TERMS AND CONDITIONS
RetailSignShops.com operates its free Web-hosting services for the promotion of its participants and advertisers' businesses and for the betterment of the sign industry, the World Wide Web and the Internet. If you elect to use the RetailSignShops.com free web hosting services, RetailSignShops.com gives you free web space to create a web site for your business or organization thanks to the sponsorship of our advertisers. Upon registration, RetailSignShops.com will provide the following:
ˇ 5 MB storage ˇ FTP Access ˇ CGI/BIN ˇ Unlimited hits ˇ Daily tape backup ˇ One FREE e-mail account
We will host your domain using non-IP virtual hosting. Non-IP hosting is currently supported by 95% of the browsers in the U.S. (This means that a very small percentage of visitors may not have access to your site).
Each page that you create is required to carry the RetailSignShops.com or SignIndustry.com advertising HTML in accordance with the guidelines found in the Acceptable Use Policy, and is subject to change.
This service is provided exclusively for retail sign shops. RetailSignShops.com does not provide free hosting services for personal home pages or other types of business. If you post a personal home page, your site will be removed. We verify all sites! By utilizing this service, you agree to receive a copy of the RetailSignShops.com bi-monthly newsletter, as well as other special RetailSignShops.com offers that may arise from time to time.
What You Get! When you sign up for RetailSignShops.com's free web hosting you get a great resource for exposing your company to potential customers, support from web hosting experts, access to RetailSignShops.com's "How To Guides", a vehicle for networking with others in your industry, and much more. All of this for FREE!
In addition, after signing up, you will receive entry into our private Message Board where you can post questions about your web site and receive advice from our web developing experts. They will assist you with the basics of your site and offer advice to help you achieve success. You can also hire one of our web page design experts to create the best possible design to attract your customers.
RetailSignShops.com Membership Conduct Guidelines
a) Any use of copyrighted, trademarked, patented or service marked material without the express permission of the author or owner, the commission of any acts of copyright, trademark, patent, trade secret or other intellectual property infringement, or contributing to, inducing, or facilitating such infringement is prohibited. This prohibition shall include, without limitation, the following forms of software piracy:
1. Making available copyrighted software which has been "cracked". For example, the removal of the copyright protection from the software; 2. Making available serial numbers for software that can be used to illegally validate or register software; 3. Making available tools that can be used for no purpose other than for "cracking" of software (this does not include tools that have legitimate uses for software developers, system administrators, etc.); 4. Making available any software files for which the user does not own the copyright or have the legal right to make available.b) Material concerning any software, information or other material that contains a virus corrupted data or any other harmful or damaging component.
c) Material that exploits the images of children under 18 years of age, or that discloses personal identifying information belonging to children under 18 years of age. RetailSignShops.com reserves the right to report violations of this provision to, and will cooperate with, law enforcement authorities.
d) Material that is, in RetailSignShops.com's view, grossly offensive to the RetailSignShops.com community including, but not limited to, clear expressions of bigotry, racism, or other hate speech, or threats of violence.
e) Pages that promote illegal activity and any promotion of or provision of instructions for illegal activity.
f) Material that defames, abuses, or threatens others or is libelous.
g) Material that is invasive of privacy or publicity rights, including posting another person's private information.
h) Material that
i) Use of a Member Web Page as storage for remote loading, or as a door or signpost to another home page.
j) Creation of a Member Web Page that contains hyperlinks to content not permitted on RetailSignShops.com.
k) Transmission of unsolicited advertising, promotional materials or other forms of solicitation via email or news groups that lists a Member Web Page.
l) Developments of Member Web Pages that restrict access to pages through the use of password protection or other means, other than through services provided by RetailSignShops.com.
m) Misrepresentation of your identity or impersonation of any person including, but not limited to, employees of RetailSignShops.com.
n) Use of RetailSignShops.com for the purpose of gathering personal identifying information from individuals for commercial or unlawful purposes.
o) Acting in a manner that disrupts the flow of normal conversation in a chat room including, but not limited to, the harassment of other members, the excessive use of vulgarity, or the use of hate speech.
p) Conduct that is deemed by RetailSignShops.com, in its sole and absolute discretion, harmful to RetailSignShops.com, any third party content provider, or other individuals.
q) Materials regarding or links to any raffle, contest or game requiring payment of a fee by participants.
r) If there is no activity related to a Member Web Page for ninety days.
s) Any use of a Member Web Page in connection with "spamming" or the sending of unsolicited messages.
t) The sale of any harmful, illegal, dangerous, obscene, pornographic, or indecent products or services, or products or services the sale of which is prohibited by any applicable law or regulation
u) The use of MP3 files. (These are not allowed to be stored on our server because of widespread abuse of copyrighted materials)
v) File transfers are limited to 20MB.
