Eternal Second Designs

Acceptable Use Policy

This Acceptable Use Policy has been formulated with the following goals in mind:

Ensure the security, reliability and privacy of Eternal Second Designs' network and systems, and the networks and systems of others.
Preserve the value of the Internet as a resource for information and free expression.
Preserve the privacy and security of Internet users.
Discourage irresponsible practices which degrade the usability of network resources and thus the value of Internet services.
Avoid situations that may cause Eternal Second Designs to incur legal liability.
Maintain the image and reputation of Eternal Second Designs as a responsible provider.

This Acceptable Use Policy does not supersede or override Eternal Second Designs' Terms of Service except where explicitly stated.

A. Eternal Second Designs operates under a strict "No Spam" policy. The sending of any unsolicited e-mail advertising messages from, to, or through Eternal Second Designs' services may result in the imposition of civil liability against the sender, such as in accordance with The Kansas Junk E-mail Law; Chapter 50 Article 6. A copy of the Kansas Junk Email Law may be obtained on-line here.

B. 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 Eternal Second Designs.
Making Usenet postings which advertise a Web site, e-mail account, or other service provided by or through Eternal Second Designs, 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 Eternal Second Designs.
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, the Customer 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 Eternal Second Designs' 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, port scanners, hacking tools, IRC, ping flooding programs, security/root exploits, packet sniffers, and spam software.
Modifying, changing, or obscuring the MAC (Media Access Control) or IP (Internet Protocol) addresses 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 Eternal Second Designs or law enforcement authorities upon request. All usage of such services must be brought to the attention of the Eternal Second Designs 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 Eternal Second Designs to any e-mail blackhole lists, or otherwise negatively impacts the overall services of Eternal Second Designs, 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.

Terms of Service

Web site hosting facilities are provided by Eternal Second LLP and subject to the following Standard Service Agreement.

1. GENERAL - This Agreement ("Agreement") is between the firm of Eternal Second LLP , 2723 Maverick Lane, Lawrence, KS 66046 and the customers, ("Customers") of our services, ("Services"). For good and valuable consideration, the parties agree as follows.

2. SERVICES - Subject to the terms and conditions of this Agreement, Eternal Second LLP will provide services, ("Services") to the Customer. These Services will comprise either: (i.) The Services detailed in the published list of services offered by Eternal Second LLP from time to time and made available through their Internet web site, (www.eternalsecond.com) or other associated web-sites; OR (ii.) Such other Services, offered by Eternal Second LLP from time to time, not described in the published list of services, but detailed in a separate written proposal, ("Proposal") prepared by Eternal Second LLP and submitted to the Customer; OR (iii.) Such other Services, offered by Eternal Second LLP from time to time, not described in the published list of services, but outlined in verbal discussions between the Customer and Eternal Second LLP and confirmed by a subsequent written Order, ("Order").

The specific plan of Services to be provided initially to the Customer shall be as detailed above and thereafter as established through correspondence between Customer and Eternal Second LLP.

3. REJECTION - Eternal Second LLP reserves the right to reject any Order from a Customer for any or no reason.

4. TERM & RENEWAL - The initial term of this Agreement ("Initial Term") will reflect the specific Services provided to the Customer. The Initial Term shall begin upon commencement of Services to the Customer and payment to Eternal Second LLP in accordance with Section 5 below.

After the Initial Term of an Agreement involving ongoing Services, (typically web hosting and domain registration), the Customer will have the option to renew the Agreement for successive terms of length as mutually agreed with Eternal Second LLP , ("Renewal Period"). The option to renew will be notified to the Customer approximately 30 (thirty) days before the expiry of the Initial Term. Eternal Second LLP will provide a fixed price quotation, which reflects their current pricing for the Services required during the Renewal Period. Eternal Second LLP will only renew the Agreement on receiving written confirmation from the Customer and payment to Eternal Second LLP . The Initial Term plus all successive Renewal Periods shall be collectively referred to as the "Term."

Where a renewal involves Domain Name Registration, the Customer will be responsible for meeting all costs of re-registration. While Eternal Second LLP will undertake the task of re-registration as part of the Services agreed for the Renewal Period, they have no control over the rules, duration and prices imposed by the various naming authorities.

Where the Customer elects not to renew Services and where a Domain Name Registration is held by Eternal Second LLP on behalf of the Customer, the Customer may chose to have the Domain Name Registration transferred to themselves or another named party. The Customer will meet all costs for transferring the domain name and any expenses incurred by Eternal Second LLP. Similarly, where the Domain Name Registration is held by Eternal Second LLP on behalf of the Customer and (i.) the Customer advises Eternal Second LLP in writing that they do not wish to renew or transfer the Domain Name, OR (ii.) the Customer neglects or fails to respond to a Renewal Notice or any Reminder Notice in time to allow re-registration, Eternal Second LLP reserves the right, at their sole discretion, to either (a) allow the Domain name to lapse and become available for re-issue by the internet naming authorities OR (b) renew the Domain Name Registration under Eternal Second LLP and subsequently sell, auction, transfer or otherwise dispose of the Domain Name.

