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Terms of Service

Summary:

Detailed terms of service are specified below. You agree:

  1. Not to use service for commercial purposes.
  2. Not to use in any manner which would impugned the tradition of Naval Aviation.

Satisfaction Guaranteed: If you are unhappy with the service, you may obtain a full refund with in the first three months of activation.


1. APPROPRIATE USE OF THE SERVICES.

NavalAviator.Net, Inc. provides the Services exclusively and makes no effort toedit, control, monitor or restrict the content of data other thanas necessary to provide such Services.

  • Eligibility. Services provided by NavalAviator.Net, Inc. are intended sole for those individuals who have been designated as Naval Aviators by the United States Navy, either currently serving on active duty in the military or honorably discharged or retired who were authorized to wear the Wings of Gold. Anyone whose right to wear Naval Aviator Wings by administrative action or a Field Naval Aviator Evaluation Administrative Board was revoked is not eligible. Fraudulent use of this service will be referred to the Judge Advocate General.
  • Client Content. Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client - or through Client by a third party - to any NavalAviator.Net, Inc. server in connection with Client'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 NavalAviator.Net, Inc. 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 NavalAviator.Net, Inc. policy posted on the NavalAviator.Net, Inc. Site including, but not limited to, our Acceptable Use Policy (includes Adult Content Policy) and UCE (SPAM) Policy.
    • contain viruses or other computer programming defects which result in damage to NavalAviator.Net, Inc. or any third party.
  • No "SPAM". Client 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.
  • Back-Up Files. Client may have the ability to reinstate files which are automatically archived by NavalAviator.Net, Inc.; however, NavalAviator.Net, Inc. does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, Client is responsible for making back-up files in connection with its use of the Services.
  • Termination. NavalAviator.Net, Inc. reserves the right to refuse service to anyone. NavalAviator.Net, Inc., in its sole discretion, may immediately terminate this Agreement if Client engages in any of the foregoing. To report any unacceptable behavior by a third party using the Services, please contact NavalAviator.Net Admin.
2. PAYMENT OBLIGATIONS
  • Service Fees. On the anniversary date that the client's account was created, NavalAviator.Net, Inc. shall either (i) debit Client's credit card (where such information is provided by Client) or (ii) deliver by e-mail or regular mail an invoice to Client in accordance with the applicable Services fees for services rendered for the current period. Where an invoice is delivered to Client, Client shall remit payment to NavalAviator.Net, Inc. by no later than the specified payment due date. NavalAviator.Net, Inc. shall be entitled to immediately terminate this Agreement for Client's failure to make timely payments to NavalAviator.Net, Inc.. If Client terminates this Agreement in accordance with Section 4 hereunder, Client shall be responsible for any outstanding fees owed to NavalAviator.Net, Inc. and agrees to pay any and all fees incurred by Client. Because the Services are provided on a recurring basis, Client will be responsible for Service fees incurred on that recurrence regardless of when Client provides notice of termination. Fees will not be pro-rated or refunded. The Client may terminate Service with in 90 days of initial account creation for any reason and will receive a full refund of the paid subscription fee.
3.CLIENT LIABILITY AND INDEMNIFICATION
  • The parties agree that in no event shall NavalAviator.Net, Inc. be liable to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless NavalAviator.Net, Inc. from any and all expenses, losses, liabilities, damages or third party claims resulting from Client's breach or alleged breach of any Client obligations set forth hereunder.
4.TERM, TERMINATION & REINSTATEMENT
  • Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect on a subscription basis unless otherwise specified by separate agreement (the "Term") unless terminated earlier pursuant to the provisions of this Section 4. Either party will have the right to terminate this Agreement upon notice to the other party. If Client is terminating this Agreement, Client must follow instructions for cancellation provided on the Server Cancellation Information page. The essence of this page states that Client must contact the NavalAviator.Net, Inc. to receive a cancellation number, which Client shall retain as proof of termination, and all cancellation requests must be received (5) days prior to end of current cycle date. If Client does not request cancellation five (5) days prior to the next billing cycle, Client will be be responsible for the fees owed for the next billing cycle. Any other attempt by Client to cancel this Agreement by written or e-mail notice shall be void. Sections 3 - 8 shall survive termination or expiration of this Agreement.
  • If Client terminates its account, Client shall be allowed to re-instate Client's use of the Services within Seven (7) business days of cancellation. Once payment has been received, Client's account will be activated within Forty-Eight (48) business hours. NavalAviator.Net, Inc. will maintain the email address and an archival copy of Client's information on the server for Seven (7) days after NavalAviator.Net, Inc. receives notice of cancellation. In accordance with Section 1, Back Up FIles, there is no guarantee that such archived information can be retrieved. Thereafter, Client's email address willl be released and the Client will need to place a new order if it wishes to subscribe to the Services.
5.TAXES
  • Client will pay and indemnify and hold NavalAviator.Net, Inc. harmless from any and all taxes associated with or arising from Client's use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.
6.DISCLAIMER OF WARRANTY
  • THE SERVICES, THE NavalAviator.Net, Inc. SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE THE NavalAviator.Net, Inc. SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. THE NavalAviator.Net, Inc. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE NavalAviator.Net, Inc. SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.
7.LIMITATION OF LIABILITY
  • IN NO EVENT SHALL THE NavalAviator.Net, Inc. BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE THE NavalAviator.Net, Inc. SITE OR ANY THE NavalAviator.Net, Inc. PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL THE NavalAviator.Net, Inc.’S CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN FIVE HUNDRED DOLLARS ($100 US).
8.MISCELLANEOUS
  • Notices. Any notices or communication under this Agreement shall be in writing and shall be deemed delivered to the party receiving such communication at the address specified below (1) on the delivery date if delivered personally to the party, or a representative of the party; (2) one business day after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, whether or not received, if sent by postal mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile or email.

