Website Terms of Service (TOS)
Use of Website
A. Prohibition of Adult Content
Subscribers of Sustainable Sources LLC’s services are prohibited from storing or posting adult content, or links to adult content, through the subscribed service. All material of pornographic nature is considered adult content. Online image galleries whose primary purpose is the public display of fine art or artistic mediums are not considered to be adult content.B. Prohibition of Protected Healthcare Information
Subscribers of Sustainable Sources LLC’s services are prohibited from creating, receiving, maintaining, transmitting and/or having access, custody or control of any Protected Healthcare Information as defined under the Health Insurance Portability and Accountability of 1996 Act (“HIPAA”).C. Prohibition of Offensive Behavior
Racist, intolerant, “hate”, defamatory, “stalking”, invitations to fight, threatening or any communication of any nature that we decide, in our sole discretion, as being improper, will result in service termination without prior notice.D. Age Requirements on Purchases
All subscribers must be of adult age in the subscribers’ jurisdiction to make purchases on this site. Parents or guardians of minors may make purchases on behalf of their minor children/wards but are solely responsible for the direct supervision of their children/wards while their minors visit the site or use any of the tools or services that the site provides.E. Intellectual Property Provisions
Subscribers of Sustainable Sources LLC’s services are prohibited from storing or posting content or links to content that infringe, or otherwise violate the intellectual property rights of third parties (e.g. trademark, patent or copyright infringements).
All content provided within or via this site is protected by US and international copyright laws, patent laws, trademark regulations and laws, and various intellectual property laws and international treaties and agreements. No intellectual property of any nature contained within or via this Site may be copied, published, reverse engineered, decompiled, exchanged, traded, or broadcast in any way without the written permission of the content owner.
SPAM and Unsolicited Commercial Email (UCE)
Sustainable Sources LLC takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM through our network and services. Customers of Sustainable Sources LLC may not use, or permit others to use, our network to partake in UCE distribution. Customers of Sustainable Sources LLC may not host or permit hosting of sites or information that is advertised by UCE from other networks.
Upon notification of an alleged violation of our SPAM policy, Sustainable Sources LLC will initiate an immediate investigation. During the investigation, Sustainable Sources LLC may restrict customer access to the network to prevent further violations. Subscriber will thereafter be advised of the situation. If a subscriber is found to be in violation of this TOS, Sustainable Sources LLC may, at its sole discretion, unilaterally restrict, suspend or terminate the violating customer’s account. Further, Sustainable Sources LLC reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Sustainable Sources LLC will notify law enforcement officials if the violation is believed to be a criminal offense.
Prohibited Scripts and Applications
Sustainable Sources LLC strictly prohibits the use of certain scripts such as IRC, Proxy, SSH, Telnet, or any other script which may overwhelm server resources due to the inherent nature of the script itself or by defect in the coding of the script. If a user script is found to be in violation of this clause, or is found to be overwhelming system resources, the user may be requested to remove the script, or in cases of system resource abuse, it may be removed without prior warning and/or the user account may be suspended for further review.
Establishment of service is dependent upon receipt of payment of stated charges by Sustainable Sources LLC. Subsequent payments are due on the anniversary date of the month for that month’s service or whichever is the selected billing cycle.Failure to Pay
Sustainable Sources LLC may temporarily deny or terminate service upon the failure of the subscriber to pay the charges when due. Such termination or denial will not relieve the subscriber of responsibility for the payment of all accrued charges and any collection fees.Account Cancellation
A subscriber may cancel his account at any time by contacting Sustainable Sources LLC in writing, either through the website’s contact form or direct email. If requesting a cancellation, we ask that subscriber briefly explains the reasons for doing so, as well as any suggestions on how Sustainable Sources LLC could improve service. The cancellation will take effect immediately.Subscriber Acknowledgement
Subscriber acknowledges that the service provided is of such a nature that the service can be interrupted for many reasons other than the negligence of Sustainable Sources LLC and that damages resulting from any interruption of service are impossible to ascertain. Therefore, subscriber agrees that Sustainable Sources LLC shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Sustainable Sources LLC. Subscriber further acknowledges that Sustainable Sources LLC’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall Sustainable Sources LLC be liable for any special or consequential damages, loss or injury.
Suspension of Service or Cancellation
Sustainable Sources LLC reserves the right to suspend network access to any subscriber if in the judgment of Sustainable Sources LLC, the subscriber’s account is the source or target of a violation of any of the terms of the TOS, or for any other reason which Sustainable Sources LLC deems necessary.
If inappropriate or illegal activity is detected or brought to our attention by a third party, all accounts of the subscriber in question will be deactivated until our investigation is complete. Multiple violations of the TOS will result in permanent suspension of the account without refund of any fee. With complaints of infringing or illegal content, a single complaint may be deemed sufficient for permanent suspension of the alleged infringing product. If multiple complaints of infringing or illegal content are received involving two or more products, all products under that customer’s ownership and/or control are subject to permanent suspension. Prior notification to the subscriber is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The subscriber may not be credited for the time the subscriber’s accounts were suspended if the subscriber is found to be at fault. The subscriber is also responsible for maintaining a backup of his current data at all times and no backups will be provided.
Subscriber must provide Sustainable Sources LLC real and current contact information at all times. E-mail address, telephone and fax contacts are used, and in that order of preference.
- Sustainable Sources LLC takes no responsibility for any material placed on its network by others. Sustainable Sources LLC is not responsible for the content of any other websites linked to. Links to other sites are provided as Internet navigation tools only. Sustainable Sources LLC disclaims any responsibility for any inappropriate use and any liability to any person or party for any other person or party’s violation of this policy.
- Sustainable Sources LLC’s subscribers are not permitted to run IRC servers.
- Furthermore, Sustainable Sources LLC reserves the right (but is not obligated) to, review the content posted via the service and may refuse or remove any such content in its sole discretion, without notice at any time.
Disclosure to Law Enforcement
The TOS specifically prohibits the use of our service for illegal activities. Therefore, subscriber agrees that Sustainable Sources LLC may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any court or law enforcement agency that requests such information, upon receipt of a subpoena, warrant or other legally binding order, without consent or notification to the subscriber.
Each party (the “Indemnifying Party”) hereby indemnifies the other party (the “Indemnified Party”), its officers, directors, employees and agents, and agrees to defend and hold them harmless from and against any and all liability, damage, loss or expense (including reasonable attorneys fees) arising from any claim, demand, action or proceeding based upon the alleged breach or untruthfulness of any of the Indemnifying Party’s representations or warranties, or incurred in the settlement or avoidance of any such claim, provided, however, that the Indemnified Party shall give prompt notice to the Indemnifying Party of the assertion of any such claims and provided further that Indemnifying Party shall have the right to select counsel and control the defense thereof, subject to right of the Indemnified Party to participate therein.
If any provision of this TOS shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this TOS is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.Applicable Law
This TOS is subject to the governing laws of the State of Texas. Courts of competent jurisdiction in Hays County, Texas shall hear and decide any disputes.
The subscriber is responsible for keeping a complete and current copy of their website files as a backup on a remote system (not solely on Sustainable Sources LLC servers).
Sustainable Sources LLC is NOT RESPONSIBLE for any lost files, information or data.
Sustainable Sources LLC makes regular internal backups of internal system configurations and databases. These backups are NOT intended for keeping backups of subscriber websites.
Although Sustainable Sources LLC backups may include subscriber sites and information for disaster recovery purposes, these backups are not to be relied on by the subscriber. Sustainable Sources LLC does not guarantee to possess the most current copy of a subscriber’s website in its own backups.