Peninsula Systems, Delavan, Wisconsin

Peninsula Systems, Delavan, Wisconsin


1711 Woolsey Ave - P.O. Box 383 - Delavan, Wisconsin - 262-728-1090 - 262-728-2088 FAX - email: info@pensys.com


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Peninsula Systems Web Site Hosting Policies and Terms of Service

SERVICE DESCRIPTION: As an Internet service provider, Peninsula Systems provides dedicated server computers which are integrated into the Internet. These server computers shall send and receive information in relationship to the Internet. Customer wishes to connect a web site(s) to the Internet utilizing the hardware and software resources of Peninsula Systems to establish an Internet web presence on one of Peninsula Systems' server computers.

SPAM (unsolicited email): Peninsula Systems has a strict NO SPAM policy.In the event that Peninsula Systems determines the account to be participating in any way with SPAM, including mining of email addresses, sending unsolicited email, or any other form of SPAM, Peninsula Systems may immediately discontinue such service to the Customer without liability.

FEES FOR UNSOLICITED COMMERCIAL EMAIL: Peninsula Systems will apply the following charges to unsolicited commercial e-mail that passes through the Site.
  • For each Unsolicited Commercial E-Mail sent via the Site: $100 per copy
  • Cleanup charge for service termination related to Unsolicited Commercial E-Mail: $1000 per incident
  • Administrative charge for redirection of "remove me" or other "abuse" messages related to forged headers in Unsolicited Commercial E-Mail: $100 per message
  • We will also charge for any legal fees or other costs we incur while dealing with the incident.
SITE GUIDELINES: Peninsula Systems is not responsible for the content of any homepage, and the views expressed are the responsibility of the User and not Peninsula Systems. Peninsula Systems does not review Web pages in any way before they appear on the Site. Peninsula Systems reserves the right to remove any page from the Site at any time without notice. Peninsula Systems provides space for Web Pages & Sites but makes no implied or express warranties about the reliability of these pages. Peninsula Systems is not responsible for any damage caused by loss of access to, or deletion or alteration of web pages; individual Users are responsible for monitoring and creating backups of their pages. The following is a non-exclusive list of actions and content that are not permitted on the Site:
  1. Any use of copyrighted material without the express permission of the author or owner.
  2. Pages that exploit the images of anyone under the age of 18.
  3. Material that we deem to be grossly offensive, including clear expressions of bigotry, racism, or hatred.
  4. Messages, web pages, or communications of any kind that promote illegal activity.
  5. Material that defames, abuses or threatens others.
  6. Making available copyrighted software which has been "cracked" - i.e., the copyright protection has been removed from the software.
  7. Making available serial numbers for software which can be used to illegally validate or register software; Making available tools which can be used for no purpose other than for "cracking" software.

ADULT SITES: Peninsula Systems does NOT host adult sites, nor sites which generally would be perceived as being of adult nature based on language, content, photos, images, including nudity of any form. If any of these occur on an account, Peninsula Systems may immediately discontinue such service to the Customer without liability or refund of fees.

ILLEGAL INFORMATION: Peninsula Systems does NOT host any site which contains or promotes illegal products or information of any kind. If any of these occur on an account, Peninsula Systems may immediately discontinue such service to the Customer without liability or refund of fees.

MISCELLANEOUS CONDITIONS: Client hereby agrees that all domain names and any material submitted for publication on Peninsula Systems's servers through client's account(s) will not contain anything leading to an abusive or unethical use of the web hosting product(s) or the host server(s). Abusive and unethical materials and uses include, but are not limited to pornography, obscenity, nudity, violations of privacy, computer viruses, hacking, warez, and any harassing, offensive and/or harmful materials or uses. Peninsula Systems management retains the right and final opinion regarding whether any portion of a site falls within one of these categories. Client hereby agrees to indemnify and hold harmless Peninsula Systems from any claim resulting from your publication of materials or your use of those materials. Violations of Peninsula Systems's Terms Of Service may result in immediate account termination and Peninsula Systems reserves the right to charge up to $500.00 clean-up fee.

INDIRECT STORAGE AND/OR PROCESSING: Peninsula Systems does not allow our servers to be used as a storage location for download or access of files of any type (.exe, .doc, .pdf, .asp, .htm, .gif, .jpg etc.) that are not directly related to the account which we host. Also, Peninsula Systems does not allow our servers to be used to process scripts and forms which do not directly relate to the account which we host. Basically, if it's related to your site, that's fine. If it's related to someone else's site, it should be on their server.

EMAIL SERVICES: Email accounts (POP3) are intended to be used directly by the individual/company/organization associated with the domain that we host. It is strongly recommended to use an email program like Outlook Express to retrieve the email from the POP3 account and store the emails locally. Due to the ever changing nature of email, the email POP3 accounts are not backed up except in normal archiving and customer specific cases. Peninsula Systems shall not be liable for any loss of email data stored on the email server(s). Storage of received, sent and any other format of email is considered in determining the total disk space used for the account. Likewise, email traffic is considered in determining the total traffic/bandwidth used by the account. A domain may not use more than 200MB disk space for total email usage.

MATERIAL AND INDEMNIFICATION: Client hereby agrees that all domain names and any material submitted for publication on Peninsula Systems's server(s) through client's account(s) will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything libelous or harmful. Client hereby agrees to indemnify and hold harmless Peninsula Systems for any claim resulting from the submission of illegal materials, any and all loss, cost, expense, and damages on account of any and all manner of claims, demands, actions, and proceedings that may be initiated against Peninsula Systems on the grounds of such violation. Violations to Peninsula Systems's Terms Of Service will result in immediate account termination and Peninsula Systems reserves the right to charge up to $500.00 clean-up fee.

LOG FILES: Log files may be deleted on a periodic basis. Users are responsible for downloading their log files if user needs the log files. It is recommended that clients who wish to maintain a history of their log files download them monthly.

CHOICE OF LAW: This Agreement shall be construed and controlled by the laws of the State of Wisconsin, without regard to its conflict of law provisions. Any dispute arising hereunder will be governed by the laws of the State of Wisconsin. The User agrees to personal jurisdiction by the State and Federal courts of the State of Wisconsin.