This agreement represents the complete agreement and understanding between Foremost Media, Inc., (hereinafter called Foremost Media), and the account holder. Foremost Media may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change the services offered. Foremost Media will inform account holder within thirty days in advance via email or postal mail.
As provided by United States federal law and by international treaties, copyrighted materials, (e.g., images, text, and programs), may not be uploaded using Foremost Media's services without the permission of the copyright holder. Copyrighted materials may be downloaded for personal use. Except as expressly permitted, materials under copyright may not be distributed to others. Copyrighted material may not be changed nor can the author attribution notices nor the copyright notices be modified.
The account holder agrees to maintain a secure password to the account. Foremost Media is not responsible for any actions carried out by access to FTP such as file deletion or code modification. The account holder will claim all responsibility to actions carried out via FTP. If the client must request a site file or database restore, the account holder will be charged $85 for the first restore and $150 each additional restore requested.
The account holder agrees to use the services provided by Foremost Media as permitted by applicable local, state, and federal laws. The account holder agrees, therefore, not to use these services to conduct any business or activity or solicit the performance of any activity that is prohibited by law.
The account holder agrees not to publish any XXX material on the site maintained by Foremost Media.
The account holder acknowledges that Foremost Media makes an honest effort to keep the information available on Foremost Media's systems accurate. However, Foremost Media can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity for the data and/or information available. Use of information obtained from or through Foremost Media is at the risk of the account holder.
The account holder agrees to indemnify and hold Foremost Media harmless from any claims, including attorney's fees, resulting from the account holder receiving Foremost Media's services which cause direct or indirect damage to another party.
Any use of Foremost Media's system resources that disrupts the normal use of the system for other Foremost Media's customers is considered to be abuse of system resources and is grounds for administrative intervention. Some examples of system abuse include spawning dozens of processes, consuming excessive amounts of memory or CPU for long periods of time.
Depending on the nature and the severity of the abuse, the user may receive an email warning or have their account suspended by Foremost Media's Technical Support. If the misuse is unintentional, the suspension may be rescinded following discussion with Foremost Media's Technical Support. If the misuse is intentional, the suspension may be rescinded at the discretion of the Operations Manager, and may require the payment of a service reconnection charge.
Violations of any of the Foremost Media's conditions of use are unethical and may be criminal offenses. You are expected to report to Foremost Media any information you may have concerning instances in which the conditions of use have been or are being violated. When Foremost Media becomes aware of possible violations, we will initiate an investigation. At the same time, in order to prevent further possible unauthorized activity, Foremost Media may suspend access to services to the individual account in question. Confirmation of violations may result in cancellation of the individual account and/or criminal prosecution. The account suspension may be rescinded at the discretion of the Operations Manager, following payment of a reconnection charge.