Terms of Service

Terms of Service:

The following terms and conditions govern all use of the portiawebsolutions.com website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by Portia Web Solutions ("Portia Web Solutions"). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Portia Web Solutions's Privacy Policy) and procedures that may be published from time to time on this Site by Portia Web Solutions (collectively, the "Agreement").

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Portia Web Solutions, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

1. Your portiawebsolutions.com Account and Site. If you create a blog/site on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Portia Web Solutions may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Portia Web Solutions liability. You must immediately notify Portia Web Solutions of any unauthorized uses of your blog, your account or any other breaches of security. Portia Web Solutions will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
   • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
   • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
   • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
   • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
   • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
   • the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
   • your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
   • your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog's URL or name is not the name of a person other than yourself or company other than your own; and
   • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Portia Web Solutions or otherwise.

   By submitting Content to Portia Web Solutions for inclusion on your Website, you grant Portia Web Solutions a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, Portia Web Solutions will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

   Without limiting any of those representations or warranties, Portia Web Solutions has the right (though not the obligation) to, in Portia Web Solutions's sole discretion (i) refuse or remove any content that, in Portia Web Solutions's reasonable opinion, violates any Portia Web Solutions policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Portia Web Solutions's sole discretion. Portia Web Solutions will have no obligation to provide a refund of any amounts previously paid.

3. Payment and Renewal.
   • General Terms.
     By selecting a product or service, you agree to pay Portia Web Solutions the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
   • Automatic Renewal.
     Unless you notify Portia Web Solutions before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to Portia Web Solutions in writing.
4. Services.
   • Fees; Payment. By signing up for a Services account you agree to pay Portia Web Solutions the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Portia Web Solutions reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on thirty (30) days written notice to Portia Web Solutions.
   • Support. If your service includes access to priority email support. "Email support" means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Portia Web Solutions to respond within one business day) concerning the use of the VIP Services. "Priority" means that support takes priority over support for users of the standard or free portiawebsolutions.com services. All support will be provided in accordance with Portia Web Solutions standard services practices, procedures and policies.
5. Responsibility of Website Visitors. Portia Web Solutions has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Portia Web Solutions does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Portia Web Solutions disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
6. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which portiawebsolutions.com links, and that link to portiawebsolutions.com. Portia Web Solutions does not have any control over those non-Portia Web Solutions websites and webpages, and is not responsible for their contents or their use. By linking to a non-Portia Web Solutions website or webpage, Portia Web Solutions does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Portia Web Solutions disclaims any responsibility for any harm resulting from your use of non-Portia Web Solutions websites and webpages.
7. Copyright Infringement and DMCA Policy. As Portia Web Solutions asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by portiawebsolutions.com violates your copyright, you are encouraged to notify Portia Web Solutions in accordance with Portia Web Solutions's Digital Millennium Copyright Act ("DMCA") Policy. Portia Web Solutions will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Portia Web Solutions will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Portia Web Solutions or others. In the case of such termination, Portia Web Solutions will have no obligation to provide a refund of any amounts previously paid to Portia Web Solutions.
8. Intellectual Property. This Agreement does not transfer from Portia Web Solutions to you any Portia Web Solutions or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Portia Web Solutions. Portia Web Solutions, portiawebsolutions.com, the portiawebsolutions.com logo, and all other trademarks, service marks, graphics and logos used in connection with portiawebsolutions.com, or the Website are trademarks or registered trademarks of Portia Web Solutions or Portia Web Solutions's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Portia Web Solutions or third-party trademarks.
9. Advertisements. Portia Web Solutions reserves the right to display advertisements on your blog unless you have purchased an ad-free account.
10. Attribution. Portia Web Solutions reserves the right to display attribution links such as 'Blog at portiawebsolutions.com,' theme author, and font attribution in your blog footer or toolbar.
11. Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner's terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
12. Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers ("ICANN"), including their Registration Rights and Responsibilities.
13. Changes. Portia Web Solutions reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Portia Web Solutions may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
    
