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Services Agreement
This Web Hosting and Services Agreement (this "Agreement") is entered event of interruption of the services, issue SUBSCRIBER a credit in an
into by and between AssociationVoice, LLC ("AV") and amount equal to the service charge for the interrupted period.
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("SUBS IBER"), effective as f I The foregoing warranties shall not apply to performance issues or defects
In consideration of the covenants containe in the Services that resulted from factors outside of AV's reasonable
agree as follows: control; that resulted from any actions or inactions of SUBSCRIBER or
third parties; or that resulted from SUBSCRIBER's equipment or any third
1. SERVICES parties' equipment not within the control of AV.
SUBSCRIBER will purchase l~om AV, and AV will provide to
SUBSCRIBER, the services described in Schedule A (the "Services"). AV 6. SECURITY
may modify, upgrade or otherwise change the manner in which the SUBSCRIBER agrees to keep confidential any user name AV issues to
Services are provided, including, but not limited to, the hardware, SUBSCRIBER, and any password (whether issued by AV to
software, features or environment, so long as AV delivers comparable or SUBSCRIBER or created by SUBSCRIBER). SUBSCRIBER will be fully
superior functionality and reliability as delivered prior to said modification, responsible for all activity that occurs under the use of SUBSCRIBER's
upgrade or change. user name or password. SUBSCRIBER agrees to immediately notify AV
of any unauthorized use of SUBSCRIBER's user name or password, AV
2. PAYMENT FOR SERVICES will use commercially reasonable efforts to protect the security of the
SUBSCRIBER will pay AV the fees and charges set forth in Schedule A. Services; however, AV does not warrant or guarantee the integrity or the
A pre-payment for one (1) year of subscription is due at execution of security of the Services or of the content, information or data transmitted
Agreement and any subsequent payments are due within 15 days of through or contained within any portion of the Services.
receipt of invoice and will be made in U.S, dollars. If AV does not receive
payment in full of any invoice within 15 days after SUBSCRIBER receives 7. CONFIDENTIALITY
the invoice, AV may impose a charge equal to the lesser of the maximum SUBSCRIBER agrees to provide true, accurate and complete information
amount permitted by applicable law or one and one-half percent (1.5%) of about itself and other users of the Services. All proprietary and
the overdue balance, for each month or fraction thereof of the overdue confidential information and materials ("Confidential Information") of either
amount that remains unpaid. SUBSCRIBER will pay AVail costs and party will be held in confidence by the other party. Confidential Information
expenses, including reasonable attorney's fees, incurred by AV in will include, without limitation, information relating to a party's business
exercising any of its rights and remedies set forth in this Agreement and in and marketing plans and processes, rates, fees and other terms of pricing
the enforcement of any of the terms, conditions and provisions in this of the Services, customers, software, hardware and technology, or quality
Agreement including, but not limited to all costs of collection. of performance of the Services. Confidential Information will not include
information (a) already known or independently developed by the
3. TERM AND TERMINATION recipient, (b) in the public domain through no wrongful act of the recipient,
This Agreement shall be valid from the Effective Date aM I ,.II L~ or (c) received by the recipient from a third party who was authorized to
( :- < "Mill' rono..'--' <- l _i._ r . -'- ~f ^no l'~, UlI___ _:1I._. disclose it.
p~ J,' ._~ miLL.. .'in 1_ 1I._ _11._. ..._, II VI IlVIl-Il:OlItlWdl, dl 1<;;0'" ~~
~ . _uJ~Il~ AV may, without prior notice, suspend or terminate SUBSCRIBER's Confidential Information will include "Personally
SUBSCRIBER'S or any other user's password, account or use of any of Identifiable Information" about SUBSCRIBER and its authorized users.
the Services, and/or remove and discard, alter or prevent access to any Personally Identifiable Information is information that personally identifies
content within the Services, for violation of any provision of this a person or entity. AV will not, nor knowingly permit others to release
Agreement. Upon termination of this Agreement, SUBSCRIBER must pay Personally Identifiable Information without the written consent of
all fees to the date of termination as provided herein. SUBSCRIBER will SUBSCRIBER.
