PTBB Terms of Use

Read this document carefully.
It defines your rights and responsibilities related to our system.

Power Technology Solutions Group, Inc. ("PTSG") provides hosting and connection for local information services, (collectively known as "the Service"), to you (Subscriber), subject to your compliance with the terms and conditions below.

BY ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE.

USE OF PTSG SERVICES AND THE INTERNET

You understand that you may access both PTSG local information resources and the Internet in general through the Service. You understand further that, except for information, products or services clearly identified as being supplied by PTSG, neither PTSG nor its affiliates operates or controls any information, products or services on the Internet in any way and that, except for such PTSG identified information, products or services, all merchandise, information and services offered or made available or accessible through PTSG or on the Internet generally are offered or made available or accessible by third parties who are not affiliated with PTSG or its affiliates.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF PTSG 's SERVICES AND THE INTERNET. PTSG DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH PTSG OR ON THE INTERNET GENERALLY, AND PTSG SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE, PROVIDED THROUGH PTSG OR ON THE INTERNET GENERALLY.

NO SERVICE WARRANTIES

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PTSG MAKES NO WARRANTIES REGARDING THE SPEED OF THE SERVICE AS ACTUAL SPEEDS MAY VARY DUE TO MANY FACTORS BEYOND OUR CONTROL. NO ADVICE OR INFORMATION GIVEN BY PTSG, ITS STAFF OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER PTSG NOR ITS STAFF OR CONTRACTORS WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.

UNDER NO CIRCUMSTANCES SHALL PTSG, ITS AFFILIATES OR ITS CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM YOUR USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR YOUR RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR LOSS OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE.

If you are dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines, or practices of PTSG in operating the Service, your sole and exclusive remedy is to discontinue using the Service.

ACCEPTABLE USE AND USER CONDUCT WHILE USING THE SERVICE

You, the Subscriber, are required to follow the Acceptable Use policy of PTSG while using the service. PTSG or other relevant authorities may determine inappropriate usage of this account and the privilege or usage may be revoked at PTSG's discretion. Should this occur, you will be informed in writing.

Your use of other network services through PTSG must comply with the rules of the respective services and computing networks.

Your failure to abide by the acceptable use policy may result in termination of your access to the Service.

The Service may be used for lawful purposes only.

While using the Service, you may not:

Transmit any material in violation of any U.S. or State regulation is prohibited. You agree to indemnify and hold harmless PTSG and its affiliates from any claims resulting form your use of the internet service, which damages you or another party.

Your account may not be used to breach the security of another customer or user or to attempt to gain access to any other persons computer, software, or data, without the consent of such person. It may not be used in any attempt to circumvent the user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security, such as password guessing programs, cracking tools, packet sniffers, or network probing tools are prohibited. Your account may not be used to collect, or attempt to collect, personal information about third parties without their consent.

You may not use your account to disrupt service. Your account may not be used to interfere with computer networking or telecommunication services to a user, host, or network, including denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges and attempts to crash a host. The transmission of any information or software that contains a virus or other harmful feature is prohibited.

Your activity must not improperly restrict, inhibit, or degrade any others use of the service nor represent (at PTSG's discretion) an unusually large burden on the network. You must also ensure that your activities do not improperly restrict, inhibit, disrupt, degrade, or impede PTSG's ability to deliver service and monitor the service, backbone, or other network services.

You should be aware that when using your account to access the internet or any other online network or service, there are certain transfer protocols, such as ftp and http, which may allow other users to gain access to your computer. If you choose to run such transfer protocols, you are responsible for taking appropriate security measures. Neither PTSG or its underlying providers shall have any liability whatsoever for any claims, losses, actions, damages, suits or proceedings resulting from arising out of, or otherwise relating to the use of such transfer protocols by you, including damages resulting from others accessing your computer.

