All access and use of the services available through our internet servers, dial-up networks, and our web sites (collectively, the "Services") are subject to the following terms and conditions. By using the Services, you are agreeing to these terms and conditions.
We encourage you to exercise discretion while browsing the internet through our Services. Photon.Net makes no representations concerning any effort to review the content of data being distributed through our server by other people using our Service. Consequently, Photon.Net is not and cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in e-mails passing through our servers or other web sites linked to the Photon.Net site.
The Services are provided "as is" with NO warranties. All express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, are expressly disclaimed to the fullest extent permitted by law.
Limitation of Liability
Under no circumstances shall Photon.Net be liable to any user on account of that user's use of our Services. Photon.Net shall not be liable for any damage arising from any event that is out of its control. Photon.Net shall not be liable for direct or indirect, special, incidental, exemplary, consequential, or any other form of money damages, including, but not limited to, lost profits or the loss of data or information of any kind, however caused, and arising out of or in connection with the performance or the providing of services by Photon.Net, whether based in contract, tort, or any other legal theory, and whether or not Photon.Net or the operators of any attached networks have been made aware of the possibility of such damages.
Photon.Net will take all diligent efforts to make network services available. However, Photon.Net shall not be responsible for any events or circumstances beyond its control which limit such availability, including, but not limited to, electrical, telephone, or telecommunications failures or interruptions and scheduled or unscheduled maintenance.
Photon.Net exercises no control whatsoever over the content of the information passing through our internet servers, except in cases where we are made aware of a user who has violated our rules and regulations for server usage.
Photon.Net will make reasonable efforts to protect the integrity of the data stored on our servers, using accepted industry standards of internet security and network administration. Photon.Net will not be responsible for any loss or damages from delays, non-deliveries or service interruptions, including those caused by errors or omissions. The individual and/or the organization is solely responsible for (a) the accuracy and/or quality of the information obtained or data transmitted, and (b) assuring that each message sent has been received.
Photon.Net does not guarantee the backup of your data stored on our servers. Photon.Net may maintain backups for internal use by Photon.Net only. Photon.Net recommends that you keep your own backups of all your critical data.
Photon.Net shall not be liable for any damage arising from any event that is out of its control. Photon.Net shall not be liable for direct or indirect, special, incidental, exemplary, consequential, or any other form of money damages, including, but not limited to, lost profits or the loss of data or information of any kind, however caused, and arising out of or in connection with the performance or the providing of services by Photon.Net, whether based in contract, tort, or any other legal theory, and whether or not Photon.Net or the operators of any attached networks have been made aware of the possibility of such damages. In no event shall the liability of Photon.Net exceed a refund of the amounts actually paid to Photon.Net for the then-current service period.
Acceptable Use:
Photon.Net's services may only be used for lawful purposes. You agree that Photon.Net may, without refund, limit or discontinue access to your account or terminate your account at any time in the event you violate or fail to observe our terms and conditions of service. Photon.Net reserves the right to modify or amend such terms and conditions in the future from time to time. You agree to the privacy of other users and organizations; for example, users shall not intentionally seek information on, obtain copies or modify files, other data or passwords belonging to other users, or represent themselves as another user unless explicitly authorized to do so by that user. You agree to hold Photon.Net harmless from any claims resulting from your use of the service which damages you or another party.
Use of the internet for lawful commercial purposes is both permitted and encouraged. Service is provided for your organization only. Resale or the use of the service by another organization is prohibited unless you have a specific reseller agreement in writing from Photon.Net. In order to use Photon.Net's services or any other networks which are used as a result of their Photon.Net connections, all individuals or organizations connected to our internet servers must comply with this policy and the rules of the stated purpose and acceptable use policies of any other networks or hosts used.
"Spam" (Unsolicited Commercial E-mail) is not allowed in any way. Anybody caught sending spam to or from an e-mail account hosted by Photon.Net will be reported to various anti-spam organizations and, if applicable, legal action will be taken.
Photon.Net may, at any time, make determinations that particular uses are not consistent with Photon.Net's acceptable use policy. Photon.Net's acceptable use policy is, at a minimum, to include:
(1) To respect the legal protections provided by copyright and license to programs and data.
(2) To respect the integrity of computing systems; for example, users shall not intentionally develop programs that harass other users or infiltrate a computer or computing system and/or damage or alter the software components of a computer or computing system.
(3) Malicious use is not acceptable. Use should be consistent with guiding ethical statements and accepted community standards. Photon.Net's network may not be used in ways that violate applicable laws or regulations. Use of Photon.Net's network and any attached network in a manner that precludes or significantly hampers its use by others is not allowed.
You shall hold Photon.Net harmless from and against any and all losses, liabilities, damages, claims, judgments, costs, and expenses (including reasonable attorneys' fees) incurred in connection with any claim against Photon.Net by a third party which may arise from, or as a result of, your use of Photon.Net's internet server, including, but not limited to, any claims of copyright or trademark infringement.
When Photon.Net learns of possible inappropriate use, Photon.Net's staff will notify the individual or organization responsible, which must take immediate remedial action and inform Photon.Net of its actions. Photon.Net reserves the right to disconnect your internet services. If this is deemed necessary by Photon.Net staff, efforts will be made to inform you prior to discontinuing such service, and efforts will be made to reestablish your connection as soon as it is mutually agreed upon.
Authorities and Permissions; Consumer Credit:
You hereby affirm that all information submitted to our servers for e-mail or web distribution does not infringe upon any copyright, trademark, patent, statutory or common law or proprietary rights of others. You hereby affirm that all information submitted to our servers does not contain anything deemed to be obscene or libelous. Further, you indemnify Photon.Net with respect to any damages, loss or legal expense which might result from the hosting or distribution of any materials provided on your web site.
Modification of Services:
Photon.Net reserves the right to change, without notice, all services, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation and services offered. Photon.Net offers a good faith assurance that such service changes will not be made except to improve Photon.Net's level of service.
Photon.Net may modify the terms and conditions hereof. Your use of Photon.Net resources after such notice shall constitute your acceptance of the modifications of this Agreement.
Miscellaneous:
If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall nonetheless remain in full force and effect.
This Agreement shall be governed by the laws of the State of Michigan.