Team Vegas - Terms and Conditions

Terms and Conditions

SUBSCRIBER LICENSING AGREEMENT

Last Update 09/30/2004

BY USING THE SERVICES OFFERED BY TEAM VEGAS, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT.

BILLING FOR ALL ACCOUNTS. TEAM VEGAS will accept credit card, check and cash payments for services. Accounts are billed in advance on the 27th day of each month via emailed invoices. Payments are due on 1st day of the following month. All accounts with a balance after the 25th day of due month will be charged 2% of invoice total and face possible service suspension. Accounts will be reactivated when payment is made in full. Any accounts with a 90-day balance will be closed and sent to collections. You agree to pay TEAM VEGAS all charges relating to use of your account(s) according to rates and prices published online at the time of use. You are responsible for charges from the application date until the account is closed. You are solely responsible for informing TEAM VEGAS of any changes to your customer contact and billing/credit card information including your current email address, street address and phone number. You are solely responsible for notifying TEAM VEGAS if you would like to cancel your account. Charges will continue to accrue until notice is given. You are responsible for payment through the last day of the cancellation month.

ADDITIONAL CHARGES. TEAM VEGAS will charge $25 for all returned checks. A service charge of 2% of invoice total will be assessed on late payments. You are liable for any and all attorney fees, court costs, and collection agency fees or commissions if TEAM VEGAS has to resort to these methods in order to collect debts owed to TEAM VEGAS. You agree to pay TEAM VEGAS its reasonable expenses, including attorney fees, incurred in enforcing its rights under this Agreement.

ACCEPTABLE USE. TEAM VEGAS Services may only be used for lawful purposes. Transmission of any material in violation of any federal or state statute or regulation is prohibited. This includes, but is not limited to, copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret. The posting of copyrighted software without proper authorization (commonly referred to as Warez) and/or the posting of software access codes (commonly referred to as Cracks) will be cause for immediate account cancellation with forfeiture of any prepaid fees. You agree to indemnify and hold harmless TEAM VEGAS from any claims resulting from your use of TEAM VEGAS services.

The following activities are expressly prohibited and may result in account suspension or termination:

Sending unsolicited bulk e-mail (UBE) which advertises a Web site, e-mail account, or other service provided by or through TEAM VEGAS.
Making Usenet postings which advertise a Web site, e-mail account, or other service provided by or through TEAM VEGAS, to any newsgroup whose charter does not specifically allow such advertisements.
Sending UBE or posting advertisements to Usenet (except where specifically allowed by newsgroup charters) from a service provided by or through TEAM VEGAS.
Hosting "spam-friendly" Web sites, including spam software sites.
Harassment, whether through content, frequency, or size of e-mail or Usenet messages.
Sending e-mail to any person who does not wish to receive it. If a recipient asks to stop receiving email, you must immediately and permanently cease to send that individual any further e-mail.
Forwarding or otherwise propagating chain letters or "e-mail hoaxes," whether or not the recipient wishes to receive them, unless such propagation is both solicited and in the clear context of debunking or discrediting chain letters/hoaxes.
Transmitting any electronic communication, including e-mail, using the name or address of another person or organization, for purposes of deception.
Impersonating another individual by altering source IP address information, or forging e-mail/Usenet headers or other identifying information.
Any attempt to fraudulently conceal, forge, or otherwise falsify one's identity in connection with use of the service.
Any use of another party's electronic mail server to relay e-mail without express permission.
Collecting replies to messages sent from another Internet service provider, where those messages violate this Acceptable Use Policy or any applicable policies of the other provider.
Denial of Service, including, but not limited to, any form of Internet packet flooding, packet corruption, or abusive attack intended to impact the proper functioning of any party's Internet servers or services.
Using TEAM VEGAS network, services, or systems to store or send content which is illegal according to the laws of United States of America or any International treaties respected by the United States of America, is not permitted for any reason. Storing or sending any material deemed either illegal or inappropriate for our networks, including but not limited to child pornography, copyrighted images, software, or music, and spam-related materials including mass e-mail lists, is grounds for immediate termination of services. Note also that child pornography includes related material, such as simulated child pornography, non-nude child pornography, or sites linking to such material, whether it is determined to be legal or not. Offenses of this nature will be reported to the federal authorities and prosecuted to the fullest extent of the law.
Using or storing any type of software which is designed to or is likely to abuse or negatively impact Internet service, including, but not limited to, portscanners, hacking tools, ping flooding programs, security/root exploits, packet sniffers, and spam software.
Modifying, changing, or obscuring the MAC (Media Access Control) or IP (Internet Protocol) address(es) of servers or services. Doing so may be considered cause for service suspension or termination.
Intercepting or attempting to intercept, through any method, network traffic intended for other customers.
Running proxy servers, such as squid or BNC, unless they are available only to users whose verified contact information is known by the proxy operator and can be disclosed to TEAM VEGAS or law enforcement authorities upon request. All usage of such services must be brought to the attention of the TEAM VEGAS security team and cleared by the Security Manager before you begin running such services.
Any previous or current behavior, such as the sending of unsolicited e-mail, that results in the addition of TEAM VEGAS to any e-mail blackhole lists, or otherwise negatively impacts the overall services of TEAM VEGAS, is grounds for termination.
All e-mail lists operated by our customers, either advertising resources on our networks or being sent through our networks, must conform to the double opt-in standards.