In all cases, you are responsible for the security of any device you choose to connect to your service, including any data stored or shared. PTSG recommends against enabling file sharing of any sort unless you do so in strict compliance with all security recommendations and features provided by the manufacturer of the applicable file sharing devices. Any files or devices you choose to make available for remote access should be protected with a strong password or as otherwise appropriate.

This service may not be used to send bulk unsolicited messages. This includes, but is not limited to, bulk mailing of commercial advertising, announcements, petitions, and political or religious messages. Such messages may only be sent to those who have explicitly requested such messages. The service may not be used to send chain letters, junk mail, spam, or messages to any individual who has indicated they did not want to receive messages from you. Continuing to send email messages to anyone who has requested not to receive such email is considered to be harassment.

You may not send numerous copies of the same or similar messages nor may you send very large messages or files to a recipient with the intent to disrupt or with the effect of disrupting a server or account.

You may not resell, share, or otherwise distribute the service to any third party without the written consent of PTSG For example, you cannot provide Internet access to others through a dial-up or wireless connection, host shell accounts, provide email or news service, or send a news feed.

You may not run a server in connection with your account nor provide network services to others via your service unless you have written permission from PTSG. Examples of prohibited use include but are not limited to running servers for mail, http, ftp, irc, wifi, dhcp, and multi-user interactive forums. If such services are provided without the express permission of PTSG, your account will be suspended until both parties reach written resolution.

EMAIL SERVICES

PTSG has the right to regulate any and all email that passes through the PTSG Mail Servers. If a host or user has spammed or otherwise inappropriately accessed PTSG's email servers, PTSG has the right at their sole discretion to block said host or user from the email services on PTSG's Server. PTSG will only reinstate the said host or user at PTSG's discretion.

PTSG has the right to limit any email message that would intentionally or unintentionally tie up or stall our email servers, including, but not limited to, mailing list messages, Spam mail, large attachments or any email message containing a virus.

PTSG has the right to delete any read or non read email from its email servers after a period of 90 days.

PTSG has the right to terminate service if the subscriber is found to be using PTSG mail servers for SPAM mail, or if the user has intentionally or unintentionally transmitted a virus through PTSG email server.

PTSG is not liable for any lost, delayed, or mis-directed email.

PTSG is not responsible for forwarding email sent to any account that has been suspended or terminated. Such email will be returned to sender, ignored, deleted, or stored temporarily. PTSG assumes no responsibility for the timeliness, mis-delivery, deletion, or failure to store any message.

MONITORING OF THE SERVICE

PTSG shall have the right but not the obligation to monitor the Service. However, by your use and access of the Service, you agree that PTSG has the right to monitor the Service electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. PTSG will not intentionally monitor or disclose any private electronic-mail message unless required by law. PTSG reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement.

SUBSCRIPTIONS AND PAYMENT FOR SERVICE

PTSG requires that it's subscription agreements are made with a person qualified to contract. As such, a Subscriber must be over the age of eighteen (18) years. Otherwise, a parent or guardian must accept this agreement and make proper payment.

Timely payment of your subscription fee is required to maintain access to the Service. Payment is due by due date on invoice. If payment is not received by 30 days after the invoice date, access to the Service will be suspended. A reinstatement fee of $20 will be charged to current balance on account and the account must be paid in full for reinstatement of service.

This will apply to any reconnection of service due to late payment disconnection and/or voluntary disconnection of the service.

FAILURE TO COMPLY WITH TERMS AND CONDITIONS

PTSG may deny you access to all or part of the Service without notice if you engage in any conduct or activities that PTSG in its sole discretion believes violates any of the terms and conditions in this Agreement.

INDEMNIFICATION

You agree to defend, indemnify and hold PTSG and its affiliates harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any violation of this Agreement by you or authorized users of your account, or in connection with the use of the Service or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by you or authorized users of your account.

MISCELLANEOUS
As part of the installation, system files on your computer will be modified. Neither PTSG nor its providers represents that such modifications will not disrupt the normal operations of your computer. PTSG strongly recommends that you back up all files prior to installation of service. If you do not back up all existing files, then you understand and accept the associated risks of such a decision such as loss of files, software, or data.

The risk of “eavesdropping” exists on the internet as well as other services to which access is provided. This means other persons may be able to access and/or monitor your computer, transmissions, and receptions. Because of this risk, any sensitive or confidential information sent by you is sent at your sole risk and neither PTSG or its underlying providers shall have any liability for any claims, losses, actions, damages, suits, or proceedings arising out of such actions by you.

PTSG reserves the right to change the rates and otherwise modify this agreement upon 15 days notice to you. Use of your PTSG account after the effective date constitutes acceptance of the new terms and conditions.

PTSG provides free technical support on your internet connection as part of its service. Should your internet connection stop working or not work consistently, a technician should be contacted via phone at 526-2488. If the technician is not able to assist you via phone, the computer system should be brought into our Sterling office for technical evaluation. If the technician is not able to complete the internet connection repair, he will advise you what further steps to take. PTSG is not responsible for any repair charges incurred. For our wireless accounts, we will do free labor for on site connection support if PTSG performed the install. All equipment replacement costs will be your responsibility. If we did not do the install, we will charge a fee for on site support.

In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.

PTSG 's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.

These terms and conditions reflect the entire agreement of the parties and supercedes all prior oral and written agreements and understandings of the parties.

This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflicts of law provisions. Any cause of action you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

This Agreement constitutes the entire agreement between you, the Subscriber, and Power Technology Solutions Group, Inc. with respect to the Service and supersedes any other written or oral agreement.

This is the PTSG Policy on Acceptable Use of the Service.

Please read it carefully as it defines acceptable and unacceptable use of the service and violation of this policy may result in termination of your access to the Service.

ACCEPTABLE USE

PTSG 's services (Service) are provided to you (Subscriber) for the communication and exchange of personal, professional, educational, commercial, governmental, and recreational information with other persons on the Service or the Internet.

UNACCEPTABLE USE

You as a subscriber may not use the Service to engage in any activity that violates local, state, federal or international law nor may you engage in activities which are intended to obscure illegal activity.

You may not transmit or distribute materials which are considered illegal to possess or for which the distribution of the materials would violate the legitimate rights of the owner or licensee of such materials or which are considered inconsistent with accepted community standards.

You may not store or distribute any pornographic or otherwise threatening, abusive, libelous, defamatory, obscene, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the U.S. export control laws and regulations.

You may not engage in any actions or distribute any materials which might compromise the integrity of the Service or the Internet.

You may not engage in any activity which might compromise the confidentiality of electronic mail or any other information not intended for general distribution.

You may not use the Service to harass any other person using the Service or accessible through the Internet.

You may not provide your password to others.

You may not attempt to gain unauthorized access to or tamper with any part of our Service or the accounts or computing systems of others.

You may not store or distribute illegal copies of commercial software.

Violation of the PTSG 's Acceptable Use Policy may result in immediate account termination.

YOUR USE OF THE SERVICE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO THIS POLICY STATEMENT.

PTSG reserves the right to determine which specific practices are considered acceptable and which are in violation of generally acceptable use of the Service and the Internet and PTSG may change this policy from time to time as needed.

PTSG reserves the right to terminate service outside of any violations with a two (2) week written notice.

A signed copy of this agreement must be on file with PTSG before account activation.

I understand and will abide by the above terms and conditions for this agreement.

The undersigned do hereby agree to abide by conditions as stated in this agreement. This guarantee shall be a continuing guarantee of all such future credits given by licensee. All accounts must be paid to zero balance prior to termination of this guarantee. In the event any action is required to be brought to enforce any provision of this agreement, the prevailing party shall be entitled to recover attorneys’ fees that such party has incurred in connection with such action and interest at the prevailing legal limit.

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