All judgments concerning the application of these guidelines are made at the sole and absolute discretion of RetailSignShops.com.
If, in its sole discretion, RetailSignShops.com determines that law enforcement officials or other necessary persons should be notified regarding any Member Web Page, RetailSignShops.com will provide copies of the Member Web Page in question to the appropriate officials without notice to the user. RetailSignShops.com will cooperate with all law enforcement efforts to locate persons who have posted Member Web Pages that are illegal or that promote illegal conduct. This may result in RetailSignShops.com disclosing to law enforcement officials or other necessary persons user information and Internet protocol addresses pursuant to valid legal process (such as a court order, subpoena or search warrant), in circumstances where RetailSignShops.com, in its sole discretion, deems appropriate at the request of law enforcement officials, or to protect the personal safety of our users or the public.
Acceptable Use Policy
Affronts to Etiquette. Unacceptable activities include spamming (sending unsolicited advertising to those with which the customer has no existing business relationship, posting off-topic advertising in newsgroups); spoofing (using a return email address which is not the valid reply address of the sender or sending an email message which does not contain enough information to enable the recipient to identify the party who is really sending the message; passive spamming (promoting a web site hosted by RetailSignShops.com by spamming from some other source), trolling (posting controversial messages in newsgroups to generate responses), mailbombing (inundating a user with email without any serious intent to correspond), generating a higher volume of outgoing mail than a normal user (over 10% of available system resources), and subscribing someone else to an electronic mailing list without that person's permission. A message is considered unsolicited if it is posted in violation of a newsgroup charter or sent to a recipient who has not requested the message. Making an email address available to the public does not constitute a request to receive messages. Distribution of mass emailing programs is also prohibited. All recipients on a mailing list must have personally subscribed. Mailing lists may not be used to distribute unsolicited email. Any customer repeatedly "mailbombed" or that attracts such behavior will be asked to leave. If you are not sure if your actions will be in violation, please ask first (email@example.com)
Age. The client must be 18 years of age to obtain our service.
Abuse of the legal rights of others. Examples of unacceptable activities in this regard include posting private information about a person without their consent, infringing intellectual property rights, defaming a person or business, and knowingly making available code which will have a deleterious effect on third party computers. RetailSignShop.com supports free speech on the Internet, and will not suspend or cancel a customer's account simply because it disagrees with the views expressed by the customer. Where there are allegations that a customer's on-line activity has violated the legal rights of a third party, RetailSignShop.com will not substitute itself for a court of law in deciding tort claims raised by the third party.
Abuse of the law. RetailSignShops.com's services may be used for lawful purposes only. Illegality includes but is not limited to: drug dealing; attempting without authorization to access a computer system; pirating (distributing copyrighted material in violation of copyright law, specifically MP3s, MPEG's, ROMs, and ROM emulators); gambling; schemes to defraud; trafficking in obscene material; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person; threatening bodily harm or damage to individuals or groups; violating U.S. export restrictions; stalking; or violating other state or federal law such as the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, or the Economic Espionage Act. Linking to illegal material is also prohibited. RetailSignShop.com reserves the right to check system files, email, and other data on our servers for illegal content and materials or for any other reasons deemed necessary.
Pornography. Pornography and sex-related merchandising, or links to such material, even if legal, is not an acceptable use of RetailSignShop.com's servers.
Abuse of RetailSignShops.com's Server Resources. Running programs in the background on a RetailSignShops.com's server without RetailSignShops.com's prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, and the like are not acceptable uses of RetailSignShops.com's servers. Further, any usage of ten percent (10%) or more of our system resources is an undue burden on our system and is unacceptable. If your usage ever exceeds ten percent (10%) of system resources, your account may be terminated immediately and without prior notice. In addition any domain that exceeds ten gigabytes of bandwidth traffic can be terminated without prior notice. RetailSignShops.com can set an additional domain name to be pointed to your site's IP address for a one time $10 setup fee. Usage of scripts or other utilities to direct pointed domain names to subdirectories is not permitted and is grounds for termination of the account.
Hacking/Cracking. RetailSignShops.com reserves the right to report illegal activities to any and all regulatory, administrative, and/or governmental authorities for prosecution. The following examples of unacceptable behavior are non-exclusive, and are provided for guidance purposes. If you are unsure if your actions will be a violation of our policies please ask firstname.lastname@example.org Server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network Attempt to circumvent any user authentication or security of host, network, or account. Accessing data not intended for user. Probing the security of any network. Spawning dozens of processes. Port scans, ping floods, packet spoofing, forging router information, Denial of Service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land, teardrop. Promulgation of viruses. IRC bots such as eggdrop or BitchX. Any activity, whether or not the intrusion results in the corruption or loss of data, will be investigated and proper action taken. The presence of any of these programs, whether or not run, will result in action against the user including suspension or termination.
