Terms of Service Agreement
If YOU accept this Agreement without reading it in its entirety, YOU are still bound by this Agreement in its entirety.
The following is the entire service agreement between Primcast and the personal or corporate account holder (YOU / YOUR).
1. Service - PRIMCAST will provide YOU with bandwidth and or storage space on a PRIMCAST server for use on the World Wide Web according to a selected plan at the site www.primcast.com, in exchange for YOU paying the prescribed fee.
a.) any published content YOU store on a PRIMCAST server, that is prohibited by the laws of any sovereign state, obscene under the laws of any sovereign state, or otherwise considered by PRIMCAST, in its sole discretion, to be offensive, disruptive, obscene, inappropriate or otherwise an administrative burden, may be removed or deleted without any compensation to YOU;
b.) YOU agree not to engage in any activity that can overwhelm PRIMCAST servers with heavy usage, or that requires a disproportionate amount of resources of its servers, including but not limited to, highly active CGI or chat scripts;
c.) if YOU exceed the bandwidth limit for the service subscribed to, YOU must either upgrade the subscribed service to a service that accommodates such usage, purchase additional bandwidth, or reduce such bandwidth usage. Failure to comply will result in termination of YOUR account, without any compensation to YOU.
d.) YOU may not use any image, marks, or other content on YOUR Web site that is owned by any PRIMCAST partner, without explicit licence or consent from that partner.
4. User liability - YOU are liable for all content YOU store on PRIMCAST servers, including the legality and preservation (i.e. making back-ups) of same.
5. Amendments - YOU agree to abide by any amendments made to this Agreement, from time to time, as posted at www.primcast.com.
6. E-mail - e-mail service is subject to the following restrictions:
a.) YOU agree not to send any e-mail that is prohibited by the laws of any sovereign state, obscene under the laws of any sovereign state, or otherwise considered by PRIMCAST, in its sole discretion, to be offensive, disruptive, obscene or inappropriate;
b.) YOU will not exceed the allowable storage capacity of the e-mail account. If YOU exceed the allowable storage capacity, YOU must either upgrade the subscribed service to a service that accommodates such usage, purchase additional storage space, or reduce your storage;
c.) YOU will not send spam mail (i.e. unsolicited e-mail);
d.) YOU will at all times be liable for the safeguarding of YOUR password and account information; and
e.) if YOU breach any term of this Agreement, PRIMCAST reserves the right to delete YOUR mailbox without any compensation to YOU.
7. User obligation - YOU will at all times keep PRIMCAST apprised of YOUR current contact and billing information.
8. No Representations or Warranties - services are provided as is, without any representations or warranties of any kind either expressed or implied.
9. Limitation of Liability - PRIMCAST is not responsible for any failures, delays, or interruptions in the delivery of any content or services contained on the PRIMCAST server, or losses or damages arising from the use of the content or services provided by PRIMCAST or third parties in connection with PRIMCAST. PRIMCAST is not responsible for any financial losses by YOU in association with the content YOU stored or published using PRIMCAST servers.
Primcast makes no warranties of any kind, whether expressed or implied, for the service it is providing. It is the responsibility of the customer to backup any files and e-mails stored on host servers. Primcast will not be responsible for damages or losses the customer suffers, and any consequential damages or losses. This includes, but not limited to the loss of data, non-deliveries, mis-deliveries, or service interruptions caused by its own negligence, subscriber's errors or omissions, or due to the fault of any third parties.
10. Indemnity - YOU agree to indemnify and hold PRIMCAST harmless from and against, and to reimburse PRIMCAST with respect to, any and all losses of every nature whatsoever incurred by PRIMCAST arising out of (i) any breach of this Agreement by YOU; (ii) any infringement of any copyright, trade-mark, patent, trade secret or any other intellectual property right of any person by content stored on a PRIMCAST server or (iii) illegal, libelous, or defamatory content stored on a PRIMCAST server.
11. Termination - both YOU and PRIMCAST have the option to terminate this Agreement at any time, upon providing five-business days prior notice to the other. PRIMCAST may terminate this Agreement at any time without notice or compensation to YOU if YOU violate any term of this Agreement, engage in illegal conduct, post illegal material, overwhelm PRIMCAST servers or central processing units (CPUs), or engage in any conduct PRIMCAST deems in its sole discretion to be disruptive or harmful.
12. Assignability - this Agreement is assignable to a third party by PRIMCAST upon notice to YOU. Such notice will be published on the Web site www.primcast.com.
13. Renewal - upon expiration, this Agreement will renew automatically for the same duration as previously agreed to, unless you advise PRIMCAST otherwise. PRIMCAST reserves the right to not automatically renew any service plan.
14. General - the following terms apply:
a.) this Agreement is governed by and construed in accordance with the applicable laws of the State of New York and the federal laws of the United States of America and is treated in all respects as an New York-based contract;
b.) the excusing of any provision in this contract does not excuse any other or subsequent provision in this contract;
c.) any invalid, illegal or inoperative clause of this Agreement will not affect the valid reading and application of all other clauses of this Agreement;
d.) this Agreement, together with the policies prescribed at www.primcast.com constitutes the entire Agreement between YOU and PRIMCAST;
e.) any term or condition of this Agreement, which by its nature extends beyond the term or expiry of this Agreement, survives the termination or expiry of this Agreement;
f.) this Agreement is executed in electronic and paper counterparts, each of which is an original, and all of which together are one and the same instrument;
g.) PRIMCAST maintains the right to refuse service if it considers it would be disruptive to its business to provide such service;
h.) any failure by PRIMCAST in satisfying any provision of this Agreement will be excused if that failure is brought about by any act of God, war, disaster, disease, criminal act, attack, power loss, weather, invasion or incapacity; and
i.) all remedies available to PRIMCAST under this Agreement survive termination of this Agreement without limitation.