Vivid Internet Production Company's General Policy and Guideline
Account terms and conditions of Vivid Internet Production are as following:
1. The subscriber (client) agreement states the terms, conditions, and responsibility of both Vivid Internet Production and its subscribers. By using Vivid Internet Production's services, the subscriber agrees to the stated terms and conditions of this contract.
2. Vivid Internet Production's service is for personal and private use only. Use of VIP's service without a written statement expressing the account's primary usage, and obtaining an agreement with Vivid Internet Production, the client agrees not to share account information and/or access Vivid Internet Production's network and computer system with out side parties. Any indication of a client's loaning his/her account access privileges to a third party is treated as a theft of service, and will be subject to immediate termination of his/her account. Violators will be subject to any and all penalties under civil and criminal law.
3. The client agrees to indemnify and hold Vivid Internet Production harmless from any claims resulting from the client's usage of Vivid Internet Production's service. Examples of claims can be as results from the client's usage of his/her account to violate the security of any computer networks, cracking passwords or security encryption codes, transferring or storing illegal materials including those that are deemed threatening or obscene, or any other kinds of illegal activities. The client further agrees and understands that the security of the account is the client's sole responsibility, and all usage of this account will be considered to be undertaken by the client. If a client believes an unauthorized intrusion has occurred in his/her account, the client agrees to notify Vivid Internet Production immediately. However, Vivid Internet Production is not to be held liable under any conditions for any losses resulted from any unauthorized accesses in the client's account.
4. The client agrees and understands that no warranty or refund is given to the client due to damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay of operation/transmission, communication line failure, theft or destruction of, or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous behavior, negligence, or under any other causes of action. Any damages shall be strictly limited to the amount paid by or on behalf of the client's to Vivid Internet Production for the current month. Furthermore, Vivid Internet Production explicitly disclaims any warranty of merchantability or fitness for a particular purpose.
5. Vivid Internet Production reserves the right to monitor all account communications, and to suspend activity of any accounts for any reasons, including without limitation to the investigation of policy or agreement violations, inappropriate use, use of excessive system or network resources, or nonpayment of service fees. In addition, Vivid Internet Productions reserves the right to disconnect users who are idle or have been connected for an exorbitant amount of time. Users will be disconnected after approximately 20 minutes of inactivity or after approximately 6 hours of continual use with a maximum of 150 hours of usage. These parameters may be changed at any time upon Vivid Internet Productions' discretion.
6. The client agrees and understands Vivid Internet Product service is not to be considered as a secured means of communication, and that no insurance of privacy is afforded under either state or federal law.
7. The client is responsible for any and all fixed and accumulative charges for his/her account. The non-refundable account setup fee and the client's first month service fee will be charge to the client's account immediately on the date of the signed contract. Each pay period after the first payment, the client's account will be charged for the access fee on the 15th or the 30th of that pay period. If the method of payment for the client's account is through check, each returned check is subject to a charge of $30.00. There will be a 5-days grace period for payment, and a $15 late charge after the grace period. There will be a 45-days notice to any changes in the pricing of Vivid Internet Production service by e-mails to all clients of Vivid Internet Production. The client is required to give a 30-days written cancellation notice of this agreement. This notice must be written, signed, and mailed. No refund will be given after half of the access period has been used.
8. Vivid Internet Production is not responsible to provide for any hardware, peripherals, and software necessary to support any particular accounts and configurations. However, Vivid Internet Production will provide free phone support for most technical issues relating to the setup of the client's account and for technical issues that may arise over the lifetime of the account. Vivid Internet Production reserves the right to determine the extent to which it will work with any clients.
9. Vivid Internet Production requires its clients to be at least 18 years of age. An approval and a signed contract from parent(s) or guardian(s) are required for underage clients. Vivid Internet Production will not accept payment from a minor. If the client is the parent(s) or the guardian(s) of a minor who is requesting access to Vivid Internet Production's service, the parent or guardian must agree to, and accept the terms and conditions of this contract as described above. The parent(s) or guardian(s) agrees to be responsible for any violation of terms and conditions by the minor stated on this contract, and will be held responsible for any material breach or default of this contract, to the full extent of the law.
10. The client is required to provide Vivid Internet Production with a valid postal address and/or primary legal residence. The client agrees to notify Vivid Internet Production in case of a change of mailing address or of residence. Vivid Internet Production reserves the right to use this information for internal and external purposes; such as keeping the client updated of new information, products offer by Vivid Internet Production, and other associated businesses.
11. The client MUST follow the System Usage Policy when On-line with Vivid Internet Production.
12. To combat problems with SPAMS and to manage Vividnet's email service efficiently, Vividnet will implement the following restriction on email storage on Vividnet's email server: Any persons who's email box has stored over 75MB will receive a warning that if after 7 days, mailbox size does not fall below 50MB, their email box will be blocked. Furthermore, any email boxes that have not been checked after 3 months will have its content deleted. To avoid your email box block, please download your emails to your computer or delete all your unnecessary emails on the server.
13. Vivid Internet Production reserves the right to change any or all terms and conditions of System Usage Policy by notification through the client's e-mail account. It is the client's responsibility to read his/her e-mail to be aware of any changes of terms and condition on his/her contract.
***Vivid Internet Production specifically prohibits the following actions:
- Any prohibited activities previously stated in this contract.
- Connection to another machine without having proper access privileges. Any attempts to log into sites that's not permitted may constitutes a violation of state or federal law.
- Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited. A user shall not use another site's mail server to relay mail without the express permission of the site.
- Using the Vivid Internet Production's FTP service to transfer unauthorized/illegal files, or access hosts that do not permit anonymous transfers.
- Any action and/or attempts to flood the network or compromise the security and/or the integrity of sites, and equipment connected directly or indirectly to the Internet. Any willful attempts to cause traffic levels to rise without reasons or for unlawful purposes.
***To the conditions permitted by law, Vivid Internet Production will cooperate fully in any investigations requested by parties alleged to have been impacted by the clients' behavior while using the resources of Vivid Internet Production. Vivid Internet Production also reserves the right to turn over evidences of any illegal activities that are discovered in these investigations to the appropriate authorities.