The Shelby Virtual Systems web site is provided by Shelby Virtual as a reference tool for the use of our customers and potential customers. SVS and it's staff reserve the right to make amendments to the Terms of Service at any Time as necessary for the smooth operation of it's business without any warning or notification to it's customers. It is the Customers resposibility to review the TOS from time to time to understand any changes that have been incorporated into the TOS Documentation.

PLEASE READ THIS DOCUMENT CAREFULLY before accessing this site or using Shelby Virtual services. By accessing/using this site or Shelby Virtual Systems services, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use this site/services. Shelby Virtual may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement on the site. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the site/services shall be deemed your conclusive acceptance of the modified agreement.

1. Acceptable Use

1. Customer shall not do any of the following or permit any third party under its control (including its customers and their authorized users) to do the following:

   restrict or inhibit any other user from using and enjoying the Service and/or the Internet; post or transmit any unlawful, illegal, obscene, or pornographic information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the U.S. export control laws and regulations; post or transmit any information or software which contains a virus, worm, cancelbot or other harmful component;

   upload, post, publish, transmit, reproduce, distribute, or participate in the transfer or sale, or in any way exploit any information, software or other material obtained through the Internet which is PROTECTED BY COPYRIGHT or other proprietary rights or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder; or use the Service in violation or contravention of the Telecommunications Act of 1996, or any other applicable law, regulation, order or other governmental directive, or abuse or fraudulently use the Service in any way not specifically set forth above.

   In addition, neither Customer nor any third party under its control (including its customers and their authorized users) may affect or participate in any of the following activities through the Service:

   post a single article or advertisement to more than ten (10) Usenet or other newsgroups, email mailing lists or similar groups or list;

   post articles to any Usenet or other newsgroups, email mailing lists or similar groups or lists, which are off-topic according to the charter or other public statement of the group;

   send unsolicited mass emailings, as defined below:
   
   

   1. UBE (Unsolicited Bulk Email) can be sent to no more than twenty-five (25) email users;
   2. UCE (Unsolicited Commercial Email) is not tolerable at any level. (This policy does not prohibit opt-in mail. However, people sending opt-in must be prepared to confirm the origin of the addresses they use in their mailings.)

   engage in any of the foregoing activities using the service of another provider, but channeling such activities through a Shelby Virtual account or remailer, or using a Shelby Virtual account as a mail drop for responses, or otherwise requiring return transit through Shelby Virtual's internet backbone;

   falsify or "spoof" user information provided to Shelby Virtual or to other users of the Service, and for handling all complaints and trouble reports made by its own customers and authorized users.

   Should Customer discover that any of its customers or authorized users have committed any of the above, Customer must take reasonable steps to enforce its agreement with its customer or authorized user.

2. Shelby Virtual does not accept bulk email accounts or spam accounts. If you or your company intend to engage in bulk email or spam endeavors Shelby Virtual will close your account.

   Subscribers of Shelby Virtual Systems are to maintain their true identity. Masking or concealing of email address to prevent others from knowing the source of the message or prevent a response to an email is not acceptable use of Shelby Virtual Systems.

   Chain letters are unsolicited by definition and are not acceptable use. Shelby Virtual subscribers may not send, propagate, or reply to mail bombs. Mail bombing is malicious intent.

   Failure to follow Acceptable Use Guidelines can cause an unusual amount of mail. If a Shelby Virtual subscriber receives a massive volume of e-mail that Shelby Virtual's resources are affected, Shelby Virtual staff may shut down the user's mailbox. If your company is expecting a significant amount of mail due to a promotion, contact our sales department at Netsales@svs.net. We will plan for your special needs.

3. 
   Enduser Terms of Service - Updated on 10/20/02

   We agree to provide you with those services set forth at the time of signup and you agree to abide by the restrictions made below. In the event of any violation of the below terms and conditions of using our service, we reserve the right to suspend or terminate your account immediately, without notice. If you do not wish to be bound by the below terms and conditions of using our service, then you may not access the service.

   Warranty Disclaimer

   No warranty's are made regarding the service. We do not guarantee that the service will be uninterrupted or error free. We exercize no control whatsoever over the content of information that is passed through our system. The service is provided on an "as is" basis.

   Responsibility of Use

   User shall assume all responsibility for all content distributed, accessed, or viewed while connected to our service. Under no circumstance shall we be held liable for your actions while you are using the service. In the event of a court order, we may provide any and all information that they request of us to them.

   Limitation of Liability

   Under no circumstances shall we, our agents, our providers, or employees be liable for any damages, which result in any way from user's use or inability to use the service or any part thereof. This includes all direct and indirect damages, special, punitive or consequential damages that may result from busy signals, errors, delays in the service, deletion of files, viruses, theft, or alteration of a user's computer. In the event that we are found liable under any circumstance under the terms of this agreement, our liability shall be limited to the unused balance of user's subscription payment pro-rated to reflect the current term.

   Age Limit

   User represents to us that he or she is 18 years of age or older. User understands that certain materials available from Service provided under the terms of this Agreement may not be suitable for individuals under the age of 18.

   Sexually Explicit Materials

   User understands that the Internet contains unedited materials some of which are sexually explicit or may be offensive. User accesses such materials at his or her own risk. We have no control over and accept no responsibility whatsoever for such materials.

   Restrictions of Use

   User understands that the following restrictions are applied to the service:

   User May Not:

   Send SPAM, or bulk email when dialed into the network.

