The main purpose of Power Shift is to provide access to the Internet for its subscribers. It is the intention of Power Shift to allow its subscribers that access with minimal or no interference.
In a multi-subscriber environment such as Power Shift, the actions of a single subscriber may have a severe impact on the other customer's abilities to access the Internet. It is not uncommon for an Internet Service Provider (ISP) to be blocked from use of another organizations systems due to repeated misuses of that ISP's resources. As we feel that this would be grossly unfair to our many subscribers, Power Shift has adopted these Acceptable Use Policies. They are intended to provide guidelines on what Power Shift constitutes inappropriate use of the access to the Internet and alert our subscribers to whatever actions we may be forced to take, with or without notice, should we become aware of the appropriate use of this service.
Power Shift recognizes that many of the individual components of the Internet have other specific guidelines for use. The preservation of Power Shift's technical resources, the continuation of its high quality service to its customers, the compliance with the existing laws and regulations, and the protection of Power Shift's reputation as a service provider compel us to enact the Acceptable Use Policies detailed below. These guidelines will be enforced when dealing with complaints from the Internet community to determine when action should be taken. All Power Shift subscribers and advertisers are expected to follow these policies.
Access to Power Shift's Internet Service is Provided Subject to the Following Terms & Conditions:
I. Warranties / Disclaimers:
The Power Shift Internet service is provided on an "as is, as available" basis. While our intention is to provide more than adequate bandwidth to support our subscriber base, no warranties, express or implied, including, but not limited to those of merchantability or fitness for a particular purpose, are made with respect to Power Shift or any information or software therein. Power Shift 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 Power Shift. Services including, but not limited to, damages from loss of data resulting from delays, non-deliveries, mis-deliveries, service interruptions, or the inadvertent release or disclosure of information sent by you even if the same is caused by Power Shift's own negligence. Power Shift further specifically 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 through Power Shift services. In no event shall Power Shift's aggregate liability exceed the amount paid by you to Power Shift for Power Shift services. Use of any information obtained via Power Shift's Internet service is at the users own risk. Power Shift specifically disclaims any responsibility for the accuracy, safety, or the quality of information obtained through its services.
The subscriber is responsible for all the use of subscriber's accounts, confidentiality, safety of password(s) and ensuring file protections are set correctly. Power Shift retains the right to suspend access or change access to subscriber's accounts immediately upon notification by subscriber that subscriber's password has been lost, stolen or otherwise compromised. Power Shift is not liable for consequences of any usage of compromised accounts prior to Power Shift making the necessary account alteration. No computer system should be considered safe from intrusion, although electronic mail (e-mail) on this system is as private as we can make it. E-mail should not be considered a secure means of communication even if encrypted (which is only as secure as the encryption method utilized.)
Power Shift is not responsible for subscriber's personal files residing on Power Shift. Power Shift reserves the right to delete subscriber's personal files after one or both parties terminate the service agreement between Power Shift and the subscriber.
Non-Transferability of Account:
The right to use Power Shift's Internet service is not transferable, being expressly limited to the individual or family whose name appears on the account.
Network Address Ownership:
Any network address assignments issued by Power Shift (i.e., IP address) are the property of Power Shift and are assigned dynamically. In the event service with Power Shift is disconnected for any such reason, such addresses will revert to Power Shift. The network addresses are assigned on a per session basis and are designed to allow for Web Surfing. This design/assignment of network addresses could affect (not allow) some games/services (IRC, CU-SeeMe) which require a fully qualified address.
Compliance with all Laws
To use the service in a manner consistent with any and all applicable laws and regulations. Reproduction or transmission of any material in violation of any local, state. U.S. or international law or regulation is prohibited; that any material to be reproduced or transmitted on Power Shift's service through subscriber's accounts does not violate or infringe any patent, trademark, copyright, common law or proprietary rights of others:
That such material as might be reproduced or transmitted on Power Shift's service through his/her account does not contain anything obscene, libelous or threatening. Subscriber agrees software intended to facilitate any such violations or infringements may not be stored on Power Shift: at Power Shift's discretion, not to use Power Shift services or accounts for inappropriate usage;
Subscriber shall defend, indemnify and hold harmless Power Shift from and against any claims, liabilities and expenses, including reasonable attorney's fees, resulting from subscriber's use of Power Shift service or subscribers accounts in an unlawful manner or otherwise in violation of or contrary to subscriber's Agreement with Power Shift or Power Shift's Acceptable Use Policies.