Ifto NavalAviator.Net, Inc.:
NavalAviator.Net, Inc.

Ifto Client:
Name and address provided for account setup.

  • If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by NavalAviator.Net, Inc.. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys' fees. This Agreement is made under and shall be governed by the laws of the United States of America, except with regard to it’s conflict of law rules. This Agreement and NavalAviator.Net, Inc.’s policies are subject to change by NavalAviator.Net, Inc. without notice. Continued usage of the Services after a change to this Agreement by NavalAviator.Net, Inc. or after a new policy is implemented and posted on the NavalAviator.Net, Inc. Site constitutes your acceptance of such change or policy. We encourage you to regularly check the NavalAviator.Net, Inc. Site for any changes or additions.

AcceptableUse Policy

As a provider of web site hosting, and other Internet-related services, NavalAviator.Net, Inc. offers its clients, and their customers and users, the means to disseminate a wealth of public, private, commercial, and non-commercial information. NavalAviator.Net, Inc. respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, NavalAviator.Net, Inc. reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, NavalAviator.Net, Inc. has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement and is intended as a guide to the customer's rights and obligations when utilizing NavalAviator.Net, Inc.’s services. This AUP will be revised from time to time. A customer's use of NavalAviator.Net, Inc.’s after changes to the AUP are posted on NavalAviator.Net, Inc.’s web site, www.NavalAviator.Net, will constitute the customer's acceptance of any new or additional terms of the AUP that result from those changes.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet to disseminate information to others.

When information is disseminated through the Internet, they also must keep in mind that NavalAviator.Net, Inc. does not review, edit, censor, or take responsibility for any information its clients may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over NavalAviator.Net, Inc.’s network and may reach a large number of people, including both clients and non-clients of NavalAviator.Net, Inc., clients' postings to the Internet may affect other clients and may harm NavalAviator.Net, Inc.’s goodwill, business reputation, and operations. For these reasons, clients violate NavalAviator.Net, Inc. policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:

Spamming

Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward NavalAviator.Net, Inc., but also because it can overload NavalAviator.Net, Inc.'s network and disrupt service to NavalAviator.Net, Inc. clients. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, NavalAviator.Net, Inc. has the discretion to determine from all of the evidence whether the e-mail recipients were from an "opt-in" e-mail list.

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Intellectual Property Violations

Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. NavalAviator.Net, Inc. is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also NavalAviator.Net, Inc.’s policy to terminate the privileges of customers who commit repeat violations of copyright laws.

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Adult Material

Because the Internet is a global communication tool, and we have clients from nearly every country in the world it is difficult to dictate what is considered "adult material." However, it is not our function to discriminate against those who choose to utilize adult content or adult related material. Excessive use of online storage space for or distribution of Adult Material will be grounds for terminating the Service.

Why does NavalAviator.Net, Inc. have this policy?