have fifteen (15) days from the date of termination to download and
remove any content on the website that is owned by SUBSCRIBER, after Neither party will use (for itself or for any third party) or disclose, nor
which date AV may destroy such content. Following termination, the permit any other person or entity under its control to use or disclose any
provisions of this paragraph and of sections 4 through 14 will survive. Confidential Information, except (A) to employees, agents, third party
contractors, or representatives of the recipient who have a "need to know"
4. CONDUCT OF USERS the information and are subject to an obligation of confidentiality at least
The Services may be used only by SUBSCRIBER, its authorized users as restrictive as the restrictions contained in this Section 7, (B) if required
and its authorized agents. SUBSCRIBER and other users of the services by law or legal process, (C) to enforce this Agreement (including the
may use the Services only as long as SUBSCRIBER and the other users Rules), (D) to respond to claims that any content violates the rights of third
comply with rules, regulations and guidelines ("Rules") imposed by AV. parties, or (E) to protect the rights, property, or personal safety of us,
SUBSCRIBER is responsible for its compliance with the Rules and all users of the Services or members of the public. Each party will promptly
other users to whom SUBSCRIBER authorizes access for the Services. A notify the other party if it receives a request for the other party's
copy of the current Rules is attached, as Schedule B. Any violation of the Confidential Information (unless notice is prohibited by law), and will
Rules by any user using the Services will be a breach of this Agreement. reasonably cooperate with the other party's efforts to seek protection from
A V may amend or supplement the Rules from time to time, without disclosure. Upon termination of this Agreement, the provisions of this
liability. Section 7 will survive, and each party will either return to the other party
all Confidential Information of the other party in its possession or control,
5. AV's LIMITED WARRANTY or, at the other party's request, destroy any such Confidential Information.
AV represents and warrants to SUBSCRIBER that the services described
in Schedule A will be performed in a manner consistent with industry 8. PROPRIETARY RIGHTS
standards and in compliance with any specifications and requirements set AV owns or has authority to use (a) the content contained in or presented
forth on Schedule A. SUBSCRIBER shall notify AV in writing within 30 through the Services by AV or by third parties engaged by AV (including,
days after performance of any services if such services do not conform to without limitation, text, music, sound, photographs, graphics, video, page
the foregoing warranties; otherwise, such services will be deemed to be in layout, and design), (b) the software, hardware, files, processes, systems,
compliance with the foregoing warranties. SUBSCRIBER's exclusive databases and tools used by or provided to SUBSCRIBER by AV or by
remedy for breach of the foregoing warranties shall be for AV, at its third parties engaged by AV to provide the Services, (c) other tangible and
option, to re-perform the services at no cost to SUBSCRIBER, or, in the intan\ili~I!!ld!1"\ A'SPF&P"OOM;! to t~e Services, and (d) the trade
namg, trcld~ r servl(;e-mark~,~copyrlgh1s, patents, inVentions, trade
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secrets, know-how and other intellectual property rights relating to the MISUSE OF, OR INABILITY TO USE, THE SERVICES BY ANY
foregoing ("AssociationVoice Property"). PERSON OR ENTITY.
SUBSCRIBER is granted the right to use that portion, and only that IN NO EVENT WILL AV NOR ANY OTHER PERSON OR ENTITY
portion, of AssociationVoice Property that is contemplated in this INVOLVED IN CREATING, PRODUCING OR DELIVERING ANY OF THE
Agreement. SUBSCRIBER will not, and SUBSCRIBER will not permit any SERVICES BE LIABLE FOR ANY INDIRECT, SPECIAL, OR
person or entity to copy, revise, alter, modify, decompile, reverse CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT
engineer, assemble, or attempt to discover, nor sell, assign, sublicense, LIMITED TO, DAMAGES FOR LOST PROFITS, GOODWILL, USE,
encumber, or otherwise transfer any interest in any AssociationVoice DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF AV HAS BEEN
Property, including, without limitation, any object code, source code, NOTIFIED OF THE POSSIBILITY OF SUCH LOSSES) ARISING OUT OF
underlying processes or algorithms contained therein, other than as is OR RELATED TO THIS AGREEMENT OR THE SERVICES. OUR
permitted by AV in writing. SUBSCRIBER acknowledges that any MAXIMUM LIABILITY FOR ANY CLAIM ARISING OUT OF THIS
violation of this section imposes a serious threat to AV's business and its AGREEMENT OR THE SERVICES WILL BE LIMITED TO THE AMOUNT
ability to exist. Therefore, SUBSCRIBER agrees to pay all compensatory OF FEES PAID BY SUBSCRIBER TO AV UNDER THIS AGREEMENT
damages and all of AV's costs including, but not limited to, reasonable FOR THE SIX (6) MONTHS PERIOD IMMEDIATELY PRIOR TO WHEN
attorney fees pertaining to AV's efforts to enforce the provisions of this ANY CLAIM OR CAUSE OF ACTION AROSE.