14. Termination. Portia Web Solutions may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your portiawebsolutions.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Portia Web Solutions if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Portia Web Solutions's notice to you thereof; provided that, Portia Web Solutions can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
    
15. Disclaimer of Warranties. The Website is provided "as is". Portia Web Solutions and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Portia Web Solutions nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
16. Limitation of Liability. In no event will Portia Web Solutions, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Portia Web Solutions under this agreement during the twelve (12) month period prior to the cause of action. Portia Web Solutions shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
17. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Portia Web Solutions Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
18. Indemnification. You agree to indemnify and hold harmless Portia Web Solutions, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
19. Miscellaneous. This Agreement constitutes the entire agreement between Portia Web Solutions and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Portia Web Solutions, or by the posting by Portia Web Solutions of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the Vantaa, Finland, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Helsinki, Finland. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Helsinki, Finland, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Portia Web Solutions may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Content:
All services provided by Portia Web Solutions may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Nigeria,United Kingdom or USA (or any other country) law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, material that is “adult only” content, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless Portia Web Solutions from any claims resulting from the use of the service which damages the subscriber or any other party.

Adult Content:
Pornography and sex-related merchandising are prohibited on any server. This includes sexual content, or direct 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. Links to such materials are also prohibited. Portia Web Solutions will be the sole arbiter as to what constitutes a violation of this provision.

Examples of non-acceptable content or links:
– Pirated software
– Hacking programs or archives
– Warez Sites
– Porn
– Spamming Software

Background-running Programs:
We do not allow background-running programs. This includes any IRC related software such as bouncers and bots. In certain cases we may allow programs to run continually in the background, these are considered on a one to one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

Banned Scripts:
You are free to use any scripts you wish provided they do not affect the normal operations of the server and they are not mentioned specifically below. Scripts that are commonly known for causing server disruption include large cgi-based message forums, auctions, and banner exchanges. In the event a script affects normal server and/or administrative operations, Portia Web Solutions reserves the right to disable the account pending client cooperation and resolution.

Scripts we do not allow include:

– Chat servers/scripts of any kind are strictly prohibited.

– Formmail is not allowed on our servers.

You can use formmail scripts but they must be upto date and not running with the filename “formmail”. Any files named “formmail” will be deleted without notice.

Distribution and/or Transmission of Obscene or Indecent Speech or Materials:
Violation of indecency and obscenity laws can result in criminal penalties.

Intellectual Property Rights:
Material accessible to you through Portia Web Solutions’s Services may be subject to protection under any Nigeria,United Kingdom or USA (or any other country) copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the Portia Web Solutions Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Portia Web Solutions Network. If you use a domain name in connection with the Portia Web Solutions Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Network Security:
Customers may not use the Portia Web Solutions Network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization’s security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Portia Web Solutions will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

Defamation:
Defamatory speech distributed over the Internet can result in civil liability for the defamer.

Refusal of Service:
Portia Web Solutions reserves the right at its sole discretion to refuse or cancel service. Violation of any of Portia Web Solutions’s Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded. Free domains which have been granted for customers paying annually are released to the customer at the end of there hosting period. Domains terminated due to policy violations will not be released to the customer.

Spam Or Unsolicited E-Mail:
You must not use the Portia Web Solutions Network, Portia Web Solutions equipment or any Portia Web Solutions email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the Portia Web Solutions Network, Portia Web Solutions equipment or any Portia Web Solutions email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one’s email address accessible to the public will not constitute a request or invitation to receive messages.

If you are found to have spammed, Portia Web Solutions reserves the right to disable your domain without warning. In addition, Portia Web Solutions may impose a £100 penalty for each spam policy violation. Portia Web Solutions solely reserves the right to refuse or cancel service to known spammers. Lastly, Portia Web Solutions reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.

Abuse:
Any attempts to undermine, slander, libel, threaten, or cause harm to a Portia Web Solutions server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.