Bandwidth and Resources
A virtual server is a shared environment where many servers reside on each particular machine. This being said, consider that an average "adult site" gets more hits than 100 standard web sites. Some of the smaller adult sites get around 5 GB of transfer per day. With these types of resources being utilized, our servers would be severely slowed if we allowed these high traffic sites to also reside on our servers. On top of that, we would be forced to raise our prices to pay for the additional bandwidth. We strive to keep our servers fast and inexpensive, and our bandwidth clear; therefore, adult sites are not an option.

NavalAviator.Net, Inc. reserves the right to decide what it considers "adult content", "adult material", "sexually explicit", or "sexually related".

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Defamatory or Abusive Language

Using NavalAviator.Net, Inc.’s network as a means to transmit or post defamatory, harassing, abusive, or threatening language.

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Forging of Headers

Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

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Illegal or Unauthorized Access to Other Computers or Networks

Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).

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Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities

Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.

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Facilitating a Violation of this AUP

Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.

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Export Control Violations

Exporting encryption software over the Internet or otherwise, to points outside the United States.

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Usenet Groups

NavalAviator.Net, Inc. reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

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Other Illegal Activities

Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.

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Other Activities

Engaging in activities, whether lawful or unlawful, that NavalAviator.Net, Inc. determines to be harmful to its clients, operations, reputation, goodwill, or customer relations.

As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the client. NavalAviator.Net, Inc. will not, as an ordinary practice, monitor the communications of its client to ensure that they comply with NavalAviator.Net, Inc. policy or applicable law. When NavalAviator.Net, Inc. becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down individual service, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.

NavalAviator.Net, Inc. also is concerned with the privacy of on-line communications and web sites. 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, NavalAviator.Net, Inc. urges its clients to assume that all of their on-line communications are insecure. NavalAviator.Net, Inc. cannot take any responsibility for the security of information transmitted over NavalAviator.Net, Inc.’s facilities.

NavalAviator.Net, Inc. will not intentionally monitor private electronic mail messages sent or received by its clients unless required to do so by law, governmental authority, or when public safety is at stake. NavalAviator.Net, Inc. may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, NavalAviator.Net, Inc. may disclose information, including but not limited to, information concerning a client, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. NavalAviator.Net, Inc. assumes no obligation to inform the client that client information has been provided and in some cases may be prohibited by law from giving such notice. Finally, NavalAviator.Net, Inc. may disclose client information or information transmitted over its network where necessary to protect NavalAviator.Net, Inc. and others from harm, or where such disclosure is necessary to the proper operation of the system.

Wehope this AUP is helpful in clarifying the obligations of Internetusers, including NavalAviator.Net, Inc. and its clients, as responsiblemembers of the Internet. Any complaints about a client's violationof this AUP should be sent to admin@navalaviator.net.

UCE/SPAMPolicy

Theabuse and misuse of e-mail is a serious problem, and NavalAviator.Net, Inc. will not tolerate it.

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Definitionof UCE (Unsolicited Commercial E-mail), or SPAM:
  • The bulk UCE, promotional material, or other forms of solicitation sent via e-mail that advertise any IP address belonging to NavalAviator.Net, Inc. or any URL (domain) that is hosted by NavalAviator.Net, Inc..
  • Unsolicited postings to newsgroups advertising any IP or URL hosted by NavalAviator.Net, Inc..
  • The use of webpages set up on ISPs that allow SPAM-ing (also known as "ghost sites") that directly or indirectly reference customers to domains or IP addresses hosted by NavalAviator.Net, Inc..
  • Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to facilitate a means to SPAM.
  • Forging or misrepresenting message headers, whether in whole or in part, to mask the true origin of the message.

Forfurther information on mail abuse, please visit the MailAbuse Prevention System (MAPS) website.

Repercussionsof SPAM:

Acrossthe Web, it is generally accepted that SPAM is an inconsiderateand improper business practice.

NavalAviator.Net, Inc.:

SPAM is not only harmful because of its negative impact on consumer attitudes toward NavalAviator.Net, Inc., but also because it can overload NavalAviator.Net, Inc.’s network and resources, especially on our shared (virtual) server environments.

OurProviders:

Sinceit is unsolicited, users who receive SPAM often become angry andsend complaints to our upstream providers. This upsets our providerswho abhor SPAM for the same reasons that NavalAviator.Net, Inc. does -it causes negative consumer attitudes and drains resources. We striveto maintain favorable business relationships in the Web communityand obviously will not allow any practice that threatens these relationships.

