We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
FOTO-GRAPHIX is also a Web Presence Provider. User accounts on our Internet servers are subject to compliance with the terms and conditions set forth below. Under the terms of this agreement, your placement of information on FOTO-GRAPHIX servers is an acknowledgement that you have read and understood this agreement, and that you agree to be bound by the terms and conditions below. FOTO-GRAPHIX reserves the right to changes terms, conditions, and policies without notice at any time. If you do not wish to be bound by these terms and conditions, you should not proceed to place any information of any kind on FOTO-GRAPHIX servers.
1. USER CONDUCT
FOTO-GRAPHIX services may only be used for lawful purposes. Any use of these services which violates any local, state, federal, or international laws which may apply to FOTO-GRAPHIX, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited.
While using the service, you may not:
You agree to indemnify, defend, and hold harmless FOTO-GRAPHIX from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from use of our services which damages either you, FOTO-GRAPHIX, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and any and all Web site content.
3. REFUSAL OR DISCONTINUANCE OF SERVICE
FOTO-GRAPHIX reserves the right to refuse or discontinue service to anyone at FOTO-GRAPHIX sole discretion. FOTO-GRAPHIX may deny you access to all or part of the service without notice if you engage in any conduct or activities that FOTO-GRAPHIX in its sole discretion believes violates any of the terms and conditions in this agreement. FOTO-GRAPHIX shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that FOTO-GRAPHIX has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. FOTO-GRAPHIX 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.
4. NO WARRANTIES
FOTO-GRAPHIX makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either expressed or implied, including but not limited to warranties of title, noninfringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by FOTO-GRAPHIX or its agents or employees shall create a warranty. FOTO-GRAPHIX provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall FOTO-GRAPHIX be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. FOTO-GRAPHIX IS NOT RESPONSIBLE FOR DATA LOSS IN THE EVENT OF SYSTEM FAILURE. IT IS YOUR RESPONSIBILITY TO BACK-UP YOUR WEBSITE DATA, UNLESS YOU ARE PAYING FOTO-GRAPHIX ADDITIONAL MONTHLY FEES TO DO SO. If you are dissatisfied with FOTO-GRAPHIX service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.
You understand that by placing information on FOTO-GRAPHIX servers that such information becomes available to all Internet users and that FOTO-GRAPHIX has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of FOTO-GRAPHIX servers and the Internet. 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 FOTO-GRAPHIX or on the Internet generally.
5. ECPA NOTICE
FOTO-GRAPHIX reserves the right to monitor any and all communications through or with our facilities. You agree that FOTO-GRAPHIX is not considered a "secure communications medium" for the purposes of the ECPA, and that no expectation of privacy is afforded.
6. IDENTIFICATION INFORMATION
You agree that you as the person legally responsible for use of this account, are at least 18 years of age. You agree to supply FOTO-GRAPHIX with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us and agree that we have an obligation to fully investigate any possible fraudulent credit card use.
7. NO INTERFERENCE WITH OPERATION OF SYSTEM
You agree not to maliciously or intentionally interfere with the proper operation of the system, including but not limited to defeating identification procedures, obtaining access beyond that which you are authorized for, and impairing the availability, reliability, or quality of service for other customers. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to follow the Acceptable Use Policy of any network or service you connect to.
You agree to adhere to system policies as published online by FOTO-GRAPHIX, including restrictions on services available with each account type, restrictions on certain features, and all other policies designed to protect and enhance the quality and reliability of service at FOTO-GRAPHIX. You agree to abide by any and all future FOTO-GRAPHIX policy decisions.
You agree that the security of your account is solely your own responsibility. You further agree that if you believe the security of your account has been compromised in any way, you will notify FOTO-GRAPHIX immediately by telephone at 845-615-1436 and in writing by registered mail return receipt requested to FOTO-GRAPHIX, 3201 Route 207, Campbell Hall NY 10916. You shall be held fully responsible for any misuse or compromise to your account for which FOTO-GRAPHIXis not properly notified. You agree that if any security violations are believed to have occurred in association with your account, FOTO-GRAPHIX has the right to suspend access to the account pending an investigation and resolution. You also agree that FOTO-GRAPHIX has the right to cooperate in any government or legal investigation regarding any aspect of our services, including services sold to you. Any use of our system to engage in software piracy or other violations of law will result in account suspension and be immediately reported to the appropriate authorities.
9. BACKUP OF DATA
Your use of the service is at your sole risk. FOTO-GRAPHIX is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on FOTO-GRAPHIX servers.
10. TRANSMITTAL OF MATERIALS
You agree not to transmit unsolicited or prohibited advertising or other harrassing or illegal materials through electronic mail, Usenet postings, or other Internet media. The use of FOTO-GRAPHIX or any other service with reference to services obtained through FOTO-GRAPHIX, for unsolicited mass mailings, postings, or other activities considered an annoyance to others, commonly referred to as "spamming" is strictly prohibited and may cause your services to be terminated immediately and without warning and you will be held fully responsible for any damages to you, FOTO-GRAPHIX, or any other party or parties resulting from any such conduct.