Client Responsibility. The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password. The client assumes responsibility for all material on their site that may be put on by a third party (such as the usage of Free For All links pages). Use of RetailSignShops.com's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the client. The following examples are offered: Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability. CGI-Scripts: requires knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc. Mail: a use of mail clients to receive and send mail, etc. The client agrees that he or she has the necessary knowledge to create and maintain their web space. Client agrees that it is not the responsibility of RetailSignShops.com to provide this knowledge or support outside matter specific to RetailSignShops.com's servers. Any support shall be performed on a "pay as you go" basis, at a rate of $75.00 per hour.
Backups. Full backups are made weekly, and backups of new/changed data made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients' responsibility to maintain local copies of their web content any information. If loss of data occurs due to an error of RetailSignShops.com, RetailSignShops.com will attempt to recover the data for no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, RetailSignShop.com will attempt to recover the data from the most recent archive for a $50.00 fee.
IP numbers. RetailSignShops.com maintains control and any ownership of any and all I.P. numbers and addresses that may be assigned to the client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses. All virtually hosted sites will be instituted via named virtual domain and thus no specific IP will be assigned for a virtually hosted site.
Reporting a Violation of these Terms of Service
It is the policy of RetailSignShops.com to respond expeditiously to claims of intellectual property infringement. RetailSignShops.com will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, RetailSignShops.com will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. RetailSignShops.com will terminate access for subscribers and account holders who are repeat infringers. Notices of claimed infringement should be directed to:
Registered Copyright Agent
Please put "Notice of Infringement" in the subject line of all such notifications.
When RetailSignShops.com removes or disables access to any material claimed to be infringing, RetailSignShops.com may attempt to contact the user who has posted such material in order to give that user an opportunity to respond to the notification, although RetailSignShops.com makes no promise to do so. Any and all counter notifications submitted by the user will be furnished to the complaining party. RetailSignShops.com will give the complaining party an opportunity to seek judicial relief in accordance with the DMCA before RetailSignShops.com replaces or restores access to any material as a result of any counter notification.
If RetailSignShops.com becomes aware of the presence of material on its server that violates any other right of any party, either in the course of its ordinary and reasonable business activities, or through notification by a third party who alerts RetailSignShops.com, preferably by certified mail, of the specific location of the alleged presence of such materials, RetailSignShops.com will contact the member responsible for the material and alert him or her of the allegations and notify the person that within five days he or she must respond as to why the material does not violate the rights in question. RetailSignShops.com also will alert the Member that, absent such a response, RetailSignShops.com reserves the right to delete the Member Web Page; and, if the member fails to respond within five days, RetailSignShops.com will make a decision whether to remove the Member Web Page. In all cases, if in its sole and absolute discretion, RetailSignShops.com concludes that one of the Member Web Pages violates the rights of any other party, RetailSignShops.com reserves the right to delete the offending Member Web Page at any time without prior notice.
If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact Sean Scott email@example.com LIABILITY LIMITATION
YOU AGREE THAT ALL ACCESS AND USE OF RETAILSIGNSHOPS.COM AND THE CONTENT THEREOF IS AT YOUR OWN RISK. IN NO EVENT SHALL RETAILSIGNSHOPS.COM BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE RETAILSIGNSHOPS.COM AND/OR ITS CONTENT, OR ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEB SITE, SITE-RELATED SERVICES, PRODUCTS, AND/OR CONTENT CONTAINED WITHIN THE WEB SITE IS TO STOP USING RETAILSIGNSHOPS.COM.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL RETAILSIGNSHOPS.COM, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION AND THE LIKE, ARISING FROM THE USE OR INABILITY TO USE THE FREE WEBSITE.
RETAILSIGNSHOPS.COM AND ITS CONTENT ARE PROVIDED "AS IS", WITH NO WARRANTIES WHATSOEVER. ALL REPRESENTATIONS AND/OR WARRANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, WITHOUT PARTICULAR LIMITATION TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. ALL MEMBERS ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCT AND/OR SERVICE AVAILABLE THROUGH RETAILSIGNSHOPS.COM IS PROVIDED SOLELY BY THE OWNER, ADVERTISER, OR MANUFACTURER OF THAT PRODUCT AND/OR SERVICE, AND NOT BY RETAILSIGNSHOPS.COM.