PunishmentFor SPAM:

NavalAviator.Net, Inc. reserves the right to terminate, without warning, any accountthat violates this policy. Usage of NavalAviator.Net, Inc. services constitutesacceptance and understanding of this policy.

NavalAviator.Net, Inc. may, at its option, charge $25.00 per SPAM complaint we receive. These are non-refundablecharges and will be invoiced at the time of complaint notification.

NavalAviator.Net, Inc. reserves the right to decide what it considers "SPAM","UCE", "mail bombing", or "bulk e-mail",and to determine from all of the evidence whether or not the e-mailrecipients were from an "opt-in" e-mail list.

Shouldyou choose to e-mail from NavalAviator.Net, Inc. servers, especially ifyou use mailing lists, you must read and adhere to the followingguidelines, which are offered as a statement of Internet standardsand best current practices for proper mailing list management andpreventing e-mail abuse.

BasicMailing List Management Principles for Preventing Abuse

Mailinglists are an excellent vehicle for distributing focused, targetedinformation to an interested, receptive audience. Consequently,mailing lists have been used successfully as a highly effectivedirect marketing tool.

Unfortunately,some marketers misuse mailing lists through a lack of understandingof Internet customs and rules of the forum pertaining to e-mail.Others fail to take adequate precautions to prevent the lists theymanage from being used in an abusive manner.

  1. The e-mail addresses of new subscribers must be confirmed or verified before mailings commence. This is usually accomplished by means of an e-mail message sent to the subscriber to which s/he must reply, or containing a URL which s/he must visit, in order to complete the subscription. However it is implemented, a fundamental requirement of all lists is the verification of all new subscriptions.
  2. Mailing list administrators must provide a simple method for subscribers to terminate their subscriptions, and administrators should provide clear and effective instructions for unsubscribing from a mailing list. Mailings from a list must cease promptly once a subscription is terminated.
  3. Mailing list administrators should make an "out of band" procedure (e.g., a means of contact by which messages may be sent for further correspondence via e-mail or telephone) available for those who wish to terminate their mailing list subscriptions but are unable or unwilling to follow standard automated procedures.
  4. Mailing list administrators must ensure that the impact of their mailings on the networks and hosts of others is minimized by proper list management procedures such as pruning of invalid or undeliverable addresses, or taking steps to ensure that mailings do not overwhelm less robust hosts or networks.
  5. Mailing list administrators must take adequate steps to ensure that their lists are not used for abusive purposes. For example, administrators can maintain a "suppression list" of e-mail addresses from which all subscription requests are rejected. Addresses would be added to the suppression list upon request by the parties entitled to use the addresses at issue. The purpose of the suppression list would be to prevent subscription of addresses appearing on the suppression list by unauthorized third parties. Such suppression lists should also give properly authorized domain administrators the option to suppress all mailings to the domains for which they are responsible.
  6. Mailing list administrators must make adequate disclosures about how subscriber addresses will be used, including whether or not addresses are subject to sale or trade with other parties. Once a mailing list is traded or sold, it may no longer be an opt-in mailing list. Therefore, those who are acquiring "opt-in" lists from others must examine the terms and conditions under which the addresses were originally compiled and determine that all recipients have in fact opted-in specifically to the mailing lists to which they are being traded or sold.
  7. Mailing list administrators should make adequate disclosures about the nature of their mailing lists, including the subject matter of the lists and anticipated frequency of messages. A substantive change in either the subject matter or frequency of messages may constitute a new and separate mailing list requiring a separate subscription. List administrators should create a new mailing list when there is a substantive change in either the subject matter or frequency of messages. A notification about the new mailing list may be appropriate on the existing mailing list, but existing subscribers should never be subscribed automatically to the new list. For example, if Company A acquires Company B, and Company B has compiled opt-in mailing lists, Company A should not summarily incorporate Company B's mailing lists into its own.

*This SPAM (UCE) Accepted Use Policy and all other NavalAviator.Net, Inc. policies are subject to change by NavalAviator.Net, Inc. without notice. Continued usage of the services after a change to this policy is implemented and posted on the NavalAviator.Net, Inc. site constitutes your acceptance of such change or policy. We encourage you to regularly check the NavalAviator.Net, Inc. site for any changes or additions. Visit our Terms & Conditions for further information regarding our policies.

 

 

 

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