The following usage of Power Shift resources is deemed acceptable under the terms of service:usage for private personal communications; usage for public communications as suggested by the characters of USENET newsgroups and the well-known guidelines generally accepted by the users and news administrators of same; usage for research or educational purposes; and Usage for data communications in accordance with acceptable laws.
The following types of conduct are grounds for immediate suspension of service pending investigation by Power Shift and may result in termination of the accounts determined to have originated the conduct. In addition, Power Shift reserves the right to implement technical blocks to multiple postings by a Power Shift subscriber as described in A, B, C and F below, before such postings are forwarded: violation of any applicable local, state, federal or international laws;
Posting identical or substantially similar articles to an excessive (more than 10) number of newsgroups or continued posting of articles, which are off topic for a news group. Power Shift will apply a charge of $0.05 per copy for mis-posted USENET articles;
Sending unsolicited mass (to more than 15) e-mailings, hate mail, mail bombs, etc. which provokes complaints from the recipients. Any subscriber who perpetrates such unsolicited non-commercial mass e-mailings shall be subject to a $1,000 service charge, payable to Power Shift. Unsolicited commercial advertisements are not allowed in e-mail. Power Shift will apply a charge of $1500 per user for unsolicited commercial e-mail; engaging in either (a) or (b) from a provider other than Power Shift while using an account on Power Shift as a mail drop for responses, or to draw attention to a web sit housed within Power Shift's networks;continued harassment of other individuals on the Internet after being asked to stop by those individuals and by Power Shift;mail bombing ( the transmission of large volumes of unsolicited e-mail to individuals or individual business accounts);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;
Any attempt to gain access to any other system users private data without express consent of the user. Such attempts include, but are not limited to, tricking other people into releasing their passwords, password cracking and security hole scanning;
Use of IRC bot's or clonebot's on Power Shift:
An IRC bot is a program which runs and is connected to an IRC server 24 hours a day, automatically performing certain actions; use of programs or methods that trick our systems from disconnecting an inactive user after a pre-determined amount of time, and/or a program that connects or re-connects the user's session automatically and without his/her manual intervention;
Network unfriendly activity:
Any attempt to interfere with the regular workings of Power Shift's systems or network connections or which adversely affect the ability of other people or systems to use Power Shift services on the Internet, including, but not limited to: 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 Power Shift system; any use of this or any other Power Shift system as a staging ground to disable other systems.
Right to Disconnect Non-dedicated Accounts:
Power Shift unlimited interactive usage dial-up connections are not intended to be full-time dedicated connections and will be disconnected after 15 minutes of inactivity. Subscriber agrees not to use any automatic method to avoid disconnection, to keep the connection active only when the subscriber is actively using it, and not to provide public information services over the connection. Power Shift reserves the right to impose a restriction on accounts deemed by it to be in violation of these conditions.
Excess Utilization of System or Network Resources:
Power Shift account descriptions specify limits on bandwidth, CPU and disk utilization for subscribers. Upon determination by Power Shift that a subscriber is in excess of those limits, the subscriber will be notified by e-mail. The subscriber may be requested to upgrade a web hosting agreement or to modify the activity creating the excess use 48 hours after transmission of that notice. A determination by Power Shift that any access utilization adversely affects Power Shift's ability to provide service for all subscribers may result in immediate action to relieve the problem. In that event, the subscriber will be notified as soon, as is practicable.
Compliance with Rules of other Networks:
Any access to other networks connected to Power Shift's Internet service must comply with the rules for that other network, as well as with Power Shift's rules.
Power Shift reserves the right to monitor any and all communications through or with CAIS facilities. Subscriber agrees that Power Shift 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 be necessary for Power Shift employees to examine system accounting logs and other records to determine if privacy violations or other network unfriendly activities have occurred. Power Shift also reserves the right to access a subscriber's mailbox or other files stored on power Shift systems to resolve system problems or mail system errors.Power Shift 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 orother illegal activity.
