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Terms of Use

All users of Camelback's Services, and all prospective customers upon signing up for Camelback's services (“Services”), agree to comply with Camelback's Terms of Use (“TOU”). The spirit of the TOU is to ensure prospective customers are using Camelback's services with due regard to the rights of other Internet users and in conformity with the requirements of Camelback's network environment. The TOU are not exhaustive and Camelback reserves the right to add, delete, or modify any provision of its TOU at any time without notice, effective upon either the posting of the modified TOU to www.camelback.net or notification of the modified TOU. Any complaints about a prospective customer’s violation of the TOU should be sent to "abuse @ our domain name". The TOU supersedes any other agreement with Camelback, whether written, oral, by conduct, or otherwise.

Server Resources

Any prospective customer account that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, network resources, and/or exceeding their hosting plan limits) will be required to pay additional overage fees, and given the option to upgrade its services to accommodate the higher usage in the future. Camelback will be the sole arbiter of what is considered to be a high server usage level. Any account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice. Also, background processes such as, but not limited to, IRC bots such as eggdrop, and BitchX are not allowed on our servers.

Spamming

Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to Camelback’s prospective customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the Service of another ISP or IPP and referencing in the spam a web site hosted on a Camelback server, and selling or distributing software (on a web site residing on a Camelback server) that facilitates spamming. Violators will be assessed a minimum fine of $250 and will face immediate suspension. Camelback reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

Illegal Use

Camelback servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing Camelback services, all Camelback prospective customers certify that they and/or the organization they represent in procuring Services from Camelback are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a 'suspected terrorist' as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.

Spamming

Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to Camelback’s prospective customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a web site hosted on a Camelback server, and selling or distributing software (on a web site residing on a Camelback server) that facilitates spamming. Violators will be assessed a minimum fine of US$250 and will face immediate suspension. Camelback reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

System and Network Abuse

Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with Services to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Viruses and Other Destructive Activities

Use of Camelback’s Services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any prospective customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use Camelback’s Services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.

Copyright Violations

The Digital Millennium Copyright Act ("DMCA") sets forth the law regarding the use of copyrighted materials on the Internet. All Camelback prospective customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a Camelback prospective customer (per the DMCA) to Camelback must follow the below procedures. Copyright infringement notifications submitted to Camelback according to these procedures will be processed within 21 days of receipt. prospective customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at Camelback’s sole discretion.

DMCA Copyright Infringement Notification Requirements:

  • Signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant").
  • Identification of the copyrighted work(s) claimed to have been infringed.
  • Identification of the material claimed to infringe the copyright(s), and enough information for Camelback to locate it including URLs and specific descriptions of the infringing material at each URL.
  • The Claimant's name, address, and telephone number(s).
  • A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent.
  • A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.
  • Mail the notification to:Camelback Consulting, Inc., Legal Department – DMCA Complaints, 10000 N. Central Expressway, Suite 400, Dallas, TX 75231
Adult Content

Pornography and sex-related merchandising are prohibited on Camelback servers. This includes sites that may infer sexual content or provide links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.

Child Pornography

The use of Camelback’s Services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Camelback is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its Services.

Privacy

Camelback is concerned with the privacy of on-line communications. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Camelback urges its prospective customers to assume that all of their on-line communications are insecure. Camelback cannot take any responsibility for the security of information transmitted over Camelback's facilities. Additional details on privacy and Camelback’s use of prospective customer information can be found in Camelback’s Privacy Statement located at http://www.camelback.net/pages/privacy.

prospective customer Responsibility

prospective customers are required to use the Camelback network responsibly. This includes respecting the other prospective customers of Camelback. Camelback reserves the right to suspend and/or cancel Services with any prospective customer who uses the Camelback network in such a way that adversely affects other Camelback prospective customers. While Camelback may monitor its Services electronically to determine that its facilities are operating satisfactorily, as a general practice, Camelback does not monitor its prospective customers' communications or activities to determine whether they are in compliance with the TOU. However, when Camelback becomes aware of any violation of the TOU or other user agreements, Camelback may take any action to stop or correct such violation, including, but not limited to, denying access to Camelback’s Services and equipment or to the Internet. In addition, Camelback may take action against a prospective customer or a prospective customer of such prospective customer because of the activities of such prospective customer. Camelback anticipates that prospective customers who offer Internet Services will cooperate with Camelback in any corrective or preventive action that Camelback deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Camelback policy and Camelback reserves the right to take any such action even though such action may affect other prospective customers of the Camelback prospective customer.

