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SEADIVER MEMBERSHIP

Please make sure you have read our Privacy Policy and Terms of Service, and that you understand exactly what you are joining, and the rules and conditions contained therein.
If you have any Mail Controls or Spam Filters, please view our Spam-Filters page for additional instructions before you proceed.
                SEADIVER MEMBERSHIP - TERMS OF SERVICE

<p style="text-align: left"><span style="font-weight: bold">RULES</span><br />
You are responsible for abiding by the rules set forth in the paragraphs below. Any violation of the terms set forth below may result in immediate suspension and/or termination of all services currently being provided.
</p>

<p style="text-align: left"><span style="font-weight: bold">SEADIVER</span><br />
We offer our customers the means to acquire and disseminate a wealth of public, private,commercial and non-commercial information. We also want our customers to be fully informed of their rights and obligations -- and ours -- in connection with their use of the Internet. This Network Access Policy, which supplements and explains certain terms of each customer's respective services agreement (<b>Terms of Service Agreement</b>), is intended as a plain English guide to those rights and obligations.</p>

<p style="text-align: left"><span style="font-weight: bold">INTERNET FACTS</span><br />
The fundamental fact about the Internet is that no one --neither us, nor anyone else -- 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, both in the information they acquire and in the information they disseminate to others. When customers obtain information through the Internet, they must keep in mind that we cannot monitor, verify, warrant or vouch for the accuracy and quality of the information that customers may acquire. For this reason, the customer must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because we cannot monitor and censor the Internet, and will not attempt to do so, we cannot accept any responsibility for injury to our customers that results from inaccurate, unsuitable or offensive Internet communications.</p>

<p style="text-align: left"><span style="font-weight: bold">UNACCEPTABLE ACTIVITIES</span><br />
When customers disseminate information through the Internet, they also must keep in mind that we do not review, edit, censor or take responsibility for any information our customers may create. This places on customers what will be, for most, an unfamiliar responsibility. 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 our facilities and may reach a large number of people, including both customers and non-customers of ours, customers 'postings to the Internet may affect other customers and may harm our goodwill, business reputation and operations. For these reasons, customers violate our policy and the Services Agreement when they, their affiliates or subsidiaries engage in the following activities:</p>

<p style="text-align: left"><span style="font-weight: bold">COPYRIGHT VIOLATION</span><br />
Engaging in activity that infringes or misappropriates the Intellectual Property rights of third parties, including copyrights, trademarks, service marks, trade secrets, software piracy and patents and other similar rights held by third parties shall result in termination of all "subscribers" privileges on the "SEADIVER" system.</p>

<p>All Materials are protected by copyright, and owned or controlled by the Company or the parties credited in the copyright notices within the Materials.  You shall abide by all additional copyright restrictions contained in any Materials accessed through the Site. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Materials in whole or in part, except as otherwise provided for in this Agreement. You agree that any copy of the Materials that you make or have in your possession shall be unaltered and shall retain all copyright and other proprietary notices contained therein. All information and software provided through the Site is and shall remain the sole and exclusive property of the Company or the parties credited in the copyright notices within the Materials.</p>

<p>Causing the Site to be displayed in a frame of another website is forbidden. Posting of any Materials from this Site on any other website, or otherwise distributing any of the Materials from this Site is forbidden except as otherwise provided for in this Agreement.</p>

<p>The Company may from time to time in its sole discretion publish E-Cards which may be viewed, sent by e-mail to third parties, or downloaded from the Site.  The Company may further determine that certain of these E-Cards are exclusively for the use of Members.</p>

<p>The Company may further vary from time to time in its sole discretion the Materials and other features of the site available to Members and non-Members.</p>

<p style="text-align: left"><span style="font-weight: bold">HOW TO CLAIM A COPYRIGHT INFRINGEMENT</span><br />
Pursuant to 17 U.S.C. 512(c) (2), all notifications of claimed copyright infringement on the "SEADIVER" system or Web sites should be sent to our Network Administrator at admin@seadiver.net and shall include the following information:<br /><br />
 
A:  a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf.<br /><br />

B:  identification of the copyrighted work(s) claimed to have been infringed.<br /><br />
 
C:  identification of the material claimed to infringe the copyrights(s), reasonably sufficient to enable "SEADIVER" to locate the material in order to remove the material or disable access.<br /><br />
 
D:  information reasonably sufficient to allow "SEADIVER" to contact the complaining party (including name, address, phone number, and e-mail address).<br /><br />
 
E:  statement that the complaining Claimant has a "good faith belief that use of the material in the manner complained of is not authorized by the copyright [holder], its agent or the law." <br /><br />
 
F:  statement that the information in the notice is accurate, and under PENALTY OF PERJURY, that the complaining party is authorized to act on behalf of the copyright owner. 
 
