Terms of Service

Honesty and integrity is what Pluh.net strive for. We also believe in a safe and secure network. Below is what you agree to upon signing up:

Pluh.net provides web hosting and web development. Troubleshooting any user modified content, coding, or databases may require a service fee depending on the tasks. Fees will be quoted beforehand so users can decide whether they wish to proceed with troubleshooting.

Pluh.net does not condone nor allow spam of any kind with any hosting - paid or otherwise. Accounts that are responsible for spam will be shut off without refund.

Pluh.net users are legally and soley responsible for all their content. Pluh.net is not responsible for any legal ramifications that any user content may cause.

That's the short version. For you lawyers out there, here's the long version:


TERMS OF SERVICE
These are the Acceptable Use Policies (AUP) of Pluh LLC. All clients of Pluh LLC agree to abide by these policies. Continued use of Pluh LLC services constitutes acceptance and agreement with these policies.

Introduction
The primary purpose of Pluh LLC is to facilitate communication with the numerous computer networks commonly referred to collectively as "the Internet."

It is Pluh LLC's intention to allow Pluh LLC users complete access to everything the Internet has to offer, with minimal or no interference from Pluh LLC.

However, many of the individual networks or portions of the Internet have specific guidelines for use. As the Internet expands, it is increasingly common for Web Hosting Company, such as Pluh LLC, to be blocked from use of another organization's systems due to violations of that system's guidelines. Because Pluh LLC runs multi-user systems, actions of one Pluh LLC customer can have a severe impact on other customers' ability to use the system(s). This is unfair to all Pluh LLC users.

To this end, Pluh LLC has developed these Acceptable Use Policies (AUP). They are intended to inform Pluh LLC's Customers of what Pluh LLC considers to be acceptable conduct in relation to the Internet, and to inform Customers what actions Pluh LLC may take, with or without notice, in the event that Pluh LLC becomes aware of inappropriate use of Pluh LLC's service. This AUP will be used to help Pluh LLC system administrators deal with complaints from users of Pluh LLC or other Internet-connected systems, and to determine when action should be taken. All Pluh LLC Customers are required to follow the policies set forth herein. These policies are drawn from applicable law and generally accepted standards of Internet conduct, and are intended to ensure protection of Pluh LLC's technical resources, ability to continue to provide high quality service to its customers, and the protection of Pluh LLC's reputation as a service provider.

ACCESS TO Pluh LLC's INTERNET SERVICE IS PROVIDED SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:

1. Warranties/Disclaimers
Pluh LLC Internet 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 Pluh LLC Internet service or any information or software therein. You release Pluh LLC from and Pluh LLC 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 Pluh LLC Internet 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 Pluh LLC's own negligence. Without limiting the generality of the foregoing, Pluh LLC 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 Pluh LLC services. Notwithstanding the foregoing, should a court determine that Pluh LLC is liable to one of its customers for any reason, in such event Pluh LLC's aggregate liability shall not exceed the amount paid by you to Pluh LLC for the Pluh LLC Internet services. Use of any information obtained via Pluh LLC's Internet service is at the user's own risk. Pluh LLC specifically disclaims any responsibility for the accuracy or quality of information obtained through its services.

2. Security
The Customer is responsible for all use of the Customer's account(s) and confidentiality of password(s), including choosing safe passwords and ensuring file protections are set correctly. Pluh LLC will suspend access or change access to Customer's account(s) as soon as reasonably possible following notification by Customer that Customer's password has been lost, stolen or otherwise compromised. Pluh LLC is not liable for any usage and or charges prior to Pluh LLC making the necessary account alteration. Electronic mail on this system is as private as our policies and software allow. Pluh LLC's Customers are reminded that no computer network can ever be considered completely safe from intrusion. E-Mail may pass through many computer systems, and should not be considered a secure means of communication unless encrypted - and even encrypted information is only as secure as the encryption method utilized.

3. Personal Files
Pluh LLC is not responsible for any Customer's personal files residing on Pluh LLC. The Customer is responsible for independent backup of the Customer's data that is stored on Pluh LLC. Pluh LLC reserves the right to delete any Customer 's personal files after one or both parties terminates the service agreement between Pluh LLC and the Customer.

