TrekSimms.Org's primary objective is to value and support our active contracts wherever, whenever and however possible. Our management will provide you with the highest level of attention and dedication to all of our subscribers.

In pursuit of our primary objective, TrekSimms.Org agrees to deliver the agreed upon services, as declared in the “Contract” confirmation, to our customers at the time of activation, subject to the following Terms of Use (hereafter referred to as TOU).

In addition, the use of TrekSimms.Org service(s) through a contract constitutes an unconditional acceptance of and agreement to TrekSimms.Org's TOU. TrekSimms.Org reserves the right to change or modify the TOU at any time without notice.

Contract boundaries

This is a contract between you and the Treksimms organization. Sometimes the Treksimms organization is referred to as "TrekSimms," "TrekSimms.Org," "we," "us" or "our". This contract applies to any Treksimms organization services, including updates, that you use while this contract is in force. All of the software or services are referred to in this contract as the "service." Please note that we do not provide warranties for this service. The contract also limits our liability.

Adult Content

Subscribers of TrekSimms.Org’s services are prohibited from storing or posting adult content, or links to adult content, through the subscribed service. All material of pornographic nature is considered adult content. Online image galleries whose primary purpose is the public display of fine art or artistic mediums are not considered to be adult content.

Images

Unless otherwise noted, images and video on TrekSimms.Org web sites may be used for any purpose without prior permission, subject to the special cases noted below. Publishers who wish to have authorization may print this page and retain it for their records; TrekSimms does not issue image permissions on an image by image basis.

By electing to use images from this web site the user agrees:

1. that TrekSimms makes no representations or warranties with respect to ownership of copyrights in the images, and does not represent others who may claim to be authors or owners of copyright of any of the images, and makes no warranties as to the quality of the images. TrekSimms shall not be responsible for any loss or expenses resulting from the use of the images, and you release and hold TrekSimms harmless from all liability arising from such use.

2. to use a credit line in connection with images. Unless otherwise noted in the caption information for an image, the credit line should be "Courtesy TrekSimms.Org."

3. that the endorsement of any product or service by TrekSimms.Org must not be claimed or implied.

Special Cases:

* Prior written approval must be obtained to use the TrekSimms logo [ Located in the top, left hand corner ]. This image may not be used by persons who are not TrekSimms administrators or on web pages that are not TrekSimms sponsored. In addition, no image may be used to explicitly or implicitly suggest endorsement by TrekSimms. Requests to use TrekSimms logos may be directed to the main administrator: admin1 [at] trekismms [dot] org
* Prior written approval must be obtained to use the TrekSimms logo. Requests to use the TrekSimms logo may be directed to: admin1 [at] trekismms [dot] org
* If an image includes an identifiable person, using the image for commercial purposes may infringe that person's right of privacy or publicity, and permission should be obtained from the person. TrekSimms generally does not permit likenesses of TrekSimms persona. Requests for use should use the points of contact listed above.

Prohibited Scripts and Applications

TrekSimms.Org strictly prohibits the use of certain scripts such as IRC, Proxy, SSH, Telnet, or any other script which may overwhelm server resources due to the inherent nature of the script itself or by defect in the coding of the script. If a user script is found to be in violation of this clause, or is found to be overwhelming system resources, the user may be requested to remove the script, or in cases of system resource abuse, it may be removed without prior warning and/or the contract may be suspended for further review.

In using the service, you may not:

*use the service in a way that harms us or our existing customers (collectively, the "TrekSimms.Org parties"), or any customer of a Treksimms party;
*engage in, facilitate, or further unlawful conduct;
*use any portion of the service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages ("spam");
*use any automated process or service to access and/or use the service (such as a BOT, a spider, periodic caching of information stored by Treksimms, or "meta-searching");
*use any unauthorized means to modify or reroute, or attempt to modify or reroute, the service;
*damage, disable, overburden, or impair the service (or the network(s) connected to the service) or interfere with anyone's use and enjoyment of the service; or
*resell or redistribute the service, or any part of the service.

Contract Activation

You may start using the service as soon as you have finished the sign-up process. No withdrawal right or other "cooling off" period applies to the service and you waive any applicable "cooling off" period, except if the law requires a "cooling off" period despite your waiver and even when a service starts right away.

In using the service, you will:

*obey the law;
*obey any codes of conduct or other notices we provide;
*obey the Treksimms Anti-spam Policy, which is available here.
*keep your service account password secret; and
*promptly notify us if you learn of a security breach related to said service.

Contract Account

Only you may use your service account. You are responsible for all activity that takes place with your service account. You may not authorize any third party to access and/or use the service on your behalf.

Internet Access Service

This service does not include Internet access as you are responsible for paying the fees charged by your Internet access provider.

Your Materials

You may be able to upload materials for use in connection with the service. Except for material that we license to you, we do not claim ownership of the materials you post or otherwise provide to us related to the service (called a "submission").

However, by posting or otherwise providing your submission, you are granting to the public free permission to:

* use, copy, distribute, display, publish and modify your submission, each in connection with the service;

* publish your name in connection with your submission; and

* grant these permissions to other persons.

This section only applies to legally permissible content and only to the extent that use and publishing of the legally permissible content does not breach the law. We will not pay you for your submission. We may refuse to publish, and may remove your submission from the service at any time. For every submission you make, you must have all rights necessary for you to grant the permissions in a copy rights section you must create.

Privacy

In order to operate and provide the service, we collect certain information about you. We use and protect that information as described in the privacy policy. In particular, we may access or disclose information about you, including the content of your communications, in order to:
(a) comply with the law or respond to lawful requests or legal process;
(b) protect the rights or property of Treksimms or our customers, including the enforcement of our agreements or policies governing your use of the service; or
(c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of Treksimms employees, customers or the public.

We may use technology or other means to protect the service, protect our customers, or stop you from breaching this contract. These means may include, for example, filtering to stop spam or increase security. These means may hinder or break your use of the service.

Software

If you receive software from us as part of the service, your use of that software is under the terms of the license that is presented to you for acceptance for that software. If there is no license presented to you, or unless otherwise stated in this contract, then we grant you the right to use the software only for the authorized use of the service on that site stated in your service offer. We reserve all other rights to the software.

We may randomly and automatically check your version of the software. We may automatically upload upgrades to the software to your site to update, enhance and further develop the service.

Unless we notify you otherwise, your license to use the software will end on the date your service ends, and we will promptly remove the software.

You will not disassemble, decompile, or reverse engineer any software included in the service, except and only to the extent that the law expressly permits this activity.

Support Boundaries

Use of TrekSimms.Org services requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of subscriber's website.

Website development, consulting, programming and debugging are beyond the free hosting support services. The subscriber agrees that he or she has the necessary knowledge to create and maintain their website and agrees that it is not the responsibility of TrekSimms.Org to provide this knowledge or service.

TrekSimms.Org provides limited technical support for services only to its active contracts. We limit our technical support to our area of expertise. TrekSimms.Org does not provide technical support for the subscriber’s customers.