Customers are responsible for complying with United States federal, state, and local laws, and applicable laws of any other countries with which customers uses the Internet to communicate. Customers may not participate in or support any illegal activities through the use of their service. TEAM VEGAS does not control the content of network traffic to or from their services or network.

ILLEGAL MATERIAL. TEAM VEGAS bears certain legal liabilities for the use of its computer network and equipment. As such TEAM VEGAS must require that its customers do not use TEAM VEGAS' network for illegal purposes. When presented with a search warrant, TEAM VEGAS is obligated to release any information named therein, and will cooperate with the authorities in any criminal investigation of inappropriate Internet usage.

However, TEAM VEGAS recognizes that the legal status of the Internet has not yet been resolved satisfactorily, either through legislation or court precedent. Therefore

TEAM VEGAS must make certain decisions regarding the illegality of various specific actions. Among the actions TEAM VEGAS considers illegal and therefore not allowed on its network are: unauthorized distribution of copyrighted material; exploitation of minors; and unauthorized use of computer resources. TEAM VEGAS believes that the First Amendment rights of free speech, freedom of the press, and freedom of association apply to the Internet to the same degree as they do to print media, and that any attempt to infringe upon those rights is void of legitimacy.

EMAIL PRIVACY. Electronic mail passes through multiple mail servers on the Internet as it passes from source to destination. One can never be guaranteed privacy from every possible mail server; therefore, someone seeking total privacy should use some encryption scheme to render their messages unreadable by eavesdroppers. With regards to TEAM VEGAS' mail servers, TEAM VEGAS places a high value on privacy, and will only examine users' mail when absolutely required, for example when troubleshooting email delivery problems or being presented with a search warrant for the information.

ALLOWABLE STORAGE. TEAM VEGAS allows the storage of files (90% must be active) including web pages (html), graphics, documents or other files up to the limit that each client is contracted for. Each client is responsible for keeping a copy of your most current web site files as backup. TEAM VEGAS is not responsible for any lost files, information, or data. It is possible for a client to exceed their contracted limit without notice to the client due to extra storage added to each client’s contracted size allocation. This allows for large or multiple emails, back up files or other files that are not part of the actual web site. Any client who exceeds their contracted storage size limit will be charged accordingly with or without notice from TEAM VEGAS.

WEBSITE SECURITY. Due to the insecure nature of much of the global Internet, TEAM VEGAS strongly suggests that credit card numbers or other personal information never be sent through e-mail, your website or any other Internet service, unless proper encryption is used. You are fully liable and responsible for the security and integrity of your own services, including the Internet servers your site is hosted on. If you do not provide TEAM VEGAS with or use an SSL certificate or other type of secure connection for your website, you run a high risk of sensitive information being intercepted and/or compromised. TEAM VEGAS will not be held liable for any security breaches that may occur. You agree to fully indemnify and hold harmless TEAM VEGAS from any legal or financial claims that may result from a breach in the security of your services.

