Terms of Service
This week's star is the squirrel
Squirrels can burrow or chew into just about anything. They have caused dam failures, major power outages, and taken down NASDAQ twice. Squirrels are omnivorous but can't digest cellulose. Some squirrels have been known to kill and eat other animals, including a chicken and a snake. They can be trained to do tricks, eat from your hand, and be kept as pets. Squirrel meat is highly regarded in some parts of the US and Britain, although the American Heart Association says it is high in cholesterol :) And just try keeping them out of your bird feeders.
The following terms and conditions govern your use of any and all services provided by the Pixin Community Access Unix System, hereafter referred to as the "System". By applying for an account, you acknowledge that you have read and agreed to these Terms of Service (hereafter called the "Terms").
You may not accept the Terms unless you are of legal age to enter into a binding contract, and have the authority to do so on behalf of your organization (if applicable).
1. Provision of ServicesYou acknowledge that System is a private server provided at no cost to you by a private citizen as a community service. No business relationship is expressed or implied by your use of the System.
You acknowledge that all services are provided on a best-effort basis. There are no guarantees of uptime or quality of service.
You acknowledge and agree that limits on storage space, throughput, page "hits", or any other measure may be imposed, removed, or changed without prior notice to you by the administrators of the System.
You warrant that you do not already have an account on the System, and that you do not have pending account application.
2. Use of Your Personal InformationCertain information is collected during account registration, including your name, address, telephone number and email address. This information will only be used to identify individuals for the purposes of granting access, and to contact account holders. Your information will never be given or sold to any third party, with the exception of law enforncement agencies with a valid court order.
In return for providing you with services on the System, you agree to keep your contact information accurate and up-to-date at all times through any available mechanism provided by the System.
3. Lawful and Ethical UseThe System is provided to you as a community service and may only be used for lawful and ethical purposes. You agree to use the System only as intended.
You acknowledge that you will not engage in any activity that would impair or disrupt use of the System, or any connected network or host, by others. You agree not to circumvent or attempt to circumvent any access controls or limits imposed by the System.
You agree to refrain from running servers or background processes while you are not logged in to the shell without the express written consent of the System Administrator. You may not create additional access paths into the System. This includes, but is not limited to, port forwarding with "ssh -R", MUDs, talkers, IRC servers, bouncers, backdoor shells, torrent servers, web servers, etc etc. (If you are legitimately developing or testing an application that binds to a port, please limit it to listening on localhost.)
"Spam" of any type is prohibited. You may not use your System account to send unsolicited emails of a commercial or fraudulent nature, including, but not limited to, "phishing" scams, emails that appear to come from another organization or user, and any bulk email other than to an approved subscription- based mailing list. Furthermore, you may not post these types of messages to Usenet newsgroups or use your account to post these types of messages to online forum systems. Any violation of this policy is grounds for account termination.
4. Account SecurityYou acknowledge and agree that you are solely responsible for the security of your account and all activities that occur under your account. Please choose a strong password and keep it confidential.
You agree to notify the administrator of the System of any suspected unauthorized use of your account without delay.
Backups are your own responsibility.
5. ContentYou acknowledge and agree that you own the copyright or have the right to post any images, audio files, program code in binary or source, or any other materials that you publish on your account's personal web space. Furthermore, you acknowledge that all materials posted by users are the responsibility of those users.
You acknowledge that other users may post content that you find objectionable. The System administrators reserve the right, but have no obligation, to pre-screen, review, modify, refuse to host, or remove any or all content from an account holder. You may not host adult content (porn) on your personal web space. We just don't have that kind of bandwidth.
It is the policy of the System administrators to remove material that violates copyright or patent laws when properly notified.
Some services are supported partially by advertising. You agree that you will not place competing advertising on your own web pages. If you would like to place ads on your own web content, you must first obtain an agreement in writing (an email is sufficient) from the System administration.
6. TerminationYou understand that the System administrator may terminate an account at any time at his sole discretion, without prior notice. The System operators reserve the right to deny service. Furthermore, you acknowledge and agree that, if your account is terminated, you may be unable to access the contents of your account.
Should you wish to terminate this agreement, you may notify the System administrator that you would like your account deleted. (Please retrieve all files you would like to keep first.)
You further acknowledge that services are provided at the sole discretion of the System operators and that such services may be altered, restricted, or discontinued at any time without prior notice.
7. No WarrantyYOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND AS AVAILABLE. IN PARTICULAR, WE DO NOT REPRESENT OR WARRANT TO YOU THAT:
- YOUR USE OF THE SYSTEM WILL MEET YOUR REQUIREMENTS,
- YOUR USE OF THE SYSTEM WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
- THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SYSTEM WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
THE SYSTEM OPERATORS FURTHER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
8. Limitation of LiabilityYOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SYSTEM OPERATORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.
9. Changes and AmendmentsThis document may be amended from time to time. A notice of the change will be posted in the "message of the day" for shell logins, and on the "start page" at www.pixin.net. By continuing to use the System, you accept and agree to the revised Terms of Service.
Last Updated: May 9 2008