaWeb requires that its agreements be made with a person who is qualified to contract. As such, subscriber must be over the age of eighteen (18) years. Otherwise, a parent or guardian must accept this agreement and enclose the proper payment. PersonaWeb cannot accept payments from persons who are not at least eighteen (18) years of age, nor can we accept agreements from persons who are not at least eighteen (18) years of age.
  13. Customer shall ensure that its use of PersonaWeb's network services shall not disrupt PersonaWeb, its associated networks or equipment forming part of the systems. In instances in which an excessive amount of system resources are utilized by a subscriber, PersonaWeb reserves the right to place CPU process limits on the Customer's account to prevent disruption of service to other customers. Customers shall not transmit any communication where the meaning of the message, or its transmission or distribution, would violate any applicable law or regulation or would likely be offensive to the recipient thereof. No message may be mass distributed, "broadcast," or otherwise sent on an intrusive basis to any PersonaWeb user or to any directly or indirectly attached network. Use of PersonaWeb's connection in a manner that is disruptive, damaging, unlawful, offensive, or intrusive as determined by PersonaWeb shall be considered a breach of this Policy and may result in cancellation of service. This prohibition extends to sending of unsolicited mass mailings from another service which in any way implicates the use of PersonaWeb's service, PersonaWeb's equipment or any site hosted on any PersonaWeb network.
  14. Customer warrants that any material submitted for publication on PersonaWeb does not violate or infringe any copyright, trademark, patent, statutory common law or proprietary interest of others or contain anything obscene or libelous. PersonaWeb reserves the right to remove any and all materials which infringe on copyright work. Such materials will be removed at any time upon receiving a complaint and or notice of copyright infringement.
  15. If PersonaWeb becomes aware of material that could be infringing on a third party's copyright, it will initiate an investigation. To conduct an investigation of copyright infringement, the Complainant must submit at least two items. First, Complainant must submit a claim in writing with the applicable copyright or trademark registration number and a copy of the underlying copyrighted work along with the Customer's materials. Second, Complainant must offer a good faith certification signed under penalty of perjury. This certification must state that the work is the property of the Complainant, that the work has been copied and that use of the work is not defensible. With this information in-hand, PersonaWeb, at its discretion, may, at any time deny access to the challenged material of Customer.
  16. Use of other organizations' networks or computing resources is subject to their respective permission and usage policies.
  17. For all new domains purchased at http://affinitydomain.com, there is a yearly non-refundable registration fee. View pricing details. You will receive a bill for domain renewals from Affinity Domain. You are responsible for renewals.
  18. Use of PersonaWeb's hosting services could involve listing subscriber's participation in relevant directories, and subscriber expressly grants permission for such listings.
  19. Although all hosting plans permit data transfer, each plan is subject to a surcharge in the event usage exceeds the certain allotted limits. Customer is responsible for charges related to excessive bandwidth.
  20. PersonaWeb makes no warranties of any kind, whether expressed or implied, for the service it is providing. PersonaWeb also disclaims any warranty of merchantability or fitness for a particular purpose. PersonaWeb will not be responsible for damages the customer suffers. This includes loss of data resulting from delays, non-deliveries, misdeliveries, or service interruptions caused by its own negligence, subscriber's errors or omissions, or due to the fault of third parties.
  21. If you believe that your work has been copied in a way that constitutes copyright infringement by a PersonaWeb customer ("the Customer"), you ("the Complaining Party") must first provide PersonaWeb’s Copyright Agent with the following information in writing ("the Notification"):
    1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
    2. a description of the copyrighted work that you claim has been infringed; if multiple copyrighted works at a single site are covered by a single notification, then include a representative list of such works at that site;
    3. a description of where the material that you claim is infringing is located on the site sufficient to permit us to locate the allegedly infringing material;
    4. your address, telephone number, and email address;
    5. a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
    6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

    PersonaWeb's Copyright Agent for Notice of claims of copyright infringement on its site can be reached as follows:
      By mail:
      Copyright Agent
      c/o Personaweb
      15942 Los Serranos Country Club Drive.
      Chino Hills, CA 91709
      copyright@PersonaWeb.com

    Upon receipt of the written Notification containing the above information by the Complaining Party, and only upon receiving such Notification, PersonaWeb will:
    1. Remove or disable access to the material that is alleged to be infringing;
    2. Forward the written notification to the alleged infringer ("the Customer");
    3. Take reasonable steps to promptly notify the Customer that it has removed or disabled access to the material.

    In response, the Customer may send a "Counter-Notification" to PersonaWeb. To be effective, the Counter-Notification must be in writing and include the following information:
    1. The Customer’s physical or electronic signature;
    2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
    3. A statement under penalty of perjury that the Customer has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
    4. The Customer’s name, address, and telephone number, and a statement that the Customer consents to the jurisdiction of the Federal District Court in which the address is located, or if the Customer is outside the United States, for any judicial district in which PersonaWeb may be found, and that the Customer will accept service of process from the person or his agent who provided the original Notification.

    Upon receipt of the written Counter-Notification containing the above information by the Customer, and only upon receiving such Counter-Notification, PersonaWeb will:
    1. Provide the Complaining Party with a copy of the Counter-Notification;
    2. Inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days;
    3. Replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter-Notification, provided PersonaWeb’s Copyright Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain the Customer from engaging in infringing activity relating to the material referenced in the Notification.
  22. Any party seeking to report any other potential violations of this Agreement may contact PersonaWeb via email at abuse@PersonaWeb.com.
  23. Transferring your domain to another provider does not constitute canceling your PersonaWeb account. You must notify PersonaWeb to formally cancel your account with PersonaWeb to avoid further charges.
  24. On occasion, PersonaWeb may have a need to communicate with its customers through email issues related to billing, as well as changes, additions and modifications to the network. It is the responsibility of the customer to check email sent to the primary login email address on the account.
  25. It is the responsibility of the customer to contact PersonaWeb of any changes to their account, such as phone number, address, credit card information, etc. Customers will be required to provide verification for security purposes authorizing them to make any changes to that account.

Special Terms for PTAWebsite.com

  1. Service on PTAWebsite.com and PTAWebsite.org is available only to those organizations that have the right to use the term PTA. If an organization is not affiated with the National PTA based in Chicago, they must use a different name.
  2. All above terms, except for fees stated apply to PTAWebsite sites as well.
 
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