Actions Taken by Camelback

The failure by a prospective customer to meet or follow any of the TOU is grounds for account deactivation. Camelback will be the sole arbiter as to what constitutes a violation of the TOU. Camelback reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When Camelback becomes aware of an alleged violation of its TOU, Camelback will initiate an investigation. During the investigation, Camelback may restrict a prospective customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Camelback may, at its sole discretion, restrict, suspend, or terminate a prospective customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, Camelback will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOU if it is illegal, irresponsible, or constitutes disruptive use of the Internet. Camelback does not issue credits for outages incurred through service disablement resulting from TOU violations. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by Camelback.

Indemnification

Camelback prospective customers agree to protect, defend, hold harmless, and indemnify Camelback, any third party entity related to Camelback (including, without limitation, third party vendors), and Camelback’s executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as Camelback, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the prospective customer’s use of Camelback’s Services.

Disclaimer

The Camelback Services is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Camelback expressly disclaims any representation or warranty that the Camelback Services will be error-free, secure or uninterrupted. No oral advice or written information given by Camelback, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Camelback and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL CAMELBACK (INCLUDING, WITHOUT LIMITATION, CAMELBACK’S EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, CO-SUBSIDIARIES WITH THE SAME PARENT COMPANY AS CAMELBACK, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING CAMELBACK’S SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSE SINCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR CAMELBACK SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY CAMELBACK SERVICES EVEN IF CAMELBACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CAMELBACK’S TOTAL CUMULATIVE LIABILITY, IF ANY, TO prospective customer, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOU OR CAMELBACK’S SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY CAMELBACK OR CAMELBACK’S REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE prospective customer FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.

Modifications

Camelback may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide prospective customers with Camelback’s Services. Certain changes to Camelback’s Services may affect the operation of prospective customers’ personalized applications and content. Each prospective customer is solely responsible, and Camelback is not liable, for any and all such personalized applications and content, except as expressly agreed to by Camelback.

Backup of Data

Except where Camelback has expressly agreed in writing to the contrary, prospective customers are solely and entirely responsible, and Camelback is in NO way responsible, for the management and backup of all prospective customer data, and all updates, upgrades, and patches to any software that prospective customers use in connection with Camelback Services.

Third Party Licenses

Camelback makes a reasonable effort to provide prospective customers with technologies, developments, and innovations (collectively “Technologies”), part of which may be licensed, or co-branded, from or by, third party entities. However, Camelback makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, Camelback specifically disclaims all warranties of merchantability and fitness for a particular purpose for such Technologies. Furthermore, no prospective customer will hold Camelback liable in any way for the revocation of any license, which has been licensed to Camelback. The use of the Technologies obtained from or through Camelback, or any other referred third party, whether directly or indirectly, is at the sole risk of prospective customers.

Non-Camelback Products

Any mention of non-Camelback products by Camelback, its employees, or any third party entity related to Camelback is for information purposes only and does not constitute an endorsement or recommendation by Camelback. Camelback disclaims any and all liabilities for any representation or warranty made by the vendors of such non-Camelback products or Services.

Camelback’s Intellectual Property

Reservation of Rights. prospective customer acknowledges that in providing the Services, Camelback utilizes (i) the liveSite and liveEducation name, the Camelback logo, the Camelback.net and liveEducation.com domain names, the product names associated with the Services and other trademarks; (ii) certain audio and visual information, documents, software and other works of authorship; and (iii) other technology, software, hardware, products, processes, algorithms, user interfaces, know-how and other trade secrets, techniques, designs, inventions and other tangible or intangible technical material or information (collectively "Camelback Technology") and that the Camelback Technology is covered by intellectual property rights owned or licensed by Camelback ("Camelback IP Rights"). Other than as expressly set forth in this Agreement, no license or other rights in the Camelback IP Rights are granted to the prospective customer, and all such rights are hereby expressly reserved.

License Grants. Camelback grants prospective customer and its Users a non-exclusive, non-transferable, non-sublicenseable right to access and use the Services for the purpose for which it is made available to prospective customer and otherwise in accordance with the terms of this Agreement. prospective customer grants to Camelback a non-exclusive, non-sublicenseable license to use, copy, store, modify and display the prospective customer Data solely to the extent necessary to provide the Services.