<p style="text-align: left"><span style="font-weight: bold">NOTE:  UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY SEADIVER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OR A MISREPRESENTATION.  IN ADDITION, YOU MAY ALSO BE SUBJECT TO CRIMINAL CHARGES FOR PERJURY, IN ACCORDANCE WITH APPLICABLE LAW.  SEADIVER PROSECUTES TO THE FULL EXTENT ALLOWABLE BY LAW.</span></b>

<p style="text-align: left"><span style="font-weight: bold">CUSTOMER SUPPORT</span><br />
SEADIVER promotes a mutually professional relationship with its customers. Obscene, abusive, threatening or otherwise harassing communications with agents of the Company, via telephone, email, online chat or other means will result in immediate account termination
notwithstanding any other terms of this agreement. Violation of this will result in refund ineligibility. </p>

<p style="text-align: left"><span style="font-weight: bold">DEFAMATION</span><br />
Defamatory speech distributed over the Internet can result in civil liability for the defamer and litigation against the Web Hosting Provider whose facilities were used to distribute the defamatory material. </p>

<p style="text-align: left"><span style="font-weight: bold">DISTRIBUTION OR TRANSMISSION OF OBSCENE, INDECENT SPEECH OR MATERIALS</span><br />
Distribution and/or Transmission of Obscene or Indecent Speech or Materials is a Violation of indecency and obscenity laws can result in criminal penalties. </p>

<p style="text-align: left"><span style="font-weight: bold">DISTRIBUTION OF INTERNET VIRUSES, WORMS, TROJAN HORSES AND THEIR DESTRUCTIVE ACTIVITIES</span><br />

Distribution of Internet viruses, worms, Trojan horses and other destructive activities, such as hacking,can result in serious civil and or criminal liability under federal and state law. </p>

<p style="text-align: left"><span style="font-weight: bold">EXPORT CONTROL VIOLATIONS</span><br />
The law limits the ability of persons to export encryption software, over the Internet or otherwise, to points outside the United States.</p>

<p style="text-align: left"><span style="font-weight: bold">ILLEGAL/UNAUTHORIZED ACCESS TO OTHER COMPUTERS OR NETWORKS</span><br />
The illegal or unauthorized accessing (often known as "hacking") of computers or networks carries potential civil and criminal penalties under both federal laws and the laws of most states.</p>

<p style="text-align: left"><span style="font-weight: bold">IMAGE REPOSITORY</span><br />
SEADIVER, and/or SEADIVER Hosting is not to be used as a software/image repository. This means you cannot use your account to store images that are pulled from another website. An example of this would be storing images to be pulled from an eBay auction site.</p>

<p style="text-align: left"><span style="font-weight: bold">SOFTWARE/SCRIPT SUPPORT</span><br />
Customer acknowledges that SEADIVER cannot provide technical support for any software and/or script that the Customer installs, other than variable name changes. Customer also acknowledges that SEADIVER does not supply technical support for Microsoft FrontPage, other than initial configuration. SEADIVER supplies technical support for webhosting issues only. SEADIVER shall be the sole arbiter as to what constitutes a "webhosting" issue.</p>

<p style="text-align: left"><span style="font-weight: bold">SPAMMING</span><br />
Unsolicited, commercial masse-mailing (known as "spamming") is a strongly disfavored practice among Internet users and web hosting providers. It is particularly harmful not only because of its negative impact on consumer attitudes toward us, but also because it can overload our equipment and disrupt service to our customers. This includes listing a hosted domain in any unsolicited email.</p>

<p style="text-align: left"><span style="font-weight: bold">INTERNET PRIVACY</span><br />
We also are concerned with the privacy of on-line communications. In general, the Internet is neither more nor less secure than other common communications media, including mail, facsimile and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, we urge our customers to assume that all of their on-line communications are insecure.</p>

<p style="text-align: left"><span style="font-weight: bold">COMMUNICATIONS RESPONSIBILITY</span><br />
We cannot take any responsibility for the security of communications transmitted over our facilities. We will comply fully,however, with all applicable laws concerning the privacy of our customers' on-line communications. In particular, we will not intentionally monitor or disclose any private electronic mail messages sent or received by our customers unless required to do so by law. We may, however, monitor our service electronically to determine that our facilities are operating satisfactorily. Also, we may be required to disclose information transmitted through our facilities in order to comply with court orders, statutes, regulations or governmental requests. Finally, we may disclose information transmitted over our facilities where necessary to protect us and our customers from harm, or where such disclosure is necessary to the proper operation of the system.</p>

<p style="text-align: left">We hope this Terms of Service Statement is helpful in clarifying the obligations of Internet users, including us and our customers, as responsible members of the Internet.</p>