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SitePlus agrees to provide and User agrees to receive access to the SitePlus services according to the following

  1. All provisions of SitePlus Terms and Conditions apply to the User's Principal Account and Associate Accounts billed to the Principal Account.
  2. The benefits or rights conferred by this agreement are non transferable. Use of SitePlus accounts is expressly limited to the individual or business whose name appears on the account
  3. User agrees to use the service in manner consistent with any and all applicable laws. In the event that this account is not used in accordance with all Applicable Laws including, but not limited to Local, State or Federal Laws, SitePlus reserves the right to cooperate with all or any law enforcement agencies.
  4. User agrees to follow the Acceptable Use Policy of any network user connects to, including SitePlus system.
  5. If User is less than 18 years of age, Agreement must be signed by a parent or legal guardian, who is responsible for all charges related to use of User's account(s).
  6. User is responsible for all use of User's account(s) and confidentially of password(s). SitePlus will suspend access or change access to User's account(s) immediately upon notification by User that his her password has been lost, stolen or otherwise compromised. SitePlus is not liable for any usage and or charges prior to SitePlus making the necessary account alteration.
  7. Use of SitePlus service 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 Client's Webspace by the Client. The following examples are offered: Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, imagemapping, etc. FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc. Auto-responders: a knowledge of Procmail auto-responder features, forwarding mail, use of mail clients to receive and send mail, etc. (The Client agrees that he or she has the necessary knowledge to create their Webspace. Client agrees that it is not the responsibility of SitePlus to provide this knowledge or Customer Support outside matters specific to SitePlus servers.)
  8. User agrees to pay SitePlus all charges relating to the use of User’s account(s) according to rates and prices stated on said sales order at the time of commencement.
  9. User is responsible for charges at the time the service is used and agrees to pay such charges according to the posted payment policy..
  10. SitePlus reserves the right to change prices on 30 days notice published Online.
  11. SitePlus reserves the right to suspend access to service for User's account(s) upon an indication of credit problems including delinquent payments or returned checks.
  12. The SitePlus service is provided on an "as is, as available" basis. No warranties, Expressed or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, are made with respect to SitePlus or any information or software therein. This in no way includes any reimbursement for losses of income due to disruption of service by SitePlus or its providers. Under no circumstances, including negligence, shall SitePlus, its offices, agents or any one else involved in creating, producing or distributing SitePlus Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the SitePlus Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God or Nature, communication failure, theft, destruction or unauthorized access to SitePlus records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on SitePlus Server service.
  13. Neither SitePlus nor its Information Providers are responsible for any damages arising from User’s use of SitePlus or by User's inability to use SitePlus service.
  14. SitePlus reserves to right to change without notice the SitePlus service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors and services offered.
  15. SitePlus is not responsible for User’s personal files residing on SitePlus servers. User is responsible for independent backup of his her data stored on SitePlus servers.
  16. Client is allowed to resell the storage and transfer services provided by SitePlus. Client agrees to handle and is responsible for all third-party customer’s content, support, set-up and maintenance. SitePlus agrees to Reseller pricing as published, provided that client has at least one other Super Domain, or Webmaster/Reseller account with SitePlus. Client agrees to having the necessary additional knowledge and skill level for the reselling services provided. The Client’s clients shall not contact SitePlus under any circumstances.
  17. SitePlus reserves the right to delete User's personal files after one or both parties terminates agreement.
  18. SitePlus reserves the right in its sole discretion to delete any information entered into SitePlus by User. SitePlus and its authorized representatives shall have the right, but shall not be obligated, to edit publicly viewable information.
  19. User hereby agrees that any material submitted for publication on SitePlus through user’s account(s) does not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene or libelous. Software intended to facilitate any such violations or infringements may not be stored on SitePlus servers.
