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TERMS
OF SERVICE:
This
Agreement, is made and entered by Solutions Unlimited, ("Provider"),
and you, ("User").
Please
take special note of all bolded sections.
Intending
to be bound in accordance with the terms hereof, the parties
agrees as follows:
A.
Payment for Service
- User
agrees to pay the charges identified on order request
on or before the first (1st) day of each month following
execution of this agreement, together with any additional
charges, costs or assessments made by Provider under
the terms hereof.
- User
agrees that payment is considered past due if not received
by the fifth (5th) day of each month, after which User's
account will be subject to suspension. If User's account
is suspended for nonpayment, there will be an additional
$15 processing fee. Accounts more than 30 days past
due will be subject to termination and will be forwarded
to our Collections Department.
- User
agrees that any unpaid balance due hereunder shall bear
interest at the rate of 18% per annum, and that costs
of collection, including court costs and reasonable
attorney fees shall be added as principal amounts to
such balance.
- User
agrees to pay a $35 processing fee for any returned
checks or declined credit cards, for whatever reason,
and agrees they may be electronically reprocessed.
B.
Use of Service
- User
agrees to maintain its site in a manner consistent with
any and all applicable laws, regulations, acceptable
uses and standards in effect, or which become in effect,
during the term hereof.
- User
agrees to practice common courtesy in its use of the
site, and to refrain from using any distribution lists
for electronic mail or other techniques for unsolicited
mass mailing.
C.
Service Disclaimers
- Provider
will take all steps reasonable, necessary and prudent
to protect against failure of its equipment and software.
User acknowledges and agrees that temporary interruptions
in service may occur, and that Provider shall have no
liability to User for any claim, cost, charge, loss
or expense arising from or relating to use of the website.
- User
acknowledges and agrees that data may be lost or corrupted
in connection with use of the website. User is responsible
for the backing up of all data stored on Provider's
equipment. Provider is not responsible for loss
to User's data.
- Provider
reserves the right to alter the access procedure and
its vendor relations without notice to, or authority
from the User.
- Provider
reserves the right to change prices and/or account features
without prior notice.
D.
Term and Termination
- This
agreement shall have an initial term of one month from
the date of execution hereof, unless otherwise specified
by sign up request. Upon expiration of such term, this
agreement shall automatically renew for successive equivalent
periods, unless notice is given by either party of its
intent to terminate the agreement, at least one (1)
week prior to the scheduled termination date. All terms
and conditions of this agreement shall be in full force
and effect during all original and renewal periods hereunder.
If User does not notify Provider of cancellation
request in writing at least 7 days in advance
of date of execution, the User will be responsible for
the payment due for the next equivalent period.
- Provider
reserves the right to terminate this agreement, and
to delete the website from its hardware, immediately
upon the occurrence of any of the following events:
a. Non payment of any charges due from User.
b. Breach of any term or condition of this agreement
by User.
c. Commencement of any lawsuit or proceeding against
User arising from or relating to its use of the website,
whether or not such suit names Provider as a party or
seeks and recovery from Provider.
E.
Indemnification of Provider/Relationship of Parties
- User
agrees to indemnify and hold Provider harmless from
any lawsuit, claim, charge, or expense, including reasonable
attorney fees and costs of defense, for any matter arising
from or relating to User's website provided hereunder.
- Nothing
contained herein shall be deemed to create a relationship
between the Provider and User in the nature of a partnership,
joint venture, editor/publisher or otherwise. Both parties
acknowledge and agree that Provider has no interaction
with the data or substance of User's website, except
as necessary to maintain the website.
F.
Security/Software
- User
agrees to take all steps reasonable, necessary, and
prudent to protect User's login id and password.
- User
agrees not to attempt to undermine or cause harm to
any server or customer of Provider.
- User
acknowledges that Provider cannot provide free
technical support for any software and/or script that
the User installs, other than variable name changes.
- User
acknowledges that Provider cannot provide technical
support for Microsoft FrontPage, other that initial
configuration.
G.
Content
- The
Provider believes in freedom of speech. As long as the
User's content does not break any Federal, State, or
local laws it will be allowed to exist on the User's
website.
- User
is responsible for any content they place on their web
site, or any content they allow via anonymous ftp.
- If
the User wishes to have an adult oriented site, or a
site dealing with hacking and "warez", the
User must place a disclaimer on the Users main page
stating that User's views and content no way reflect
the views or beliefs of the Provider, and the Provider
is not responsible for anything on the User's pages
and/or anonymous ftp.
- Although
the Provider will never sell the personal information
of the User, the Provider will fully cooperate will
all law enforcement if a User has suspected of having
broken Federal, State, or local law.
- The
Provider reserves the right to remove any page(s) at
any time..
H.
Commercial Advertising - E-mail:
- Spamming
(the sending of unsolicited e-mail or messages) is STRICTLY
prohibited.
- User
will be billed $150.00 cleanup fee for EACH instance
of spam that gets reported to the Provider.
- None
of the following will be tolerated and are considered
a violation of above spam policy:
- The sending of any unsolicited e-mail mentioning an
e-mail address for any domain hosted by the Provider.
- The sending of any unsolicited e-mail mentioning a
domain hosted by the Provider.
- The sending of any unsolicited e-mail mentioning an
IP address hosted by the Provider.
- The posting of references to adult sites to non-adult
newsgroups.
- The posting of advertisements on IRC, ICQ, or any
other public chat system.
- The cross-posting of the same message to multiple
newsgroups.
- Provider
will be the sole arbiter as to what constitutes a violation
of this provision.
I.
Scope of Agreement
- This
agreement must be honored by all sub domains, domains
and dedicated servers of the Provider.
- Violation
of any terms or conditions is grounds for immediate
account deactivation, with no refunds given. We reserve
the right to remove any account without prior notice.
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