section,
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
By creating, posting or submitting content on a website or any public area, IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF
or permitting others to do the same, SUBSCRIBER (i) represents and LIABILITY. IN SUCH JURISDICTIONS, SOME OF THE LIMITATIONS IN
warrants that SUBSCRIBER is the owner of the content or otherwise has THIS SECTION 10 MAY NOT APPL Y TO SUBSCRIBER.
authority to use and distribute it and to grant the rights to AV set forth in
this Agreement, (ii) represents and warrants that the content complies and SUBSCRIBER agrees that any claim or cause of action which
will continue to comply with this Agreement, and (iii) grants AV and its SUBSCRIBER may have arising out of a claim related to this Agreement
affiliates a worldwide, perpetual, irrevocable, royalty-free, sub licensable or the Services must be filed within one (1) year after such claim or cause
(through multiple tiers) non-exclusive right and license to exercise all of action arises, or the claim or cause of action will forever be barred.
rights with respect to the content submitted, created or posted in any
public area, and to cache, backup and otherwise use the entirety of A V will not be liable for failure or delay in performing our obligations under
SUBSCRIBER's website, including content supplied by third parties. this Agreement if the failure or delay is due to circumstances beyond our
SUBSCRIBER agrees that such caching, backup and other use is not an control, including, without limitation, acts of any governmental body, war,
infringement of any of its intellectual property rights or any third party's insurrection, sabotage, embargo, fire, flood, strike or other labor
intellectual property rights. disturbance, interruption of or delay in transportation, unavailability or
interruption or delay in telecommunication or third party services
9. THIRD PARTY DEALINGS (including DNS propagation), failure of third party software or hardware, or
If SUBSCRIBER acquires goods or services from a third party, whether or inability to obtain raw materials, supplies, or power used in equipment
not the goods or services are used as part of the Services, SUBSCRIBER needed for the provision of services.
agrees that its business dealings with that third party are solely between
SUBSCRIBER and the third party. AV has no liability for any reason 11. INDEMNIFICATION
connected with such third parties or the goods or services acquired, SUBSCRIBER agrees to indemnify and hold AV (as well as its parents,
including, without limitation, complaints or claims concerning failure to subsidiaries, affiliates, officers, members, employees and representatives)
. perform, defects in goods or services or otherwise. harmless from-any and all claims, liability and expenses (including without
limitation, reasonable attorney's fees) arising out of or related to
Links to other websites or resources may be provided by AV or third SUBSCRIBER'S use of the Services (unless the claim directly relates to
parties as part of the Services, SUBSCRIBER agrees that AV has no AV's misconduct), SUBSCRIBER'S breach of any provision of this
control over such sites and is not responsible for them. SUBSCRIBER Agreement, or any claim arising out of content posted or transmitted by
also agrees that AV is not responsible for any content, advertising, any person or entity associated with SUBSCRIBER (other than AV)
products or material on or available from such sites or resources. through the use of the Services. AV reserves the right, at its own
expense, to assume the exclusive defense and control of any matter
10. DISCLAIMERS AND LIMITATIONS otherwise subject to indemnification by SUBSCRIBER, which shall not
SUBJECT TO THE WARRANTIES SET FORTH IN SECTION No.5, excuse SUBSCRIBER's indemnity obligations.
