Your continued use of Paintscape.NET Services, will be construed by the System
Administrator (Admin) to be an acknowledgment, that you understand and agree, to the following Terms and Conditions of this Service Agreement. The phrase “the Company” refers to Paintscape Designs Inc., d.b.a. Paintscape.NET, a Florida corporation located in Sarasota, Florida and its assigns and operators. The phrase “the subscriber” refers to any person using Paintscape.Net and its services and/or computers.
The information you provide when subscribing online is considered confidential in nature, and is NOT accessible by any users other than the System Operators. This information is not sold or otherwise provided to ANY outside party; it is merely for our records. Your Account Verification Information MUST be provided in full or your account will be deleted. You MUST include your full mailing address, including Zip Code. You MUST have provided a valid phone number and e-mail address. Paintscape.NET provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services.
Subscriber Content. Subscriber agrees that it will not distribute,
electronically transmit or display any materials supplied by Subscriber – or
through Subscriber by a third party – to any Paintscape.Net server in
connection with Subscriber’s use of the Services which:
- violate any state, federal or foreign laws or regulations;
- infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights) of Paintscape.Net or any third party;
- are defamatory, slanderous or trade libelous;
- are threatening or harassing;
- are discriminatory based on gender, race, age or promotes hate
- violate any Paintscape.Net policy posted on the Paintscape.Net Site.
- contain viruses or other computer programming defects which result in damage to Paintscape.Net or any third party.
Bandwidth. Subscriber may occupy only the amount of disk space on
the Paintscape.Net Server and utilize no more than the network bandwidth which
is allotted by Paintscape.Net. Subscriber may be charged a penalty for
over-utilization of either disk space or network bandwidth.
No Bulk E-mail (SPAM or Junk Mail) may be sent from your account on this server!
Subscriber shall not use the Services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Subscriber also shall not engage in any unsolicited email practices at Paintscape.Net , or otherwise, that mention or reference any domain hosted on
Paintscape.Net servers or parked on Paintscape.Net DNS servers.
Junk Mail is now regarded as the same as unwanted and unsolicited junk faxes and telemarketing calls – all of which are now ILLEGAL under US federal law: By US Code Title 47, Sec.227(a)(2)(B), a computer/modem/printer meets the definition of a telephone fax machine. By Sec.227(b) (1)©, it is unlawful to send any unsolicited advertisement to such equipment, punishable by action to recover actual monetary loss, or $500, whichever is greater, for EACH violation.
No pornography-related sites –
No”adult content”, “adult material”, “sexually explicit”, or “sexually related” material is allowed.
Paintscape considers “Adult Material”;
- Any site whose revenue is gained in part or whole from its adult content.
- Photos or videos showing frontal nudity on either men or women for non-scientific or non-artistic purposes.
- Revenue-generating hyperlinks to sites who violate policy #1.
Paintscape reserves the right to decide what it considers “adult content”, “adult material”, “sexually explicit”, or “sexually related”. Subscriber agrees to the no pornography
Licensed Software Only. Subscriber agrees to use only properly
licensed third party software in connection with Subscriber’s use of the
Back-Up Files. Subscriber will have the ability to reinstate files
which are automatically archived by Paintscape; however, Paintscape.Net does
not guarantee the existence, accuracy, or regularity of its backup services
and, therefore, Subscriber is responsible for making back-up files in
connection with its use of the Services.
Termination. Paintscape.NET, in its sole discretion, may
immediately terminate this Agreement if Subscriber engages in any of the
foregoing. To report any unacceptable behavior by a third party using the
Services, please contact us.
1. The phrase “the Company” refers to Paintscape Designs Inc., d.b.a.
Paintscape.NET, a Florida corporation located in
Sarasota, Florida and its assigns and operators. The phrase “the subscriber” refers to any person using Paintscape.Net and its services and/or
2. Paintscape.net services and all other services provided to the subscriber by the Company may only be used in
accordance with all applicable laws, statutes, regulations and rules and solely for lawful purposes. Transmission,
promulgation, theft, procurement of, protected material/proprietary, data or material in violation of any National Law of any
sovereign nation, or of International Law, the United States Annotated Code, or of any state or local law, statute, regulation
or rule is strictly prohibited.
3. The subscriber agrees to indemnify and hold harmless Paintscape Designs, Inc., its officers, shareholders, agents and
employees and its other subscribers from any and all claims, costs, and court costs resulting from the subscriber’s use of
Paintscape.net services in any manner, whether directly, indirectly or by any act of commission or omission.
4. The subscriber is solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and
regulations pertaining to the subscriber’s use of any Paintscape.NET services and the communications means by which
the subscriber connects their terminal or computer to Paintscape.NET on-line services.
5. The subscriber agrees to make payment for services per the payment schedule in effect at the time of this agreement.
Checks returned for insufficient fund will be charged a $25 returned check fee. Credit card customers agree to pay all billed
amount according to their card issuer agreement until the subscriber cancels
Paintscape.NET on-line services. Services are
paid in advance. Paintscape Designs Inc., will make no refunds after the first
30 days, for any service terminated by the subscriber prior to the end of the
term of the agreement.
6. The subscriber agrees that the Company has the right to delete all data, files or other information that is stored in the
subscriber’s account if the subscriber’s account with the Company is terminated, for any reason, by either the Company or the subscriber.
7. The subscriber rights herein granted cannot be transferred, shared, sold, or used by anyone other than the subscriber.
No more than one login session can be used at any time by the subscriber on any system account. Accounts which have
been transferred to other parties, or show other activity in violation of this paragraph, are subject to immediate cancellation without refund.
8. The Company shall have the right to suspend service to the subscriber at any time, and for reasonable cause, without
notice. If such a suspension is to last for more than 7 days, the subscriber will be notified of the reason.
9. The subscriber certifies that he or she is at least 18 years of age. Teenagers or other minors must have parental approval
in writing and can then have an account in their own name.
10. Subscriber acknowledges that the Company must perform daily maintenance on the system. Such maintenance is
normally scheduled between 4:00 am up to 6:00 am. That notwithstanding, there may be other times when the system may be down due to software upgrades, power failure or hardware replacement. Subscriber agrees to hold Company harmless for any such events.
11. LIMITED LIABILITY. ANY LIABILITY OF THE COMPANY, INCLUDING WITHOUT LIMITATION ANY LIABILITY
FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, ELECTRICAL SURGE, ELECTRICAL DAMAGE/INTERFERENCE, DELETION, DEFECT, DELAY IN
OPERATION OR TRANSMISSION, COMMUNICATIONS 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 CAUSE OF ACTION, SHALL BE STRICTLY LIMITED
TO THE AMOUNT PAID BY OR ON BEHALF OF THE SUBSCRIBER TO THE COMPANY.
12. Upon acceptance of the subscriber’s account application and upon payment as provided therein, the subscriber will be
provided with access to Paintscape.NET, which permissions shall remain valid and in force and effect during the
pendency of this Agreement.