  20. The Client agrees to reasonable server CPU, memory, as well as bandwidth use to be determined by SitePlus.
  21. SitePlus, at its sole business judgment, may terminate this membership Agreement immediately or suspend User's access to the service upon any breach of this membership Agreement by User, including, but not limited to, refusal or failure to pay for services provided or by sole judgment of SitePlus that User may be performing activities harmful to SitePlus or its Users, employees, vendors, business relationships or any other users of the Internet.
  22. The following violations of "netiquette" are grounds for immediate suspension of service pending investigation by SitePlus and will result in termination of the account(s) the investigation determines to have originated or transmitted these types of traffic.
    (a) Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., 20 or more) or continued posting of articles which are off-topic (e.g., off-topic according to the newsgroup charter or the article provokes complaints from the regular readers of the newsgroup for being off-topic).
    (b) Sending unsolicited mass emailings (i.e., to more than 25 users) which provoke complaints from the recipients.
    (c) Engaging in either (a) or (b) from a provider other than SitePlus and using an account on SitePlus as a mail drop for responses.
    (d) Continued harassment of other individuals on the Internet after being asked to stop by those individuals and by SitePlus.
    (e) Impersonating another user or otherwise falsifying one’’’'s user name in email, Usenet postings, on IRC, or with any other Internet service. (This does not preclude the use of nicknames in IRC or the use of anonymous remailer services.)
    (f) Use of IRC "bots" on SitePlus servers, is prohibited.
  23. Users whose accounts are terminated for any of the above infractions are also responsible for the cost of labor to cleanup and respond to complaints incurred by SitePlus.
  24. This document and the rights and duties of the parties shall be governed by and interpreted according to the laws of the United States and Canada.
  25. SitePlus may modify these terms and conditions upon notice published Online via SitePlus. User’s use of SitePlus services after such notice shall constitute User’s acceptance of the modifications to this Agreement.
  26. Non-enforcement of any section of this Agreement does not constitute consent and SitePlus reserves the right to enforce this Agreement at its sole discretion.
  27. If any one or more paragraphs in this Agreement is found to be unenforceable or invalid, User’s and SitePlus agreement on all other paragraphs shall remain valid.
  28. Yearly Dues must be paid on a timely basis to maintain User’s membership privileges. Dues charges will continue regardless of your use unless and until you notify us in writing that you wish to cancel your membership at the end of your contracted period.
  29. When paying by check, User expressly authorizes SitePlus to debit User’s checking account for the amount of a check returned unpaid by User’s bank, plus up to a $25 returned check fee.
  30. The User is in default of this Contract if:
    1. Any User covered by this contract fails to obey any present or future SitePlus rule or regulation; or
    2. We do not receive a payment on or before its due date; or
    3. Any material statement by the User in this contract is false.
  31. Failure to use this account(s) does not relieve the User of payment obligations.
  32. In the event the User defaults on this contract, SitePlus may suspend or revoke the User’s membership privileges without refund and the User may have to reapply for membership at the price SitePlus is charging to new members. The User agrees to pay SitePlus attorney’s fees and court costs in collecting the amount remaining in the User’s contract as stated in the sales order.
  33. Communication systems are subject to degradation of service from phenomena such as so-called "Line-Noise" interference and other causes beyond the reasonable control of SitePlus.
  34. SitePlus may assign this order, its rights here under and its ownership of said service and commitment at anytime without notice.
  35. In addition to any price specified herein, User shall pay the gross amount of any present or future sales, use, excise, value added or other similar taxes applicable to the price, sales or delivery of any products or services furnished here under or to their use by customer.
  36. SitePlus reserves the right to terminate or change priority of any process started by said user.
  37. SitePlus reserves the right to collect damages (software, hardware & man hours) if any harm is done to SitePlus which requires repair or reconfiguration of any kind.
  38. SitePlus may offer credits to users who refer additional users who sign up for and keep SitePlus accounts through at least one billing cycle, provided that the new users signing up mention at the time of signup the username of the user who referred them.
  39. This agreement, User account, and billing will automatically renew unless canceled in writing 30 days prior to the renewal date.