Terms and Conditions of Use

Introduction

This Terms and Use Document (“TUD”) applies to all clients, and is intended to provide a general understanding of our policies for our services. It is designed to help protect our Services, our clients and the Internet community from irresponsible or illegal activities. We expect that common sense and good judgment will guide all of our client’s activities on the Internet. Information available on our network is our property, its information providers or other clients. We do not accept responsibility for the content of the materials and information published by others which are accessible through our connection and does not accept responsibility for the violation of any laws resulting from such publication. All users of our Services are expected to abide by the laws of the state and country in which they reside, including all copyright laws and regulations, tariff regulations, export controls, treaties and international law. Use of our Services constitutes on the part of such user acceptance of and agreement to abide by all of the rules and regulations and our policies, including this TUD, as such policies may be modified by us at any time and from time to time. Use of our Services are at the risk of the client. Electronic Communications Privacy Act Notice (18 USC §§ 2701-2711) WE MAKE NO GUARANTEE OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON ITS NETWORK OR ANY NETWORK ATTACHED TO ITS NETWORK. WE SHALL NOT BE LIABLE FOR THE PRIVACY OF E-MAIL ADDRESSES, REGISTRATION AND IDENTIFICATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION, OR ANY OTHER CONTENT STORED ON OUR EQUIPMENT, TRANSMITTED OVER NETWORKS ACCESSED BY CLIENT, OR OTHERWISE CONNECTED WITH USE OF OUR NETWORK. SEE OUR PRIVACY POLICY FOR HOW WE USE PERSONAL INFORMATION.

Fees

Client shall pay all fees according to the prices and terms listed in the Client’s Plan. The prices listed in Client’s Plan at the date of this Agreement shall remain in effect during the Initial Term. We may change the fees it charges Client for Plans upon sixty (60) days prior notice to any Renewal Term.

Payments and Late Payment Charge

Fees for Services shall be in the amount and frequency set forth in the Plan selected by Client (“Payment Date”). This Agreement is for the entire Initial Term or applicable Renewal Term and Client is hereby obligated to pay the fees for the entire amount of the Plan voluntarily selected by Client. All such fees shall be received by 2:00 p.m. on the Payment Date. Client shall pay a late charge of 2% per month, or the maximum rate permitted by applicable law, whichever is less, on any unpaid amount for each calendar month or fraction thereof that payments are in arrears to us. All fees that have not been timely paid may be sent by us to a collection agency. Client agrees to be responsible for paying all costs of collection, including, but not limited to, reasonable attorney’s fees and, where lawful, collection agency fees. All accounting issues should be addressed via a support ticket in the Billing Information area of your editor.

Checks or Money Order

Client may pay fees by check or money order in U.S. dollars only. We will not accept international checks in foreign currency. In the event a check is returned as unpayable, Client will be assessed a $25.00 returned check fee. If Client fails to pay all fees by the Payment Date, Client will be sent a suspension of Service e-mail which will grant Client fourteen (14) days to make payment. Credit Card. Client may pay fees by MasterCard, Visa, American Express and Discover (“Credit Cards”). Credit Cards shall be charged seven (7) days prior to the Payment Date to the Credit Card number given at the time of registration for the Plan. Payment by Credit Card includes the authorization to charge all future recurring fees and charges to the Credit Card on file with us. If Client’s Credit Card is denied, for any reason, Client will be sent a notice by e-mail. If payment is not received by the Payment Date, we may make one final attempt to charge Client’s Credit Card on or around the Payment Date. If payment is not secured by the Payment Date, Client will be sent a Suspension of Services e-mail which will grant Client fourteen (14) days to make payment. In the event Client initiates a charge back, we may immediately suspend all Services to Client until such time as full payment is received in addition to a $25.00 charge back fee and $25.00 reactivation fee.

Pricing Disputes

Client must notify us in writing or e-mail of any disputed charges within 30 days of the date of the billing for such charges. If Client does not notify us within that time period, Client has waived any right to dispute such amounts, either directly or indirectly or as a set-off, recoupment or defense in any action or efforts to collect amounts due to us.

Cancellation

An advance 30 day notice is required prior to renewal for cancellation of your service. There are no partial refunds for early cancellation. Domain names transferring away must have a zero balance on the account before it can be released.

Suspension of Services

Failure of Client to fully pay any fees when due may be deemed a material breach of this Agreement justifying suspension of the performance of Services to Client at our sole option. Any such suspension of Services does not relieve Client from the obligation to pay all amounts due us under this Agreement for the remainder of the Initial Term or the then applicable Renewal Term. In the event of a suspension of Services and upon a reactivation request by Client, Client shall pay us a $25.00 reactivation fee in addition to full payment of the outstanding balance due. Reactivation of services will only be performed during our regular business hours (Monday through Friday, 8:00 a.m. – 5:00 p.m. Eastern Standard Time, excluding holidays).

Taxes

Fees are exclusive of any and all sales, use, value added, excise, transfer, privilege, duty and any other taxes or duties, whether international, national, state or local, however designated or assessed with respect to the Services provided under this Agreement; excluding, income taxes on profits which may be levied against us.