4. Non-Transferability of Account The right to use Pluh LLC's Internet service is not transferable. Use of Pluh LLC accounts is expressly limited to the individual or business whose name appears on the account and dependents of the account holder living at the same address.

5. Network Address Ownership
Any network address assignments issued by Pluh LLC (i.e., IP addresses and Class C address space) are the property of Pluh LLC and are considered to be loaned to its customers. In the event service with Pluh LLC is discontinued for any reason, such addresses will revert to Pluh LLC. If a Customer of Pluh LLC participates in a service of Pluh LLC which provides for a unique Domain Name System (DNS) entry, the Customer will retain ownership of the assigned Domain Name, but no t the IP address to which it was assigned by Pluh LLC.

6. Compliance with all Laws
Customer agrees to use the service in a manner consistent with any and all applicable laws, rulesand regulations of the United States of America and the Customer's locality. Reproduction or transmission of any material in violation of any local, state, U.S., or international law or regulation is prohibited. The Customer agrees that any material to be reproduced or transmitted on Pluh LLC's service through Customer '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 Pluh LLC. The Customer shall defend, indemnify and hold harmless Pluh LLC from and against any claims, liabilities and expenses, including attorney fees, resulting from any Customer's use of the Pluh LLC service or a Customer's account in an unlawful manner or otherwise in violation of or contrary to the Customer's Agreement with Pluh LLC or Pluh LLC's Acceptable Use Policies. At Pluh LLC's discretion, Pluh LLC may revoke any Customer's access to Pluh LLC services or accounts for inappropriate usage.

7. Unacceptable Conduct
The following types of conduct are grounds for immediate suspension of service pending investigation by Pluh LLC and may result in termination of the account(s) if the investigation determines Customer originated or transmitted these types of traffic. In addition, Pluh LLC reserves the right, where feasible, to implement technical mechanisms which block multiple postings by a Pluh LLC Customer 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 Pluh LLC and using an account on Pluh LLC as a mail drop for responses, or to draw attention to a web site housed within Pluh LLC's networks.

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

(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 Pluh LLC, whether on IRC servers controlled by Pluh LLC 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 Pluh LLC's systems or network connections or which adversely affect the ability of other people or systems to use Pluh LLC services or the Internet, including, but not limited to:

(i) 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 Pluh LLC system;

(ii) any use of this or any other Pluh LLC system as a staging ground to disable other systems.

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

(k) Any Explicit material such as Pornography or links to Pornography are strictly prohibited and any account found serving anything of such material will be suspended immediately.

8. Excess Utilization of System or Network Resources
Pluh LLC account descriptions in some cases may specify limits on bandwidth, CPU and disk utilization for certain types of Customers. In the event Pluh LLC determines that a Customer is exceeding the bandwidth, CPU and/or disk utilization limits, the Customer will be notified by E-Mail. If the excess use continues for more than 48 hours after such notification, the Customer may be requested to modify the activity creating the excess use. If excessive bandwidth, CPU or disk space utilization is determined by Pluh LLC to adversely affect Pluh LLC's ability to provide service for all customers, immediate action may be taken to alleviate the problem. In such event, the Customer will be notified by E-Mail as soon as practicable.

9. Compliance with Rules of Other Networks
In addition to complying with AngelCities AUP and rules, Customer must also comply with the rules for any other network connected to Pluh LLC's Internet service.

10. Monitoring/Privacy
Pluh LLC reserves the right to monitor any and all communications through or with Pluh LLC facilities. Customer agrees that Pluh LLC 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 Pluh LLC employees to examine system accounting logs and other records to determine if privacy violations or other network unfriendly activities have occurred. Pluh LLC also reserves the right to access a Customer's mailbox or other files stored on Pluh LLC systems to resolve system problems or mail system errors.

11. Cooperation with Authorities
Pluh LLC 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.

12. Confidentiality of Personal Subscriber Information
Pluh LLC will not release a Customer's personal subscriber information, nor a Customer's billing information, to any third party except upon presentation of a valid court or agency. Customer agrees that Pluh LLC's judgment as to the validity of any court or agency order or subpoena shall be considered proper and final. Notwithstanding the foregoing, AngelCities reserves the right to release Customer information to law enforcement or any other authority with jurisdiction over a matter if AngelCities reasonably determines that Customer is, directly or indirectly, participating in or facilitating any illegal activity or other activity calculated to harm other Customers of Angel Cities or other network cites. Pluh LLC reserves the right to release Customer information to third parties if Pluh LLC reasonably determines that the Customer's actions directly or indirectly harm said parties.

