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Information Center Acceptable Use Policy
Acceptable Use Policy
Please read this agreement in its entirety. All users of our service will be bound by this agreement, which may be updated by us from time to time without notice to you.

This User Agreement (the 'Agreement') governs the terms of the use by Client of services offered by eLab Communications. ('Hosting Provider'). Client agrees to receive access to eLab Communications services according to the following terms and conditions:

1. Selection of Service Plan. Client will select one of the service plans offered by eLab Communications, and agrees to receive services according to the service plan selected.
 
2. Payment for Services. Client will pay for services provided under this Agreement through recurring credit card, eCheck or ACH. Recurring authorization form must be signed prior to any service provided by eLab Communications. When initiating service, Client will be charged the published setup fee for the service plan selected, as well as a 6 months, 12 months or 24 months as specified by client when filling the order form or as agreed upon. The renewal period will be identical to the initial period unless change is requested in writing at least 15 days prior to the next biling date. 

It is the clients' responsibility to update billing information with eLab Communications. If payment is not received within the proper time frame, the account will be charged $30.00 late fees and/or termination of the account. eLab Communications has the absolute right to cancel any delinquent account without prior notification. There will be Absolutely No Refund for early terminated prepaid or delinquent accounts. eLab Communications will delete all content once a cancellation/termination action is taken. eLab Communications is not responsible for any loss of data.
 
3. Term. This Agreement may be terminated by Client or eLab Communications at any time without prior notice and without cause. If either party is in default under this Agreement (including nonpayment), then the non-defaulting party may also immediately terminate the Agreement without prior notice to the other party.
 
4. Compliance with Law. Client will use the services offered by eLab Communications in a manner consistent with all applicable local, state and federal laws and regulations.
 
5. File Back-up. eLab Communications is not responsible for Client's files residing on eLab Communications servers. Client is solely responsible for independent backup of data stored on eLab Communications servers.  eLab Communications  performs regular backups on a daily basis, but we cannot be held responsible for any lost data files.
 
6. Prohibition of Publication of Certain Material. Client shall not knowingly or unknowingly submit to eLab for publication any of the following material (including pictures, links, or any other content):
 
 
a. any material which violates or infringes any copyright, trademark, trade secret, patent, statutory, common law or other proprietary rights of others;
 
b. any material that is libelous or slanderous;
 
c. any material which is or contains anything obscene or pornographic; or
 
d. distribution lists to be used via unsolicited electronic mail or other mass electronic mailings including but not limited to: mass-newsgroup postings, SPAM and unsolicited email sent from your server, or any other service on the Internet, which contains your domain name or any other domain name on our network
 
e. Any abuse of shell account privileges including but not limited to:
 
 
i. Use of any program/script/command, or sending messages of any kind, designed to interfere with a user's terminal session, via any means, locally or by the Internet.
 
ii. Attempts to circumvent the idle daemon or time charges accounting, or attempts to run programs while not logged in by any method.
 
iii. Repeated running of CPU-intensive user-compiled programs which negatively impact other system users.
 
iv. Running eggdrop or any other IRC bot which is connected to a remote IRC server.
 
Any violation of the above conditions will result in termination of Client's account without notice.

Due to the public nature of the Internet, all material submitted by Client for publication will be considered publicly accessible. eLab Communications does not screen in advance Client's material submitted for publication. eLab Communications' publication of material submitted by Client does not create any express or implied approval by eLab Communications of such material, nor does it indicate that such material complies with the terms of this Agreement.
 
7. DISCLAIMER OF WARRANTIES. ELAB HOSTING SERVICE IS PROVIDED ON AN 'AS IS, AS AVAILABLE' BASIS.
ELAB COMMUNICATIONS SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL ELAB COMMUNICATIONS BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES, EVEN IF ELAB COMMUNICATIONS HAS BEEN ADVISED BY CLIENT OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IF ELAB COMMUNICATIONS SERVICE TO CLIENT IS DISRUPTED OR MALFUNCTIONS FOR ANY REASON, ELAB COMMUNICATIONS SHALL NOT BE RESPONSIBLE FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE, BEYOND THE FEES PAID BY CLIENT TO eLab FOR SERVICES, DURING THE PERIOD OF DISRUPTION OF MALFUNCTION.
 
8. Limitation/Disclaimer of Liability. eLab Communications is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network eLab Communications or its customers may utilize.

eLab Communications does not represent or warrant to Client that Client will receive continual and uninterrupted service during the term of this Agreement. In no event shall eLab Communications be liable to Client for any damages resulting from or related to any failure or delay of eLab Communications to provide service under this Agreement if such delays or failures are due to strikes, riots, fire, inclement weather, acts of God, theft or vandalism or other causes beyond eLab's control, as defined by standard practices in the industry. Such failure or delay shall not constitute a default under this Agreement.
 
9. Indemnity. Client agrees to defend, indemnify and hold eLab Communications harmless from and against any and all claims, losses, liabilities and expenses (including attorneys' fees) related to or arising out of the services provided by eLab Communications to Client under this Agreement, including without limitation claims made by third parties (including customers of Client) related to any false advertising claims, liability claims for products or services sold by Client, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided hereunder, or for any content submitted by Client for publication by eLab Communications, but excluding those related to the negligence of eLab Communications.
 
10. Resale of eLab Communications Service. If Client acts as a 'reseller' of the services provided by eLab Communications to Client hereunder, by Client providing similar services to its customers, then all the terms of this Agreement shall provide to the resale. Without limiting the foregoing, Client's obligations under Section 9 ('Indemnity') shall apply to any and all claims made against Client and/or eLab Communications which arise out of the resale of eLab Communications services.
 
11. Governing Law/Venue. This Agreement shall be governed by the laws of U.S.A.
 
12. Relationship of the Parties. The parties intend that an independent contractor relationship will be created by this contract, and that no partnership, joint venture or employee/employer relationship is intended.
 
13. Taxes. If any federal, state or local governmental entity with taxing authority over the services provided under this Agreement imposes a tax directly on the services provided by eLab Communications to Client under this Agreement (excluding any income, business and occupation, capital gain, death or inheritance, or other indirect taxes), then eLab Communications may pass the direct amount of such cost on to Client, and Client shall promptly pay such cost.
 
14. Waiver. Any party's failure to insist on compliance or enforcement of any provision of this Agreement shall not affect its validity or enforceability or constitute a waiver of future enforcement of that provision or of any other provision of this Agreement.
 
15. Attorneys' Fees. If a legal proceeding is commenced to enforce or obtain a declaration of rights under this Agreement, the prevailing party in such proceeding shall be entitled to recover its reasonable attorneys' fees and costs incurred in the proceeding from the non-prevailing party, as well as any reasonable attorneys' fees and costs that the prevailing party incurred prior to commencing the proceeding.
 
16. IP Addresses. eLab Hosting maintains control and any ownership of any and all IP numbers and addresses that may be assigned to Client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.
 
17. Cancellation. In order to stop service, Client must follow the cancellation procedure per paragraph 2. CMS clients must sign "FTP Release" form and/or pay any balance due prior to the release of server backend access.

 

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Turf Image, Inc.

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eLab Hosting Services
829 Foam Street
Monterey, CA 93940
Monterey : 831.375.7600
Toll Free: 888.624.8321
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