Eternal Second LLP will not be responsible for the loss of a Domain Name caused by any act or omission by the Customer. Any additional registration fees incurred with a specialty domain, where the Customer fails to provide any requisite information will not be refunded.

5. FEES AND PAYMENT - Eternal Second LLP may at any time amend the Services and/or the rates and fees it charges for Services. All fees rendered or provided to the Customer shall be in accordance with either: (i.) The price list then in effect and detailed in the published list of services offered by Eternal Second LLP from time to time and made available through their internet web site, (www.eternalsecond.com) or other associated web-sites; OR (ii.) The price quoted in a separate written proposal prepared by Eternal Second LLP and submitted to the Customer; OR (iii.) The price quoted in a verbal discussion between the Customer and Eternal Second LLP and confirmed by a subsequent Order.

The Customer will receive an invoice for Services provided by Eternal Second LLP plus any additional Services and any other charges or fees then due. Unless otherwise agreed in writing, payment in full of such invoiced amount is due upon receipt of the invoice. Should payment in full of any invoice not be received by Eternal Second LLP within 30 (thirty) days after the date of invoice, Eternal Second LLP may impose a debt service charge equal to two and one-half percent (2.5%) of the overdue balance (or such lesser amount as may be required by law) for each month or fraction thereof the overdue amount remains unpaid.

In the event that any amount due to Eternal Second LLP remains unpaid 30 (thirty) days after presentation of an invoice to the Customer, Eternal Second LLP , in their sole discretion, may immediately terminate the Agreement, and/or withhold or suspend services. This may also include a notice on any web site maintained on behalf of the Customer that Services have been withheld for reason of non-payment. In the event that any amount due to Eternal Second LLP remains unpaid 90 (ninety) days after presentation of an invoice to the Customer, Eternal Second LLP reserve the right to sell, auction, transfer or otherwise dispose of any domain name registered by them on behalf of the Customer.

All taxes, fees and governmental charges relating to the Services provided hereunder (other than income taxes of Eternal Second LLP ) shall be paid by Customer.

6. REFUNDS - No refunds will be given to a Customer for Services agreed to be provided.

7A. CONTENT & CUSTOMER RESPONSIBILITY - Where the Services relate to content creation or electronic conversion or publication by Eternal Second LLP , the Customer will be responsible for making available all agreed source material and will ultimately be responsible for proofing and checking any delivered content. Following acceptance by the Customer, Eternal Second LLP will not be responsible for any errors or omissions in converted or published material. Eternal Second LLP will exercise no control whatsoever over, nor have any responsibility or liability for the content of the information contained on web sites, e-mail or any other media provided by a Customer and hosted or passing through any computer network utilized by Eternal Second LLP . Furthermore, Eternal Second LLP shall make no effort to validate any information passing through its network for content, correctness, usability or for any other reason.

Following completion of Services and acceptance by the Customer, Eternal Second LLP will maintain a regular backup of the website(s) specified in the Order(s). As such, the Customer agrees to keep any passwords, access codes, and account names for the website(s) unchanged, or to notify Eternal Second LLP within 48 (forty-eight) hours of any change so as not to interfere with the scheduled backup process. In the event that access to website(s) is restricted due to circumstances beyond the control of Eternal Second LLP, such as a failure by any third party or the changing of any passwords, access codes, or account names by the Customer, Eternal Second LLP shall not be liable for any loss of data or functionality due to outdated backup(s).

7B. OWNERSHIP AND ALTERATION OF CONTENT & CODE - Where the Services relate to content creation, the Customer agrees that content created by Eternal Second LLP remains the property of Eternal Second LLP. Such content may include, but is not limited to audio, graphic, video, and source code files. Any modification by any party other than Eternal Second LLP, its affiliates, or authorized third party to these files without prior written authorization from Eternal Second LLP will be considered a breach of this Agreement. This Agreement explicitly authorizes the Customer to use any files created by Eternal Second LLP on items specified in the written Order(s).

8. TRADEMARK ABUSE - Prior to requesting Domain Name Registration as part of the agreed Services, the Customer explicitly asserts that to the best of their knowledge, they are not abusing any trademark or any other statutes. If in doubt, the Customer should seek independent legal advice. In addition to the general indemnity provided under Section 11, the Customer specifically indemnifies Eternal Second LLP in respect of action arising out of any dispute between a trademark owner and a Customer. Eternal Second LLP cannot arbitrate between two disputing parties over a Domain Name and Customers are advised that procedures for disputes are already in place with the Internet naming authorities.

9. NO WARRANTY - The Customer agrees to use all Services and facilities provided by Eternal Second LLP and any information obtained through or from Eternal Second LLP at the Customer's own risk.