12.1 Members must agree to accept our email messages as part of their service. We only use email to inform you of new membership benefits and features, to let you know of urgent problems on our site, and to present special members-only opportunities to buy products and services that are appropriate to the interests of our Communities. And we keep these messages to a minimum.

13. Pluh LLC's Right to Suspend or Cancel Account
Pluh LLC reserves the right to suspend or cancel service to a Customer at any time and without notice, for any reason, including, but not limited to, refusal or failure to pay for services provided or by sole judgment of Pluh LLC that the Customer may be performing activities harmful to Pluh LLC or its Customers, employees, vendors, business relationships or any other users of the Internet.

14. Right to Damages
Pluh LLC reserves the right to seek damages from any Customer for any injury to its software, hardware or for man hours if the actions of such Customer cause any harm to Pluh LLC, which requires repair or reconfiguration of any kind.

15. Other Remedies/Non-Waiver
Pluh LLC reserves the right to take any additional actions Pluh LLC 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 Pluh LLC system. Nothing contained in these policies shall be construed to limit the actions Pluh LLC Internet service mat take, including without limitation levying cancellation charges to cover Pluh LLC's costs in the event of disconnection of dedicated access for the causes outlined above. In addition, Pluh LLC reserves at all times all rights and remedies available to Pluh LLC 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 Pluh LLC reserves the right to enforce such policy or rule at its sole discretion.

16. Pluh LLC's Right to Change or Discontinue Service Pluh LLC reserves the right to change or discontinue without notice the Pluh LLC Internet service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors and services offered.

17. Pluh LLC's Right to Modify its Acceptable Use Policies Pluh LLC may modify its Acceptable Use Policies upon notice published online via Pluh LLC. Customer's use of Pluh LLC services after such notice shall constitute Customer's acceptance of the modifications to these policies.

18. Indemnifications
Customer agrees to defend, indemnify and hold harmless Pluh LLC and its owners, officers, shareholders, directors, employees, affiliates and subsidiaries from and against any and all claims, demands, liabilities, proceedings, damages, injuries, losses, costs and expenses (including, without limitation, reasonable attorneys fees) arising out of or relating to:

(a) Any acts or omissions by Customer undertaken in connection with the Internet page, including, without limitation, those arising out of or related to any breach of:

(i) any Customer warranties, representations, or covenants hereunder;

(ii) inaccuracy of any information, including false advertising claims and unfair competition claims; or

(iii) claims and investigations made by any Federal or State agency arising out of information contained on the Customer's Internet page: or

(b) Violations of any third-party intellectual property rights, or any claim of infringement, misappropriation or violation of a right of a third party (including, without limitation, a trade secret claim, a defamation or libel claim, or an obscenity claim).

19. Miscellaneous Provisions

19.1 - Prevention of Performance
The parties shall not be liable for any delay or failure of performance of this Agreement if such failure is caused by acts of God, war, governmental decree, power failure, judgment or order, strike, communications failure, equipment of software malfunction, or other circumstances, whether or not similar to the foregoing, which are beyond the reasonable control of such party.

19.2 - Entire Agreement
This instrument embodies the whole agreement between the contracting parties. There are no promises, representations, conditions, or terms other than those contained herein.

19.3 - Severability
The provisions of this Agreement are severable. If any provision is determined by a court of competent jurisdiction or a governmental regulatory entity to be invalid or unenforceable, in whole or in part, that provision shall be construed or limited in such a way as to make it enforceable, consistent with the manifest intentions of the parties. If such a construction or limitation is not possible, the unenforceable provision will be stricken, and the remaining provisions of this Agreement will reamin valid and enforceable.

19.4 - Amendments
No modification, change, or alteration of this Agreement shall be effective unless such modification, change or alteration is made in accordance with the other terms of this Agreement.

19.5 - Waiver
Failure by either party to insist upon the strictest performance or observance of any provision of this Agreement or to exercise any right or remedy arising out of this Agreement shall not be construed as a waiver of any right or remedy with respect to any existing or subsequent breach or default.