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  SecurityMinded Technologies
37 Pidgeon Hill Drive #106
Sterling, VA 20165
800.656.3649 | toll free
 
  December 26, 2023
 

By applying for hosting and/or email account(s) at SecurityMinded, you accept these terms and conditions and acknowledge that your use of SecurityMinded is subject to certain limitations set forth below.  This policy represents a legal and enforceable contract between the user and SecurityMinded. If you do not accept this agreement, do not proceed with the sign-up process.

I. Warranties/Disclaimers

SecurityMinded Hosting Service 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 SecurityMinded Hosting Service or any information or software therein. You release SecurityMinded from and SecurityMinded 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 SecurityMinded 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 SecurityMinded own negligence. Without limiting the generality of the foregoing, SecurityMinded 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 SecurityMinded services. In no event shall SecurityMinded aggregate liability exceed the amount paid by you to SecurityMinded for the SecurityMinded services. Use of any information obtained via SecurityMinded Hosting Service's Internet service is at the user's own risk. SecurityMinded Hosting Service specifically disclaims any responsibility for the accuracy or quality of information obtained through its services.

II. 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. SecurityMinded Hosting Service will suspend access or change access to Customer's account(s) immediately upon notification by Customer that Customer's password has been lost, stolen or otherwise compromised. SecurityMinded Hosting Service is not liable for any usage and or charges prior to SecurityMinded Hosting Service making the necessary account alteration. Electronic mail on this system is as private as we can make it. SecurityMinded Hosting Service'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.

III. Data Storage
SecurityMinded Hosting Service is not responsible for any Customer's personal files residing on SecurityMinded Hosting Service. The Customer is responsible for independent backup of the Customer's data that is stored on SecurityMinded Hosting Service. SecurityMinded Hosting Service reserves the right to delete any Customer 's personal files after one or both parties terminates the service agreement between SecurityMinded Hosting Service and the Customer.

IV. Non-Transferability of Account
The right to use SecurityMinded Hosting Service's Internet service is not transferable. Use of SecurityMinded Hosting Service 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. A Customer may use no more than one log-in session per account at any time. If a Customer has multiple accounts, the Customer is limited to one log-in session per account at any time.

V. Compliance with all Laws
Customer agrees to use the service in a manner consistent with any and all applicable laws and regulations of the United States of America, the Commonwealth of Virginia 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 SecurityMinded Hosting Service'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 SecurityMinded Hosting Service. The Customer shall defend, indemnify and hold harmless SecurityMinded Hosting Service from and against any claims, liabilities and expenses, including attorney fees, resulting from any Customer's use of the SecurityMinded Hosting Service service or a Customer's account in an unlawful manner or otherwise in violation of or contrary to the Customer's Agreement with SecurityMinded Hosting Service or SecurityMinded Hosting Service's Acceptable Use Policies. At SecurityMinded Hosting Service's discretion, SecurityMinded Hosting Service may revoke any Customer's access to SecurityMinded Hosting Service services or accounts for inappropriate usage.

VI. Cooperation with Authorities
While we have neither time nor interest in reading traffic directed to or from users of our service, you are advised that there is no guarantee of privacy, either explicit nor implied. We will cooperate fully with any request from any law enforcement agency presenting proper documentation according to the law, and any Internet Service Provider seeking to investigate spamming or hacking incidents believed to be connected with our service.

VII. Acceptable Use Policy
All users are responsible for regularly reviewing the SecurityMinded Acceptable Use Policy (AUP) located at web address http://www.securityminded.net/aup.php. The Acceptable Use Policy is subject to change, without prior notice, upon posting to the afterforementioned web address.

VIII. Confidentiality of Personal Subscriber Information
SecurityMinded Hosting Service 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 order of a government or entity within our jurisdiction. Customer agrees that SecurityMinded Hosting Service's judgment as to the validity of any court order of subpoena shall be considered proper and final.

IX. SecurityMinded Hosting Service's Right to Suspend or Cancel Account
SecurityMinded Hosting Service 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 SecurityMinded Hosting Service that the Customer may be performing activities harmful to SecurityMinded Hosting Service or its Customers, employees, vendors, business relationships or any other users of the Internet.

X. Right to Damages
SecurityMinded Hosting Service reserves the right to collect damages (software, hardware and man hours) if any harm is done to SecurityMinded Hosting Service which requires repair or reconfiguration of any kind. In the event a Clients account is turned over to a collection agency, Client accepts and acknowledge that the Client will be responsible for all applicable fees SecurityMinded incurs related to the collection of monies due SecurityMinded. Damages will be billed for downtime due to customer damage at a minimum of $200 per hour.

XI. Other Remedies/Non-Waiver
Nothing contained in these policies shall be construed to limit action SecurityMinded Hosting Service may take or remedies available to SecurityMinded Hosting Service in any way with respect to any of the described conduct. SecurityMinded Hosting Service reserves the right to take any additional actions SecurityMinded Hosting Service 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 SecurityMinded Hosting Service service, and levying cancellation charges to cover SecurityMinded Hosting Service's costs in the event of disconnection of dedicated access for the causes outlined above. In addition, SecurityMinded Hosting Service reserves at all times all rights and remedies available to SecurityMinded Hosting Service 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 SecurityMinded Hosting Service reserves the right to enforce such policy or rule at its sole discretion.

XII. SecurityMinded Hosting Service's Right to Change Service
SecurityMinded Hosting Service reserves to right to change without notice the SecurityMinded Hosting Service service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors and services offered.

XIII. Waivers and Limitations of Liability
Mutual Waivers and Limitations of Liability. By entering into this Agreement, we both waive important rights. You agree our maximum liability is limited to a refund or rebate of charges you have paid or owe to us. We agree your maximum liability is limited to charges you owe us, any actual damages caused to our business or property, and any damages collected from us by a third part arising out of your use of our products or services. Neither of us can recover punitive, treble, consequential, indirect or special damages or attorney's fees. Instead of suing in court, you and we agree to arbitrate disputes arising out of or related to the Agreements between us--independent arbitration involving a neutral arbitrator administered by the American Arbitration Association under arbitration rules applicable to our industry.

XIV. Payment for Services Rendered
Unless otherwise stated all payments will be due upon receipt. Any payment with NET terms will be paid within the allowed time frame or a $20 late fee will be assessed on the day following the due date and every 30 days thereafter until payment in full is received. SecurityMinded reserves the right to terminate any services provided until full payment is received. Should SecurityMinded retain the services of a Collection Agency you agree to pay SecurityMinded all monies due including all late fees and all fees imposed by the use of said Collection Agency.

Acceptable Use Policy (AUP)
 
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