Terms of Services
date: Apr 29, 2009
All services provided by Shumate Mechanical LLC ("Shumate") may be used for
lawful purposes only. Transmission, storage or presentation of any
information, data or material in violation of any United States federal,
state or city law is prohibited. This includes, but is not limited to:
copyrighted material, material we judge to be threatening or obscene, or
material protected by trade secret and other statute. The customer
agrees to indemnify and hold harmless Shumate from any claims resulting from
the use of service which damages the customer or any other party.
Prohibited are files or content that promote any illegal activity or present
information that may be damaging to Shumate's servers, or any other server on the
Internet. Links to such materials are also prohibited. Examples of unacceptable content or links:
pirated software, hacker programs or archives, warez
Notice: If your account is found to contain illegal activity,
files, software programs or any other illegal content, your account will be terminated immediately without notice.
Additionally Shumate will notify the proper authorities of your actions.
All customer accounts come with a
predetermined amount of traffic allowance. We monitor all accounts and
may terminate an account for excessive traffic as solely determined by us.
Any attempt to undermine or cause harm
to a server or customer of Shumate is strictly prohibited. As our customer you
are responsible for all your accounts. Should you violate the Terms of
Services outlined within, your account will be cancelled.
Refusal of Service
We reserve the right to refuse,
cancel or suspend service, at our sole discretion.
Limitation of Liability
Shumate shall not be
responsible for any claimed damages, including incidental and
consequential damages, which may arise from Shuamte's servers going off-line
or being unavailable for any reason whatsoever. Furthermore, Shumate shall not
be responsible for any claimed damages, including incidental or
consequential damages, resulting from the corruption or deletion of any
content or account. All damages shall be limited to the
immediate termination of service.
Violations of these Acceptable Use
Policies should be referred to email@example.com. All complaints will be
investigated promptly. Failure to follow any term or condition will be
grounds for immediate account deactivation.
Shumate cannot be held liable for system
down time, crashes or data loss. We cannot be held liable for any
predicated estimate of profits which a customer would have gained if their
site was functioning. Certain services provided by Shumate are resold. Thus,
certain equipment, routing, software and programming used by Shumate are not
directly owned or written by Shumate. Moreover, Shumate holds no responsibility
for the use of our customers' accounts. Failure to comply with any terms or
conditions will result in the automatic deactivation of the account in
question. We reserve the right to remove any account, without advance
notice for any reason without restitution, as Shumate sees fit.
By activating your account with
Shumate, you agree to the above policies and disclaimer. Upon requesting
activation of an account, you are required to accept these policies,
guidelines and disclaimer.
Server Uptime Guarantee
Although Shumate has an
excellent record for reliability, we do not offer an uptime guarantee.
However, our network and servers are monitored continuously, and are
rarely down except for scheduled maintenance and hardware and software
Shumate reserves the right to amend any or all of the above policies,
guidelines and disclaimer without notification. We also retain the right
to make changes to our plans without notification.
Acceptable Use Policy
date: April 29, 2009
As a provider of online services and other
Internet-related services, Shumate offers its customers (also known as
"Subscribers") the means to acquire and
disseminate a wealth of public, private, commercial and non-commercial
information. Shumate respects that the Internet provides a forum for free and
open discussion and dissemination of information. However, when there are
competing interests at issue, Shumate reserves the right to take certain
preventive or corrective actions. In order to protect these competing
interests, Shumate has developed an Acceptable Use Policy
("AUP"), which supplements and explains certain terms of each
customer's respective account, and is intended as a guide to the
customer's rights and obligations when using Shumate's services. This AUP may
be revised from time to time.
When customers obtain
information through the Internet, they must keep in mind that Shumate cannot
monitor, verify, warrant or vouch for the accuracy and quality of the
information they acquire. For this reason, the customer must exercise
his or her best judgment in relying on information obtained from the
Internet, and also should be aware that some material posted to the
Internet may be offensive. Because Shumate
cannot monitor or censor the Internet, and will not attempt to do so, Shumate
cannot accept any responsibility for injury to its customers resulting
from inaccurate, unsuitable, offensive or illegal Internet communications.
When customers disseminate information from the Internet, they must
keep in mind that Shumate does not review, edit, censor or take responsibility
for any information its customers may create. When users place
information on the Internet, they have the same liability as other authors
for copyright infringement, defamation and other harmful speech. Also,
because the information created is carried over Shumate's network and may reach
a large number of people, including both customers and non-customers
of Shumate, customers' postings to the Internet may affect others
and may affect Shuamte's goodwill, business, reputation or operations. For
these reasons, customers violate Shumate policy and the Terms and Conditions
when they, their customers, affiliates or subsidiaries engage in the
following prohibited activities:
Sending unsolicited bulk and/or
commercial information over the Internet. It is not only harmful because
of its negative impact on consumer attitudes toward Shumate, but also because
it can overload Shumate's network and disrupt service to Shumate's customers.