   Post offensive, threatening, or SPAM, when using the newsgroups.

   Use their personal FTP site for business sites.

   Post or transmit viruses or any harmful component to others.

   Transmit anything that is protected by copyright without permission.

   Attempt to violate the security of any computer network

   Engage in any illegal activity.

   Dialup Restrictions

   User agrees to allow provider to force a 10 minute idle timeout and 5 hour maximum session on their dial-up account. Attempts to defeat the idle timer using a ping bot or system tool, or the use of a redialer to automatically reconnect once disconnected is prohibited. Inactivity is defined as less than 500 bytes of data transferred between User's modem and the service.

   User understands that unlimited service does not mean dedicated service. Dedicated service shall be defined as an average of more than 15 channel hours a day, based on a 30 day calendar month usage report. User may be blocked and forced to upgrade to continue service if their unlimited account is used as a dedicated connection.

   User understands that some services may be offered as limited. Once the user has reached their limit, they shall not have access to the internet until the 1st of the next month. User will not be given and may not purchase more than one limited account in an attempt to get unlimited access on a limited service. If user wants unlimited, they must purchase an unlimited account.

   The right to use the Service is not transferable. Accounts are for User's use only. User shall be responsible for the confidentiality of User's password. Loaning User's account to others, connecting a system used by multiple persons, group use of user log-ins, and consuming more than one modem line are explicitly prohibited. If User has multiple accounts, then User shall be limited to one log-in session per system account at any time.

   Email Restrictions

   User agrees that Port 25 (SMTP) is blocked for all outgoing mail servers except our own.

   User may not send to more than 25 recipients at a time.

   User may not send more than 100 emails per hour period.

   User may not send from an email address that is not their own.

   User may not send an email that is over 10 MB in size.

   User may not forge message headers to hide the origin of their email.

   Provider may block certain attachment types used in transmitting viruses.

   Email is kept on the server for only 15 days.

   Hosting Restrictions

   User may not run any daemons on the server.

   User may not run any program that sends out bulk email through the hosting server.

   User may not run any formmail.pl program earlier than version 1.92

   Although we advertise unlimited bandwidth, we reserve the right to inform you that you must transfer your website if an excessive amount of bandwidth is being used. User may not purchase more than 1 hosting package and link them together in an attempt to get around our bandwidth or website size restrictions. We currently do not allow websites that exceed 15 GB of bandwidth per month to host on our servers. If the request is not met within 5 days, we do reserve the right to remove the website from our system.

   You agree not to post any of the following restricted contents: Illegal, Abusive or Unethical Activities include, but are not limited to, pornography, obscenity, nudity, violations of privacy, hacking, computer virus, gambling, or promotion of gambling, and any harassing or harmful materials or uses, as determined by us. You agree to indemnify and hold us harmless from any claim resulting from your publications or use of Illegal, Abusive or Unethical materials.

   We reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole and absolute discretion, are unacceptable, undesirable, or in violation of this Agreement.

   Right to Cancel

   We reserve the right to cancel Service for any reason without prior notice. In the event that a user's service is cancelled for a reason outside of this TOS, we will refund the user the unused portion of that month's service at the time of cancellation.

   System Backups

   We do not and will not perform system backups on any User's E-mail account(s). We shall not be held responsible for any lost E-mail data, email attachments, or any E-mail message contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, we will not provide historical data, to any party for any reason, regarding any system or Internet activity.

   Although we do perform system backups on hosting content, we shall not be held responsible for any lost web data, web files, or any website contents, regardless of the reasoning for data loss or system causes. User should always keep their own backup of their website. Except as otherwise set forth herein, We will not provide historical data, to any party for any reason, regarding any system or Internet activity.

   We do not perform backups on the mysql databases. We shall not be held responsible for any lost data. User should always keep their own backup of their database content.

   No Confidentiality

   Information transmitted through us and through the Internet in general is not confidential. We can not and shall not guarantee privacy or protection of any User. We reserve the right to monitor any User's transmissions when deemed necessary for providing proper service and/or to protect the rights and property of our company.

   Your Privacy Policy Here

   Your Billing Policies Here

   Failure to Comply With Terms and Conditions

   We may deny User access to all or part of the Service without notice if User engages in any conduct or activities that we in our sole discretion believes violates any of the terms and conditions in this Agreement. If we deny User access to the Service because of such a violation, User shall not have the right (1) to access through us any materials stored on the Internet, (2) to obtain any credit(s) otherwise due to User, and such credit(s) shall be forfeited, (3) to access third party services, merchandise or information on the Internet through us, and we shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.

   Miscellaneous

   In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.

   Our failure to insist upon or enforce strict performance of any provisions of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.

   We may modify this Agreement from time to time by placing a notice of such modification on our website, and User's continued use of the Service following notice of such modification shall be deemed to be User's acceptance of any such modification. It is User's responsibility to check this online area regularly to determine whether this Agreement has been modified. If User does not agree to any modification of this Agreement, User must immediately stop using the Service.

   This Agreement shall be governed by and construed in accordance with the laws of the State of Washington without regard to its conflicts of law provisions. Any cause of action User may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

   We shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, dire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any cause beyond our reasonable control.

   Venue for litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof, naming us as the defendant, shall be proper only in a venue determined by us.

   In any action between us and User to enforce any of the terms of this Agreement, We shall be entitled to recover expenses, including reasonable attorney's fees.

   This Agreement constitutes the entire agreement between User and us with respect to the Service.