Use Agreement
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PLEASE NOTE the following sites are STRICTLY PROHIBITED. Sites which contain adult content; porn sites or sites linking to adult content; warez, hacker, mp3, and pirated sites; sites which promote bulk email software or spamming; sites that promote illegal activity; sites with content that may be damaging to the servers; spamming is STRICTLY PROHIBITED. Any sites that are brought to our attention because they are spamming will be immediately deleted from the root directory without advanced notice and your money will not be refunded. We reserve the right to remove any account without advanced notice for any reason Jim Hermann sees fit.

Jim Hermann provides web hosting to various clients, and we have a responsibility to protect each client and provide the best services available. The following guidelines have been established to insure this intent is met.

Content:
All services provided by Jim Hermann may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secrets and other statutes. Jim Hermann is not responsible for any claims resulting from the use of our service. The subscriber agrees to indemnify and hold us harmless from any claims resulting from the use of the service which damages the subscriber or any other party. 

Pornography and sex-related merchandising are prohibited on any Jim Hermann server. This includes sites that may infer sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to Jim Hermann servers or any other server on the internet. Links to such materials are prohibited. This also includes, but not limited to pirated software, hacker programs/archives, and Warez sites. Jim Hermann will be the sole arbiter as to what constitutes a violation of these provisions.

Chat Rooms:
We do not allow clients to install their own chat rooms. These tend to be large system hogs and we cannot allow it as an account option. We do provide a choice of Java chat rooms for a small extra charge that will more than fill your needs and run without hindering the performance of the machine for others. 

Background running programs:
Jim Hermann allows programs to run continually in the background. These are considered on a one to one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

CGI Scripts
Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal server operation.

IRC:
We currently DO NOT allow IRC or IRC bots to be operated on our servers.

Commercial Advertising - Email:
Spamming, or the sending of unsolicited email, from a Jim Hermann server or using an email address that is maintained by Jim Hermann is STRICTLY prohibited and will qualify your site for immediate deactivation with no refund. Jim Hermann will be the sole arbiter as to what constitutes a violation of this provision.

Server abuse:
Any attempts to undermine or cause harm to any Jim Hermann server or customer of Jim Hermann is strictly prohibited.

Downtime:
We cannot be held liable for system downtime or crashes. Also, we cannot be held liable for any estimated "profits" a site "predicts" they would have gained if their site was functioning. Jim Hermann holds no responsibility for the use of our clients' accounts. 

Indemnification:
Customer agrees that it shall defend, indemnify, save and hold Jim Hermann harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Jim Hermann, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Jim Hermann against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Jim Hermann server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. 

Refusal of Service:
We reserve the right to refuse or cancel service at our sole discretion. 

Disclaimer:
Jim Hermann will not be responsible for any damages your business may suffer. Jim Hermann makes no warranties of any kind, expressed or implied for services we provide. Jim Hermann disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, and any and all service interruptions caused by Jim Hermann and its employees. Jim Hermann reserves the right to change or update policies without notice. If any terms or conditions are failed to be followed the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason Jim Hermann sees fit. 

Copyright 2001, Jim Hermann.