Restrictions. prospective customer shall not (i) modify, copy or make derivative works based on the Camelback Technology; (ii) disassemble, reverse engineer, or decompile any of the Camelback Technology (iii) create Internet "links" to or from the Services, or "frame" or "mirror" any of Camelback's content which forms part of the Services (other than on prospective customers' own internal intranets and extranets).

prospective customer Data. As between Camelback and prospective customer, all data submitted by prospective customer to the Service, whether posted by prospective customer or by third parties, remains the sole property of prospective customer. prospective customer Data shall be considered Confidential Information, subject to the terms of this Agreement. Notwithstanding any other provision in this Agreement, Camelback may provide certain User registration and statistical information such as usage or User traffic patterns in aggregate form to third parties, provided that such information does not include prospective customer or personally identifying information. The IP addresses of Users shall not be transmitted with messages sent from prospective customer's User accounts. Camelback may access prospective customer's User accounts, including without limitation prospective customer Data, to respond to service or technical problems.

Suggestions, Ideas and Feedback. Camelback shall have the unrestricted right to use or act upon any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by prospective customer or any other party relating to the Services to the extent it does not constitute Confidential Information of prospective customer.

Confidentiality.

Definition of Confidential Information. As used herein, "Confidential Information" means all information of a party ("Disclosing Party") which the Disclosing Party designates in writing as being confidential when it discloses such information to the other party ("Receiving Party"), including without limitation the terms and conditions of this Agreement, prospective customer Data, the Camelback Technology, the Service, business and marketing Services s, technology and technical information, product designs, and business processes (whether in tangible or intangible form, in written or in machine readable form, or disclosed orally or visually). prospective customer Data shall be deemed Confidential Information regardless of its written designation. Confidential Information shall not include any information that: (i) is or becomes generally known to the public without the Receiving Party's breach of any obligation owed to the Disclosing Party; (ii) was independently developed by the Receiving Party without the Receiving Party's breach of any obligation owed to the Disclosing Party; or (iii) is received from a third party who obtained such Confidential Information without any third party's breach of any obligation owed to the Disclosing Party.

Confidentiality. The Receiving Party shall not disclose or use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, except with the Disclosing Party's prior written permission.

Protection. Each party agrees to protect the confidentiality of the Confidential Information of the other party in the same manner that it protects the confidentiality of its own proprietary and confidential information of like kind, but in no event shall either party exercise less than reasonable care in protecting such Confidential Information.

Compelled Disclosure. If the Receiving Party is compelled by law to disclose Confidential Information of the Disclosing Party, it shall provide the Disclosing Party with prior notice of such compelled disclosure and reasonable assistance (at Disclosing Party's cost) if the Disclosing Party wishes to contest the disclosure.

Remedies. If the Receiving Party discloses or uses (or threatens to disclose or use) any Confidential Information of the Disclosing Party in breach of this Section 6, the Disclosing Party shall have the right, in addition to any other remedies available to it, to seek injunctive relief to enjoin such acts, it being specifically acknowledged by the parties that any other available remedies are inadequate.

Assignment

prospective customers may not assign or delegate their rights or obligations under the TOU or other agreement for Camelback’s Services, either in whole or in part, without the prior written consent of Camelback.

Minimum Age Requirement

Camelback prospective customers must be at least 18 years of age. Any individual under the age of 18 years (“Minor”) must have a parent or guardian accept the TOU in order for the Minor to become a Camelback prospective customer. A parent or guardian who accepts the TOU on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOU, including the timely and full payment of the charges for Camelback Services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains Camelback’s express written consent to the contrary. Any acceptance of the TOU or any other agreement for Camelback’s Services will be deemed null and void to the extent that Camelback will not be liable in any way as a result of the Minor’s age or legal incapacity or the Minor’s use of Camelback’s Services.

Governing Law and Severability

The TOU, and any other agreement for Camelback Services, will be governed by and construed in accordance with the laws of the State of Texas, USA without reference to its conflicts of laws principles. Any litigation or arbitration between a prospective customer and Camelback will take place in Texas, and the prospective customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOU or other Camelback agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOU or the agreement will continue in full force and effect.

Force Majeure

Camelback will not be liable for delays in its performance of the TOU or Camelback Services caused by circumstances beyond Camelback’s reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively “Force Majeure”). Camelback will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of prospective customers for the payment of money due.

Waiver and Amendment.

Any waiver, modification, or amendment of any provision of the TOU or other agreement for Camelback Services, initiated by a prospective customer, will be effective only if accepted in writing and signed by an authorized representative of Camelback.

Independent Contractors

Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between Camelback and its prospective customers. Each of Camelback and its prospective customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.

Construction and Interpretation

Wherever in this TOU the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOU into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOU. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOU.

Complete Agreement and Exclusivity

The TOU, and/or any other specific agreement for Camelback Services, constitutes the complete understanding and agreement between Camelback and its prospective customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of Camelback, the TOU supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOU, and/or any other specific agreement for Camelback Services is between Camelback and its prospective customers only and will not confer any rights in any third party except as otherwise expressly provided by Camelback.