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SitePlus agrees to provide
and User agrees to receive access to the SitePlus
services according to the following
- All provisions of
SitePlus Terms and Conditions apply to the User's
Principal Account and Associate Accounts billed
to the Principal Account.
- 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
- 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.
- User agrees to follow
the Acceptable Use Policy of any network user
connects to, including SitePlus system.
- 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).
- 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.
- 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.)
- User agrees to pay
SitePlus all charges relating to the use of
Users account(s) according to rates and
prices stated on said sales order at the time of
commencement.
- User is responsible
for charges at the time the service is used and
agrees to pay such charges according to the
posted payment policy..
- SitePlus reserves the
right to change prices on 30 days notice
published Online.
- 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.
- 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.
- Neither SitePlus nor
its Information Providers are responsible for any
damages arising from Users use of SitePlus
or by User's inability to use SitePlus service.
- 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.
- SitePlus is not
responsible for Users personal files
residing on SitePlus servers. User is responsible
for independent backup of his her data stored on
SitePlus servers.
- Client is allowed to
resell the storage and transfer services provided
by SitePlus. Client agrees to handle and is
responsible for all third-party customers
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 Clients
clients shall not contact SitePlus under any
circumstances.
- SitePlus reserves the
right to delete User's personal files after one
or both parties terminates agreement.
- 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.
- User hereby agrees
that any material submitted for publication on
SitePlus through users 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.
- The Client agrees to
reasonable server CPU, memory, as well as
bandwidth use to be determined by SitePlus.
- 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.
- 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.
- 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.
- 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.
- SitePlus may modify
these terms and conditions upon notice published
Online via SitePlus. Users use of SitePlus
services after such notice shall constitute
Users acceptance of the modifications to
this Agreement.
- 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.
- If any one or more
paragraphs in this Agreement is found to be
unenforceable or invalid, Users and
SitePlus agreement on all other paragraphs shall
remain valid.
- Yearly Dues must be
paid on a timely basis to maintain Users
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.
- When paying by check,
User expressly authorizes SitePlus to debit
Users checking account for the amount of a
check returned unpaid by Users bank, plus
up to a $25 returned check fee.
- 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.
- Failure to use this
account(s) does not relieve the User of payment
obligations.
- In the event the User
defaults on this contract, SitePlus may suspend
or revoke the Users 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
attorneys fees and court costs in
collecting the amount remaining in the
Users contract as stated in the sales
order.
- 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.
- SitePlus may assign
this order, its rights here under and its
ownership of said service and commitment at
anytime without notice.
- 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.
- SitePlus reserves the
right to terminate or change priority of any
process started by said user.
- 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.
- 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.
- This agreement, User
account, and billing will automatically renew
unless canceled in writing 30 days prior to the
renewal date.
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