You agree to supply appropriate payment for the services received from FOTO-GRAPHIX, in advance of the time period during which such services are provided. You agree that all setup fees are non-refundable once setup is completed. You agree that if you are paying by credit card, prepayments will be billed and charged automatically, and that FOTO-GRAPHIX may apply the amount due to the provided card at any time. If you have provided us with a credit card for billing at any time, this information is held in our secure database. If your account becomes past due, we reserve the right to charge card given for delinquent invoices at any time without notice. FOTO-GRAPHIX agrees that pro-rated refunds for unused time periods will be provided upon request, in the event of account termination.
12. WEB/GRAPHIC DESIGN MODIFICATION AND CORRECTION POLICY
Modifications (if your initial proposal indicated as included in your proposed price) or corrections needed to any work completed by FOTO-GRAPHIX must be brought to FOTO-GRAPHIX' attention within 30 days of project completion date. If necessary modifications/corrections are brought to FOTO-GRAPHIX' attention after the 30 day time limit has passed, FOTO-GRAPHIX reserves the right to bill additionally for said modifications/corrections at FOTO-GRAPHIX' current hourly rate.
13. POLICY FOR USE OF EWEB/ESTORE SHARED RESOURCE WEBSITE SYSTEM
FOTO-GRAPHIX' eWeb/eStore system is a shared resource system. By entering into this system, you agree that you DO NOT own or possess in any way, the website template, administrative system, or the databases on which your data is stored. You own only the data that is entered into the system (i.e. your website content). eWeb and eStore are shared resource systems owned by FOTO-GRAPHIX and DYNAMIC PUBLISHING. By paying the monthly fee for use of this system, you agree and are aware that you are merely RENTING this system and it's databases.
14. PRIOR AGREEMENTS
This agreement supersedes any written, electronic, or oral communication you may have had with FOTO-GRAPHIX or any agent or representative thereof, and constitutes the complete and total agreement between the parties.
If any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.
This agreement shall be governed by the laws of the State of New York.
By placing and continuing to maintain or place information FOTO-GRAPHIX's servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.
This is our account service contract. It is fairly standard legalese. Although it may sound harsh, rest assured that we have nothing but good intentions towards you as a customers. Like all of our policies, the contract is designed to maximize the efficiency and quality of our service for all customers.
Please note that the contract cannot be modified.
The transmission of unsolicited or prohibited advertising or other content through electronic mail is forbidden. The use of FOTO-GRAPHIX for unsolicited mass mailings or postings (commonly known as "Spam[TM]") by any customer will cause that customer's services to be terminated immediately and without warning, and the customer will be held legally responsible for the damages to FOTO-GRAPHIX, both monetary and in reputation. The use of any other service to make such a mailing or posting, with any reference to FOTO-GRAPHIX services (including but not limited to mailboxes, autoresponders, and Web pages), shall also be grounds for account termination as described above.
Most of these restrictions are based on our other policies. The restrictions on mail delivery exist for a very simple reason: We run Web servers, not mail servers. Processing large amounts of mail adversely affects Web server performance.
If we find that you are performing bulk mail runs, regardless of whether it is Spam or not, we will have to deactivate your account and investigate. Please send such mailings through your local ISP's mailserver, or any other mailserver which you are authorized to use. Many such mailservers are configured especially to handle an extremely high volume of mail.
We can provide bulk e-mailing services on our "mail" servers inquire.
Adult-oriented sites, designed for entertainment or commercial purposes, are not allowed on FOTO-GRAPHIX servers. Forbidden sites include those that provide access to pornographic materials, whether for free or for payment, regardless of whether adult verification is used or not.
Exceptions are made for educational sites, sites providing only links to other sites, and text materials of an adult nature, although we reserve the right to make further restrictions as necessary.
Our services are tuned for general purpose use. It is in the interest of efficiency and reliability to restrict these sites, in order to provide the best service for the majority of our customers. We have no intent to curb free speech, and strongly support the Blue Ribbon campaign of the Electronic Frontier Foundation.
We can provide unofficial referrals to other servers which will support adult-oriented sites inquire.
Security and Cracking
Use of FOTO-GRAPHIX services to engage in any type of fraud, "cracking", malicious behavior, or harrassment is expressly forbidden. Interference with the proper operation of systems reachable via the Internet is forbidden. Compliance with the acceptable use policies of any network or system with which you connect through our service is required. Forging e-mail, or other messages is forbidden. Trafficking in pirated software is forbidden. Port scanning or the use of similar tools is forbidden.
Use of FOTO-GRAPHIX services to publish or otherwise disseminate information about the availability of pirated software or other material that is being made available illegally, including the publication of a list of links to such material, regardless of disclaimers, is specifically forbidden. We do not condone or encourage any illegal material or behavior.
If inappropriate activity is detected, all accounts of the user in question will be deactivated until the investigation is complete. Prior notification to the user is not assured. In extreme cases, law enforcement will be contacting regarding the activity.
This policy simply requires that you use your accounts responsibly. Breaking into other systems, trying to break into ours, forging messages, swapping games with your friends - all of this is illegal and inappropriate for our userbase of Internet professionals.
Because of the potential legal and technical risks these activities can present to our service, we deactivate first, and ask questions later. This is necessary to protect our service for all customers.