BANDWIDTH. The term "Bandwidth" is defined as: The total additive amount of data downloaded from sites on TEAM VEGAS' servers that comprise a single billing group. For billing purposes, this is generally considered to be monthly. Clients on the “Regular Hosting Plan” are allowed 5 Gigabytes of bandwidth per month. Any overage within the month is charged at $7.50 per Gigabyte needed to cover overages. Clients on the “High Traffic/Extended Hosting Plan” are allowed 10 Gigabytes of bandwidth per month. Any overage within the month is charged at $5.00 per Gigabyte. Bandwidth abuse will be addressed on an individual basis. (see "Abuse of Bandwidth")

ABUSE OF BANDWIDTH. The intention of TEAM VEGAS is to provide a large space to serve web documents, not an offsite storage area for electronic files. Most (90%) of your web pages (html) must be 'linked' with files (.GIF, .JPEG, etc.) stored on TEAM VEGAS' server. Web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the discretion of TEAM VEGAS management. Any customer who violates TEAM VEGAS' Policies in abusing site transfer will be notified and given 2 days to remedy the problem. If the problem is not resolved within the allotted 2 day period, the client will be billed for the overages at $10.00 per GB, per month and subject to account termination.

To maintain the integrity of our service the following limitations apply:

Sites with Banners, graphics or CGI scripts running from their domain used on other domains. Sites with picture galleries (This is any site where 50% or more of the files transferred are graphics) Sites offering download files or archives. (This is any site where 50% or more of their monthly traffic is from file downloads) Sites using more than 30% of system resources

TERM AND TERMINATION. This Agreement shall become effective on the date the service application is entered into TEAM VEGAS’ system (no later than the end of one business day after receipt of application). TEAM VEGAS, at its sole discretion, may terminate this Agreement immediately or suspend your access to the service upon any breach of this Agreement by you. You are responsible for notifying TEAM VEGAS of your wish to terminate your account, if so desired. Charges will continue to accrue until your notification to TEAM VEGAS of account termination, or until your account is suspended due to late payment. After 90 days of nonpayment, TEAM VEGAS will close your account; you will then be required to re-subscribe according to policies in effect at that time in order to continue service. In the event that you fail to pay TEAM VEGAS all amounts which have accrued under this Agreement immediately upon termination, TEAM VEGAS may, in addition to any other remedy it may have: (i) take possession and ownership of any and all of your property (including but not limited to any computer software (in object code and source code form), data, stored files, information, all copyrights, trademarks, domain names and any other proprietary rights inherent therein, and appurtenant thereto; and (ii) you agree to assist TEAM VEGAS, or its designee, to obtain, secure, maintain, extend and enforce these transferred property rights. In addition, you agree that if TEAM VEGAS is unable because of your unavailability, or for any other reason, to secure your signature to transfer any of these property rights, then you hereby irrevocably designate and appoint TEAM VEGAS and its duly authorized officers and agents as your limited agent and attorney-in-fact, to act for and on your behalf and stead to execute and file any such documents. At the Sole discretion of TEAM VEGAS, all such transferred property may be returned upon full payment of: (i) all accrued amounts under the Agreement, with interest at 2% per month or the maximum allowable by law, and (ii) all reasonable legal and collection fees and expenses.

MODIFICATION OF TERMS AND CHANGES. TEAM VEGAS reserves the right to change rates or otherwise modify provisions of this Agreement by notifying you at least fifteen (15) days before the effective date of the change, by written or online notice. Your use of TEAM VEGAS Services after such notice shall constitute your acceptance of the modifications to this Agreement.

FORCE MAJEURE. TEAM VEGAS’ performance hereunder is subject to interruption and delay due to causes beyond its reasonable control such as acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or labor disputes, inability to obtain necessary supplies and the like.

SEVERABILITY. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and all other provisions are unaffected.

GOVERNING LAW. This Agreement shall be governed by and construed under the laws of the state of Nevada, except as governed by Federal law. The application of the

United Nations Convention of Contracts for the International Sale of Goods is expressly included.

WAIVER. Failure of any party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision.