| Terms Of Use - Terms of Service |
| WCS - Wagner Computer Systems |
| Upon signing up for WCS's services, all customers agree to comply with the WCS Terms of Service and acceptable use policies. The reason for this is to ensure that our customers are using WCS's services with due regard to the rights of other Internet users and in conformity with the requirements of WCS's network environment. |
| Illegal Use |
| WCS servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or any other intellectual property rights used without proper authorization; obscene material, defamatory web content or anything that violates export control laws. Examples of unacceptable content or links include: pirated software, hacker programs or archives, Warez sites, MP3, and IRC bots. |
| Security |
| Violations of system or network security are prohibited and may result in criminal and / or civil liability. Examples include but are not limited to the follow: unauthorized access, use, prob, or scan of systems security or authentication measures, data, or traffic; interference with service to any user, host, or network include, without limitation, mail bomb, flood, deliberate attempts to overload a system, broadcast attacks; forg of any TCP-IP packet header or any part of the header information in an email or a newsgroup post. |
| Server Resources |
| Any client that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce resources used to an acceptable level or upgrade their service to a Dedicated Server plan. WCS shall be the sole arbiter that decides what is considered to be a high server usage level. |
| Any web hosting account deemed to be adversely affecting server performance or network integrity will be shut down without any prior notice given. |
| CGI Scripts |
| CGI script sharing with domains not hosted by WCS is not permitted. Any CGI-scripts deemed to be adversely affecting server performance or network integrity will be shut down without prior notice. If the problem continues client's account will be closed permanently. |
| Chat Rooms |
| WCS does not allow customers to install their own chat rooms. Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option. However, for a small charge, WCS provides Java chat rooms that will meet most basic user needs and run without hindering system performance. |
| IRC |
| WCS does not allow IRC or IRC bots to be operated on our servers. |
| UCE (Unsolicited Commerce Email) - SPAM |
| Spam, the sending of unsolicited mass email from or through a WCS server, use of an email address that is maintained on a WCS machine is STRICTLY prohibited. WCS will be the sole arbiter as to what constitutes a violation of this provision. Customers are also in violation of this provision if they engage in spam by using the service of another ISP or IPP, but reference in the spam to a web site hosted on a WCS server. |
| Server Abuse |
| Any attempts to undermine or cause harm to a WCS server or customer are strictly prohibited. Clients in violation of this will have their account emediately and permanently closed. If such problems persist legal actions will be taken to protect WCS and it's clients. |
| Software Distribution |
| WCS shared web host accounts are not configured for the purposes of such things as software distribution and or multimedia products. If you wish to distribute software and or multimedia files, please contact us to make special arrangements. |
| Copyright Violations |
| The Digital Millennium Copyright Act ("DMCA") sets forth the requirements for valid copyright infrement notification. If you would like to notify WCS of an infrement of your copyright, the DMCA requires that you: |
| Send your notification to the WCS designated agent shown below to following the correct avenue for this notification: Email all information to sales@wagner-cs.com. |
| Include in your notification the follow information: A physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner behalf (the "Claimant"). Identification of the copyrighted work(s) claimed to have been infred. Identification of the material claimed to infre the copyright(s), and enough information for WCS to locate it. The Claimant name, address, and telephone number(s). A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent. A statement, under penalty of perjury, that the information in the notification of copyright infrement is accurate and that the Claimant is authorized to act on behalf of the copyright owner. |
| Actions Taken by WCS |
| The failure by a customer to meet or follow any of the above Terms of Use is grounds for account deactivation. WCS will be the sole arbiter as to what constitutes a violation of the Terms of Use. WCS reserves the right to remove any account without prior notice. |
| When WCS becomes aware of an alleged violation of its Terms of Use, WCS will initiate an investigation. Dur the investigation, WCS may restrict a customer access in order to prevent further potentially unauthorized activity. Depend on the severity of the violation, WCS may, at its sole discretion, restrict, suspend, or terminate a customer web host account and/or pursue other civil remedies. If such violation is a criminal offense, WCS will notify the appropriate law enforcement authorities of such violations. |
| WCS does not issue credits for outages incurred through service disablement result from Terms of Use violations. |
| WCS customers agree to indemnify and hold harmless WCS from any claims result from the use of our services that damages them or any other party. |
| The WCS service is provided on an as is, as available basis without warranties of any kind, either express or implied, included, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infrement. |
| WCS expressly disclaims any representation or warranty that the WCS service will be error-free, secure or uninterrupted. |
| No oral advice or written information given by WCS, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. |
| WCS and its partners and suppliers will not be liable for any cost or damage aris either directly or indirectly from any transaction or use of the service. |
| Modification |
| WCS reserves the right to add, delete, or modify any provision of its Terms of Use at any time without notice |
| PRKWagner Owner- WCS - Wagner Computer Services |