SUBSCRIBER'S USE OF THE SERVICES AND ANY EQUIPMENT,
SOFTWARE AND HARDWARE PROVIDED IN CONNECTION WITH 12. NOTICES and ST A TEM ENTS
THE SERVICES, IS ON AN "AS IS" BASIS. WHILE AV WILL EXERCISE Except as otherwise specifically provided in this Agreement, all notices
ITS BEST EFFORTS TO PROVIDE THE SERVICES, AV MAKES NO, and statements may be sent by electronic mail, facsimile or overnight
AND HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESSED delivery to the electronic mail address, fax number or delivery address
OR IMPLIED, OF ANY KIND OR NATURE WITH RESPECT TO THE most recently provided in writing. For overnight deliveries, notices and
SERVICES OR SUCH PROPERTY, INCLUDING, WITHOUT statements will be deemed to be received upon personal delivery. For
LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS facsimile and electronic mail deliveries, notices and statements will be
FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, NEITHER deemed to be upon transmission. Evidence of successful transmission
AV NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, shall be retained. As of the date of execution, the addresses for notices of
PRODUCING OR DELIVERING ANY OF THE SERVICES each party are:
REPRESENTS OR WARRANTS THAT THE SERVICES WILL BE
TIMELY, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL
BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS OR
OTHER PROPERTY THAT ARE USED IN PROVIDING THE SERVICES
WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
AV HEREBY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY,
ARISING OUT OF THE INACCURACY, ILLEGALITY, AND/OR
INAPPROPRIATENESS OF ANY CONTENT PROVIDED TO ANY
WEBSITE OR ANY PUBLIC AREA, THE DAMAGE, DESTRUCTION OR
CORRUPTION OF ANY CONTENT OR OTHER DATA, OR THE USE OR
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Rev. 105
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If to us: remedies set forth in this Agreement are cumulative and in addition to and
not in lieu of any other remedies of any party at law or in equity. No
AssociationVoice, LLC person or entity is intended to be a third party beneficiary of any provision
55 South Forest Street of this Agreement. The parties represent and warrant that they have full
Denver, CO 80246 authority to execute and deliver this Agreement and to perform their
Main: (303) 322-5425 obligations under this Agreement, and that the person whose signature
Fax: (800) 858-1035 appears below is duly authorized to enter into this Agreement on behalf of
Email for Notices: Legal@AssociationVoice,com the party whom they represent.
Email forBillingQuestions:Billing@AssociationVoice.com
IN WITNESS WHEREOF, the parties agree that they have reviewed this
If to you: Agreement and have executed it as of the Effective Date.
Organization Name: (;., It C ()...,,,,, ;'1/ AssociationVoice, LLC
I
By:
Attention: 11 r \f II" T rt lA. ) L (J/"f '" J.v -Itfll''II.l
, ! I Name: Viola Kelly
Address: 'f ()O !J1"()/U/wt:A.y Title: VP Business Development
'0 (J;.()X '1701'
C q , f () { () (0 ("'If I () Y/ I )/ SUBSCRIBER: €. fl.])P LI:J ~j.. r
Main: 'I" tJ J ;)..1'- 51,$>.> By: A;" -1 ._1; e~ t.:. v /} /' ,,'"""
Fax: f 7() ]~fJ'~ 1'(, f'f Name:~ 1 t, ~~~rlJ+-
Title: v I.t RI rAt 6o..,.e/ Qf C'~"'I-f
Email for Notices: brV.qh, rre'l &t.4J/~I:#""J..',,~, '"
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Email for Invoices: c;. 'l ~ (
13. GOVERNING LAW AND VENUE
This Agreement, and any dispute arising pursuant to this Agreement, shall
be governed by Colorado law exclusive of its provisions regarding
conflicts of law. Any action relating to this Agreement must be brought in
Denver, Colorado, at the option of the party initiating the claim, and both
parties irrevocably consent to the venue and jurisdiction of the state and
federal courts located in Denver, Colorado for this purpose. In the event
of a dispute between the parties arising out of this Agreement or other
action to enforce the terms of this Agreement (including but not limited to
a collection action), the prevailing party will be entitled to an award of its
reasonable attorney fees and expenses.
14. GENERAL PROVISIONS
This Agreement is the complete Agreement between the parties and
supersedes any prior or contemporaneous oral or written
communications, representations or understandings concerning the
subject matter. SUBSCRIBER agrees that SUBSCRIBER is not relying on
any representation, warranty, guarantee or statement of any kind or
nature except as set forth in this Agreement. If any provision of the
Agreement is held invalid or unenforceable, the remaining provisions will
remain in effect. The Rules may be amended at any time by us as
otherwise provided in this Agreement. Otherwise, any amendment of this
Agreement will require the written consent of both parties. No waiver of
any breach or failure or delay in exercising any right. power or remedy of
any provision of this Agreement shall constitute a waiver of the same of
any other provision hereof with respect to prior, concurrent or subsequent
occurrences and no waiver shall be effective unless made in writing and
signed by an authorized representative of the party against whom such
waiver is sought. Titles and headings are included solely for convenient
reference and are not part of this Agreement. SUBSCRIBER may not
assign any of its rights or obligations (in whole or in part) without the prior
written consent of AV, which shall not be unreasonably withheld. Subject
to the express exclusions and limitations set forth in this Agreement, all
1W~:1i&@,'fK;jWt*2W*1~\
SCHEDULE A . Training: Services available for $15 per quarter hour; time is
SERVICES AND PAYMENT SCHEDULE calculated to the next quarter hour. Material and travel expenses
will be billed as incurred.