When a complaint is
received, Shumate will investigate and shutdown the account that is SPAMing. A
$250 charge for violating this policy will be charged to the person
initiating the SPAM. Furthermore Shumate reserves the right to prosecute for
this violation. A $1.00 charge will be assessed PER EMAIL sent should Shumate
choose to pursue and prosecute.
Shumate does not allow adult
Large File Policy:
Shumate is not for file hosting and
distribution - as such, customers may not host any files that are observed to be available for the sole purpose of
Obscene Speech or Materials:
Using Shumate's network to
advertise, transmit, store, post, display, or otherwise make available
child pornography or obscene speech or material is prohibited. Shumate is
required by law to notify law enforcement agencies when it becomes aware
of the presence of child pornography on or being transmitted through its
Defamatory or Abusive Language:
Using Shumate's network
as a means to transmit or post negative, defamatory, harassing, abusive or
Forging of Headers:
Forging or misrepresenting
message headers, whether in whole or in part, to mask the originator of
Illegal or Unauthorized Access to Other Computers or Networks:
Accessing, illegally or without authorization, computers,
accounts or networks belonging to another party, or attempting to
penetrate security measures of another individual's system (often known as
"hacking"). Also, any activity that may be used as a precursor to an
attempted system penetration (i.e., port scan, stealth scan or other
Distribution of Internet Viruses, Worms, Trojan Horses or Other
Distributing information regarding
the creation of and sending Internet viruses, worms, Trojan horses,
pinging, flooding, mail bombing or denial of service attacks. Also,
activities that disrupt the use of or interfere with the ability of others
to effectively use the network or any connected network, system, service
Facilitating a Violation of this AUP:
transmitting or otherwise making available any software, program, product
or service that is designed to violate this AUP, which includes the
facilitation of the means to spam, initiation of pinging, flooding, mail
bombing, denial of service attacks and piracy of software.
Export Control Violations:
software over the Internet or otherwise, to points outside the United
Other Illegal Activities:
Engaging in activities
that are determined to be illegal, including, but not limited to,
advertising, transmitting or otherwise making available ponzi schemes,
pyramid schemes, fraudulently charging credit cards and pirating software.
Engaging in activities, whether
lawful or unlawful, that Shumate determines to be harmful to its customers,
operations, reputation, goodwill or customer relations.
As we have pointed out, the responsibility for avoiding harmful
activities just described rests primarily with the customer. Shumate will
not, as an ordinary practice, monitor the communications of its
customers to ensure that the comply with Shumate's policy or applicable law.
However, when Shumate becomes aware of harmful activities, it may take any
action to stop the harmful activity, including, but not limited to,
removal of information, shutting down a web site, implementing screening
software designed to block offending transmissions, denying access to the
Internet, or any other action deemed appropriate by Shumate.
Shumate will not intentionally monitor private electronic messages
sent or received by its customers, unless required to do so by law,
governmental authority or when public safety is at stake. Shumate may,
however, monitor its service electronically to determine that its
facilities are operating satisfactorily. Also, Shumate may disclose
information, including, but not limited to, information concerning a
customer, a transmission made using our network, or content, in order
to comply with a court order, subpoena, summons, discovery request,
warrant, statute, regulation or governmental request. Shumate assumes no
obligation to inform the customer that customer information has been
provided and, in some cases, may be prohibited by law from giving such
notice. Finally, Shumate may disclose customer information or information
transmitted over its network where necessary to protect Shumate and others
from harm, or where such disclosure is necessary to the proper operation
of the system. However, Shumate will not sell information to other services
or outside companies.
Shumate wishes to emphasize that, in accepting these terms, customers indemnify Shumate for any violation of the
terms, law or Shumate policy resulting in loss to Shumate or the
bringing of any claim against Shumate by any third party. This means that, if
Shumate is sued because of a customer's
activity, the customer will be responsible for payment of any damages
awarded against Shumate, plus costs and reasonable attorney's fees.
We hope this AUP is helpful in clarifying the obligations of Internet
users, including Shumate and its customers, as responsible members of the
Internet. Any complaints about a customers's violation of this AUP should
be sent to firstname.lastname@example.org.