The Customer acknowledges and understands that neither Eternal Second LLP , nor any of its partners, employees, representatives, agents or the like, warrant that the Services offered or provided hereunder will not be interrupted or be error free, nor do they make any warranty or representation as to the results that may be obtained from the use of the Service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Service, unless otherwise expressly stated in this Agreement. Where permitted by law, Eternal Second LLP specifically disclaims all warranties of any kind, including, without limitation, the warranty of merchantability and fitness for a particular purpose, whether expressed or implied, for the Service it is offering or providing hereunder.

Eternal Second LLP reserve the right to utilize a range of third party Internet service providers and related services as part of the Services provided under this Agreement. Eternal Second LLP will not be responsible for any loss or damages caused by any failure of a third party provider.

10. LIMITED LIABILITY - Under no circumstances, including negligence, shall Eternal Second LLP , its partners, officers, agents or anyone else involved in creating, producing or distributing Services be liable to a Customer or any third party, for any claims, causes of action or direct, indirect, incidental, special, or consequential, trebled, or punitive damages, that result or have alleged to have resulted from the use of or inability to use the Service; or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to Eternal Second LLP records, programs or services. Eternal Second LLP further shall have no responsibility whatsoever to the Customer or any third party for the accuracy or quality of information obtained through or in connection with its Services. Notwithstanding, the Customer's exclusive remedies for all damages, losses, costs or causes of actions from any and all claims, whether in contract, quasi-contract, statutory, delict including negligence, or otherwise, shall not exceed the aggregate amount which the Customer paid to Eternal Second LLP during the 12 (twelve) months immediately preceding the claim or the term of this Agreement, whichever is less.

11. INDEMNIFICATION - The Customer shall defend, indemnify, save and hold Eternal Second LLP harmless from any and all damages, demands, liabilities, losses, costs and claims, including, without limitation, reasonable legal fees, compensatory damages, punitive damages, trebled damages, and statutory damages (hereinafter "Liabilities") asserted against Eternal Second LLP , its partners, agents, customers, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed by Customer, its agents, employees or assigns or any product distributed, offered or sold by Customer, its agents, employees or assigns.

12. PROHIBITED USES - The customer shall not use, nor permit the use by any person of the Customer's Web space, e-mail or any part thereof, including any links to other Web space, in violation of Eternal Second LLP "Acceptable Use Policy" provided herewith.

13. TERMINATION - This Agreement may be terminated: (i.) By either party, without cause, by giving the other party 30 days prior written notice; (ii.) By Eternal Second LLP , at any time, upon 20 days prior notice if in the sole judgment of Eternal Second LLP , Customer breaches any material provision of this Agreement and has not cured same by the end of the 20 days; (iii.) By Eternal Second LLP in the event of non payment by the Customer as provided in Paragraph 3 above; and (iv.) By Eternal Second LLP, at any time, without notice, if, in Eternal Second LLP sole judgment, the Customer is in violation of any terms or conditions of the Acceptable Use Policy.

If a domain name is transferred or cancelled for any reason before the end of the Initial Term, a fee of $50 (fifty dollars) will be charged by Eternal Second LLP . The transfer or change of handle/tags will not take place until payment has been received in full.

14. ACCEPTABLE USE POLICY - The customer acknowledges that they has received and reviewed a copy of the Acceptable Use Policy and that the terms of the Acceptable Use Policy are incorporated herein by reference. Eternal Second LLP reserves the right to amend this Service Agreement and the Acceptable Use Policy from time to time and the Customer shall be bound by any such amendments. The Customer shall have the obligation to periodically visit the Eternal Second LLP Web Site, (www.eternalsecond.com) to review its Acceptable Use Policy and to make certain the Customer is in full compliance therewith. In the event of any inconsistencies between this Agreement and the Acceptable Use Policy, the terms of the Acceptable Use Policy shall govern.

15. NOTICE - All notices must be sent either in writing or by email. All notices to Eternal Second LLP shall be delivered to its address stated above or its email address as provided. All notices to the Customer shall be delivered to its mailing address or email address as provided. The parties may change their respective address by notice delivered to the other party.

16. MISCELLANEOUS - This Agreement sets forth the entire agreement between Eternal Second LLP and the Customer with respect to the subject matter hereof and supersedes all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any other prior writing between the parties. If any provision of this Agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless continue in full force and effect. The Customer may not transfer or assign this Agreement without prior written consent from Eternal Second LLP . The laws of Kansas shall govern this Agreement and all claims concerning this Agreement shall be brought exclusively in courts located in Kansas. The parties hereby consent to submit to the jurisdiction of such courts and waive any personal jurisdiction or venue defenses concerning said forum. By signing below, the Customer agrees to be bound by the terms of this Agreement. Furthermore, the Customer acknowledges that they have read and understand the terms of this Agreement.