PricinQ . Site Administration: Services available for $15 per quarter hour;
AssociationVoice's service charges consist of both an ongoing monthly time is calculated to the next quarter hour.
subscription and a one-time setup fee, The setup fee is determined . Domain Name Registration: Registration of Domain Names on behalf
based on your desired level of implementation support, training, Web site of the Management Company and/or association(s) for $35 per domain
design, document digitization, customization, and integration into an per year, e,g., www.managementcompany.com and/or
existing Web site or management system. www,yourassociationname.com. A one-time Name Server setup fee of
One year prepayment @ $50 per month $600 per yeart $50 per domain name will be assessed for Domain Name Server
registration and setup.
tPlease note that this is for a one year term with a prepayment due in advance . Domain Name Server: Services for domain names not registered
beginning from the service date. through. AssociationVoice are available for $24 per domain per year.
For domains with e-mail, our Advanced Domain Name Server services
Site Setup Estimate Worksheet are available for $49 per domain per year. A one-time Name Server
setup fee of $50 per domain name will be assessed for Domain Name
Initial Site Setup one time $150 Server registration and setup.
Domain Name Registrationtt $35 per year $35 . Web Forwarding: Forwarding of additional domain names to a main
domain name for $12 per Web Forward per year.
(N/A with existing domain name) . Tiered Horizontal Menu: Multi-level menu capability allows for
Domain Name Server Setuptt $50 one time $50 advanced organization and navigation. Ideal for sites with significant
(N/A with existing domain name) amounts of content. One-time $325 fee at set-up.
Web Site Design $72 per hour . Document Digitization: Digitization of association documents to an
Adobe PDF format for online viewing and searching is available for
3-5 hours average $0.40 per page. Conversion of digitized documents to an HTML format
Horizontal Menu Optiontt $325 one time for advanced viewing and searching requires additional OCR
Training $60 per hour verification, cleanup, and/or indexing available for $10 per quarter
hour; time is calculated to the next quarter hour. Association
Recommend 1.5-2 hours documents may be stored to a master CD and delivered to appropriate
2 Email accounts $ 2 per account $ 48 association representative for $25 per CD.
per month . Email: Email accounts for Management Company representatives
TOTAL $ 883 and/or designated association members are available on a $2 per
ttOptional service offered bv AssociationVoice account per month basis (requires association or management
company to have their own domain name, e.g"
Included Services president@yourorganizationname,com). A one-time fee of $50 will be
assessed for account setup and the appropriate forwarding. The
. Smart Technology Suite various services are specified below:
Public Web site and Private Intranet Email and Web Mail Account: Includes POP3 and Web Mail Service
" Do-it-yourself WebPublishersM with 5 MB storage per mailbox, Web Mail features, virus and spam
OfficeLinksM with FormPublishersM control for $2 per account per month.
Discussion Groups Additional online email storage sold in 5MB increments for $2 per
Resource CenterSM account per month.
n AssociationVoiceSM Full-Text Search Engine Advanced email SPAM and Virus filtering is available for $2 per
" Messenger ServicesM account per month.
Newsletter Publisher . Online Payments: Processing of credit cards, debit cards, and checks
" Community Calendar online for deposits, dues payment and/or rent payment will be quoted
Classifieds on an as needed basis.
" Community Directory . Drive Space: Additional drive space may be increased at $10 per
Photo Gallery with Easy Image Upload and Photo Optimization 100MB per month.
., AssociationVoicesM Privacy & Security System . Monthly Data Transfer: The monthly transfer rate may be increased at
. Professional Hosting $2.00 per 1 GB per month.
High speed T3 connection to the Internet
G Network performance monitoring tt1AV will advise SUBSCRIBER of any increases to its billing rates for
" Web server hardware and applications monitoring Optional Services prior to any such increases.