Confidentiality of Personal Subscriber Information:
Power Shift will not release a subscriber's personal subscriber information, nor a subscriber's billing information to any third party except upon presentation of a valid court order of a government or entity within our jurisdiction. Subscriber agrees that Power Shift's judgment as to the validity of any court order of subpoena shall be considered proper and final.Right to Suspend or Cancel Account:
Power Shift reserves the right to suspend or cancel service to a subscriber at any time and without notice for any reason. Reasons include, but are not limited to, refusal to pay for services provided or by sole judgment of Power Shift that the subscriber may be performing activities harmful to Power Shift or its subscribers, employees, vendors, business relationships or any other users of the Internet.
Right to Damages:
Power Shift reserves the right to collect damages (software, hardware and man hours) if any harm is done to Power Shift that requires the repair or reconfiguration of any kind.
Other Remedies / Non-Waiver:
Nothing contained in these policies shall be construed to limit action Power Shift may take or remedies available to Power Shift in any way with respect to any of the described conduct. Power Shift reserves the right to take additional actions Power Shift may consider appropriate with respect to such conduct. Such actions include taking action to recover the costs and expenses of identifying offenders and removing them from the Power Shift service, and levying cancellation charges to cover Power Shift's costs in the event of disconnection of dedicated access for the causes outlined above. In addition, Power Shift reserves, at all times, all rights and remedies available to Power Shift 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 Power Shift reserves the right to enforce such policy or rule at its sole discretion.
Right to Change Service:
Power Shift reserves the right to change, without notice, the Power Shift service, including access procedures, hours of operation, menu structures, commands, documentation, vendors and services offered.
Right to Modify Acceptable Use Policies:
Power Shift may modify its Acceptable Use Policies upon notice published on line via Power Shift's web page. Subscriber's use of Power Shift services after such notice shall constitute subscriber's acceptance of the modifications to these policies.
Personal Web Space Regulations:
Personal Web space in the amount of 2MB is given to each user of Power Shift. This space is ONLY to be used for personal reasons. No business may operate, advertise or otherwise conduct business through a web-site on Power Shift's servers. Business accounts are available through Power Shift for additional charges.
Toll Charges (POP) Local Dial-in Errors Policy:
It is the responsibility of the subscriber to verify with their local telephone company their correct access number to insure a toll-free connection.
Power Shift assumes no liability for toll charges incurred by users for incorrectly entering a local access number in their computer. In addition, Power Shift will not reimburse customers for toll charges under the following conditions:
Failure to adequately install software product;
Improperly entering a local access number;
Improperly obtaining a local access number;
Improperly obtaining a local access number from Customer Service or any other Power Shift employee;
Power Shift assumes no liability, and the user obtains no recourse, against Power Shift improperly entering a local access number that results in toll charges. The maximum liability on Power Shift would be under our cancellation policy; provided all conditions are met under said policy. Power Shift will not make exceptions to this policy. The user is ultimately responsible to insure proper local access numbers are used.
USER AGREES THAT BY USING OUR SERVICE THAT THEY ARE AT LEAST 18 YEARS OLD AND IS LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
Power Shift's Web Design & Development Services Agreement:
I. Timeliness of Payment:
In order for POWER SHIFT to remain in business, payments must be made promptly. Invoices are due upon receipt. Delinquent bills will be assessed a $15 charge if payment is not received within 15 days of the due date. If an amount remains delinquent 30 days after its due date, an additional 5% penalty will be added for each month of delinquency. POWER SHIFT reserves the right to remove web pages from viewing on the internet until final payment is made. In case collection proves necessary, the CLIENT agrees to pay all fees incurred by the process.