. Support
24-hour Site Administrator Support through phone or email AssociationVoice (AV) recognizes that the number of units managed for
Online Help Materials communities or associations using the Services may fluctuate. AV
. Automatic Upgrades: As new features and upgraded functionality Reserves the right to review the number of units using the Services to
become available with advances in Internet technologies they will be
incorporated into the suite of applications verify accuracy of payments and will submit adjusting invoices to capture
. Real-Time Backup: Encompasses entire site, data, content, and all charges.
documents.
. 100 MB of Drive Space
. 1 GB of Monthly Data Transfer
Optional Servicesttt:
. Website Customization and Development: Services are available for
$31 per quarter hour; time is calculated to the next quarter hour.
. Website Graphic Design: Services are available for $18 per
quarter hour; time is calculated to the next quarter hour.
081105
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SCHEDULE B in its sole and absolute discretion what is and is not an appropriate
RULES AND REGULATIONS conduct and use of any of the Services, and to cease providing or bar
access to any or all of the Services to any user at any time, for any reason
These Rules and Regulations (the "Rules") supplement the terms of the or for no reason, without prior notice. AV reserves the right, not the
Web Hosting and Services Agreement (the "Agreement") to which they obligation, to monitor and investigate complaints regarding any of the
are attached. Unless they are defined differently in this Schedule S, all foregoing, and SUBSCRIBER agrees to grant AV access to
terms have the meanings set forth in the Agreement SUBSCRIBER's website at any time without notice, and to cooperate fully
with AV in providing access and information as may be requested at any
These Rules are intended to explain the obligations of SUBSCRIBER and time and from time to time. SUBSCRIBER agrees that any reservation of
other users of the Services as to their conduct while using the Services. rights by AV imposes no obligation of any kind on AV to take any of the
SUBSCRIBER is responsible for compliance with these Rules by all users foregoing actions.
of any of the Services. Failure of any user to comply with these Rules may
be a breach of the Agreement and may result in, among other things, the
termination of the Agreement and/or any or all of the Services, the denial
of access to one or more of the Services, the refusal to post or transmit, or
the alteration or removal of material from a website or other area. The
Rules are subject to change as provided in the Agreement
Terms of Service Users shall comply with Terms of Service adopted by
us from time to time and posted online.
No 8pam Users shall not upload, send or post unsolicited or unauthorized
junk mail, "spam," advertising, promotions, chain letters, or any other form
of solicitation, except postings on a communities or association's website.
Unlawful Use Users shall not upload, transmit or post any material, or
engage in any other use of the Services that violates any law, rule or
regulation, infringes any other person's rights, including, without limitation,
any intellectual property or privacy rights, or that otherwise could impose
civil or criminal liability, We reserve the right to notify any governmental
entity, law enforcement authority, or any other party that we deem
appropriate in our sole discretion, of any such activity. Uploading, posting
or transmitting any content that infringes any patent, trademark, trade
secret, copyright, publicity or proprietary right of any person or entity will
be grounds for immediate termination of the Services or other corrective
action.
Defamatorv or Abusive Material Users shall not send or post
defamatory, obscene, profane, vulgar, threatening, offensive, abusive,
inaccurate or illegal material. Users shall not "stalk" or harass one
another.
Destructive Acts Users shall not distribute any Internet viruses, Trojan
horses, time bombs, cancel bots, worms, or other programming routines
or engage in other destructive activities that are designed to damage,
interfere with, or intercept data or the operation of computers, networks or
other equipment or systems, Users shall not access, or attempt to access,
another person's or entity's accounts, websites, networks, servers,
equipment or systems without proper authorization to do so, or attempt to
disrupt or interfere with the Services in any manner.
Use and Data Storaqe AV may establish and change from time to time
general practices and limits on the use of the Services, the amount of
central processing unit (CPU) processing, bandwidth and disk usage, and
levels of activity. We will use commercially reasonable efforts to give you
notice of these practices and limits. Violation of these practices and limits
will be considered a violation of these Rules.
Other Activities Users shall not engage in any other activity that we
determine in our sole discretion may be harmful to other Users or the
Services.
AV does not in the ordinary course pre-screen or monitor content of the
websites or public areas, nor online postings or other communications,
However, AV reserves the right, but not the obligation, to determine in its
sole discretion what is and is not acceptable content on any website or in
any other communication or posting made in connection with the
Services, to limit placement of any content on a website or on any other
area provided in connection with the Services, to remove, alter or block
access to any content immediately and without prior notice, to determine