II. Copyrights & Trademarks:
The CLIENT represents to POWER SHIFT and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to POWER SHIFT for inclusion in web pages are owned by the CLIENT, or that the CLIENT has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend POWER SHIFT and its sub-contractors from any claim or suit arising from the use of such elements furnished by the CLIENT. Work product and the website, including source code, prepared by POWER SHIFT and POWER SHIFT's sub-contractors are Instruments of service for use solely with respect to this project. This includes documents in electronic form. POWER SHIFT and POWER SHIFT's sub-contractors shall be deemed the authors and owners of their respective instruments of service and shall retain all common law, statutory and other reserved rights, including copyrights. The instruments of service shall not be used by the owner for future additions or alterations to this project or for other projects, without the prior written AGREEMENT of POWER SHIFT. Any unauthorized use of the instruments of service shall be at the owner's sole risk and without liability to POWER SHIFT and POWER SHIFT's sub-contractors.
III. Limited Liability:
CLIENT hereby agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web Hosting Service or Host Server. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, any harassing and harmful material or uses, any illegal activity or material advocating illegal activity, and any infringement of privacy or libel.
CLIENT hereby agrees to indemnify and hold harmless POWER SHIFT from any claim resulting from CLIENT’s publication of material or use of those materials. CLIENT hereby agrees to indemnify and hold harmless POWER SHIFT in any claim resulting from the submission of illegal materials.
If POWER SHIFT shall acquire an internet domain name on behalf of the CLIENT, then in such case CLIENT hereby waives any and all claims which it may have against POWER SHIFT for any loss, damage, claim, or expense arising out of or in relation to the registration of such domain name in any online or offline network directories, membership lists, or registration lists, or the release of the domain name from such directories or lists following the termination of the providing of services by POWER SHIFT for any reason.
Under no circumstances, including negligence, shall POWER SHIFT, its offices, agents, or anyone else involved in creating, producing, or distributing its services, be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use POWER SHIFT’ services; or that result from mistakes, omissions, interruptions, deletion, or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of God, communication failure, theft, destruction, or unauthorized access to POWER SHIFT’ records, programs, or services. CLIENT maintains sole responsibility for data backups and restoration. CLIENT hereby acknowledges that this paragraph shall apply to all content on POWER SHIFT’s services. Notwithstanding the above, CLIENT’s exclusive remedies for all damages, losses, and causes of actions whether in AGREEMENT, tort including negligence, or otherwise, shall not exceed the aggregate dollar amount that CLIENT paid during the term of this AGREEMENT and any reasonable attorney’s fee and court costs.
It is POWER SHIFT’s policy to ensure that each individual contract adheres to a non-hostile work environment free from discrimination or harassment. As such, POWER SHIFT may terminate this AGREEMENT if the CLIENT shall at any time fail, refuse or neglect to conform his/her personal conduct to the standards of good citizenship. Behavior that is offensive, intimidating or abusive in nature—especially such instances related to an individual's race, color, sex, disability, religion, national origin or sexual orientation—are strictly prohibited.
CLIENT agrees that it shall defend, indemnify, save, and hold POWER SHIFT harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorney’s fees (“Liabilities”) asserted against POWER SHIFT, its agents, clients, servants, officers, and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by CLIENT, its agents, employees, or assigns. CLIENT agrees to defend, indemnify, and hold harmless POWER SHIFT against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed in connection with POWER SHIFT service, any material supplied by the CLIENT infringing on the proprietary rights of a third party, copyright infringement, and any defective product which CLIENT has sold from Website POWER SHIFT has designed.
VI. Laws Affecting Electronic Commerce:
The CLIENT is solely responsible for complying with e-commerce laws, taxes, and tariffs, and will hold harmless, protect, and defend POWER SHIFT and its sub-contractors from any claim, suit, penalty, tax, or tariff arising from the CLIENT’s use of Internet electronic commerce.
VII. Copyright to Web Pages:
Copyright to the finished, assembled work of web pages produced by POWER SHIFT is owned by POWER SHIFT. Upon final payment of this AGREEMENT, the CLIENT is assigned rights to use as a website the design, graphics, and text contained in the finished, assembled website. Rights to photos, source code, work up files, and computer programs are specifically not transferred to the CLIENT, and remain the property of their respective owners. POWER SHIFT and its sub-contractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.
USER AGREES THAT BY USING OUR SERVICE THAT THEY ARE AT LEAST 18 YEARS OLD AND IS LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.