Terms of Use Policies

• Our accounts may be used only by the authorized owners of the accounts, except where specifically authorized by us. Allowing use of your account by others is prohibited and at your own risk.
• Resale, trade or transfer of any account without express written consent from us is prohibited. Attempting to obtain access beyond that for which a client is authorized will be grounds for immediate termination of such client’s account.
• Attempting to defeat identification procedures, gain passwords or encryption codes, penetrate security measures, circumvent user authentication or use of our network to gain unlawful or unauthorized entry to another machine on the Internet; use of our account to or attempt to alter or destroy data belonging to us or another user on any computer network; and use of our system as a staging ground to “crack” other systems will be grounds for immediate termination of such client’s account.
• Transmission, redistribution, reproduction or commercial exploitation of information available on our network without the permission of its owner or in violation of applicable copyright laws or patents will be grounds for immediate termination of such client’s account.
• Abusive or inappropriate use of any of our Services, including any behavior which disrupts the normal use of the system or Internet services of others, inhibits any user from accessing the Internet, interferes with the proper operation of our network or impairs the availability, reliability or quality of our Services for other clients is prohibited.
• It is contrary to our specific policies, and we reserve the right to remove any material from any site without notice, if any client or user is effectuating or participating in any of the following activities:
  • (encouraging a violation of any applicable law or regulation, including but not limited to the sale of illegal goods or the violation of export controls or obscenity laws;
  • Infringing the rights of any third party, including but not limited to the intellectual property, business, contractual or fiduciary rights of others;
  • Involving the display, sale, distribution or creation of any adult content, obscene or otherwise offensive goods, services, materials or ideas or promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • making fraudulent offers of items, products, or services originating from a client’s account;
  • using non-authorized relays through any third party systems;
  • “flooding” or overburdening recipient computer systems by sending a high volume of spurious data which impedes functionality or disables the recipient system, or any other methods of denial of service of another;
  • storing or distributing on our servers illegally-acquired information, programs containing malicious code, including viruses, trojans or worms or tools to comprise the security of other sites;
  • using programs such as packet sniffers, host and/or service monitoring or other similar programs; and
  • engaging in any of the above activities using the service of another provider but channeling such activities through our account or re-mailer or using our account as a mail drop for responses.
• Email
  • Email is a person-to-person medium and not a broadcast medium. Harassing others by “mail-bombing” or “spamming,” which constitutes sending the same or substantially similar unsolicited electronic mail messages to a large number of recipients, or more than twenty (20) similar mail messages to the same email address, may be grounds for termination of a client’s account. Threatening bodily harm or property damage to individuals or groups, for example, making terrorist threats, is also strictly prohibited and is grounds for termination.
  • The following activities are specifically prohibited by us in connection with the use of email services:
  • distributing malicious software which contributes to or assists in “mail-bombing” or “spamming”;
  • sending unsolicited, junk or chain letter email for the purpose of advertising or soliciting, or using our email address to collect responses from unsolicited email;
  • attempting to impersonate any person, using forged email or other identifying information;
  • installing “auto-responders,” “cancel-bots” or similar automated or manual routines which generate excessive amounts of net traffic;

Client’s Responsibilities

• All our clients and users who publish materials and information which are accessible through our connection are solely responsible for the content of such materials and information and are solely responsible for compliance with all laws applicable to the publication of such materials and information. Each such client or user must accept responsibility for the publication of any defamatory, adult content, confidential, secret or proprietary material.
• Each account holder is responsible for charges incurred by others to whom the account holder has given its username and/or password, and for charges incurred by a person who has obtained such account holder’s username and/or password prior to such account holder’s notification to us of such fact.
• Any permitted customers of our clients are bound by same restrictions as our clients, including this TUD.

Actions by us for Noncompliance or Violation

• We are under no obligation to monitor the content of websites hosted by Clients for violations of this TUD. Certain of the activities set forth above cause alarms that could require us to take action. Account holders should be aware, however, that normal use and software will not set off such alarms.
• Use of our account or Services in an illegal manner is grounds for immediate termination of such account. Users should be aware that we view such activities very seriously and may disclose prohibited activities to law enforcement agencies, including the Federal Bureau of Investigation, with whom we will fully cooperate. We will cooperate with appropriate law enforcement agencies involved in investigating instances that may be reported to such authorities by clients or other users who believe they are being subjected to potentially unlawful harassment.
• We reserve the right to conduct its own investigation of suspected violations of this TUD.
• In addition to the other actions described herein, we may take one or more of the following specific actions:
  • log instances of abuse;
  • disable and cancel the client’s account;
  • delete some or all of client’s files in our possession, or cease providing Services.
• In the event that an account is temporarily deactivated as a result of any prohibited activities, the account may be subject to reactivation charges and/or deposit requirements to be determined by us.
• Each account holder understands and acknowledges that we have the right to terminate any account for any reason that we interpret as an abuse of the account and such account holder will be liable for any and all costs incurred by us as result of such abuse.
• We will review alleged violations of this TUD on a case-by-case basis. Violations which are not promptly remedied may result in disciplinary action, including referral to appropriate authorities for civil or criminal prosecution. Our decisions in all such matters are final. We do not assume any liability to any account holders, users or others for its failure to enforce this TUD.
• Nothing herein is to be construed to limit our remedies in any way, to recover costs, identify and remove offenders, levy cancellation charges or pursue any other remedies at law or in equity.

Contacts

If you use any links provided in the Site to Web sites not owned, maintained or hosted by us (“Off-Sites”), you will leave the Site. We are not responsible for any Off-site's privacy policies or terms of use. No warranty is made with respect to the accuracy, timeliness, or suitability of the content of any Off-Sites, and we take no responsibility for such sites. A link to an Off-Site is not an endorsement of the Off-Site, its content, or its sponsoring organization.

Limitation of Liability

Under no circumstances, including but not limited to negligence by act or omission, shall we or any party involved in creating, producing, or delivering the Site or its content, be liable for any direct, incidental, consequential, indirect or punitive damages that result from the use of, or the inability to use the materials on the Site, even if we or a representative authorized by us has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event, however, shall our total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing the Site.

Jurisdictional Issues

Your use of the Site, and the terms of this Privacy Policy, shall be construed and controlled by the laws of the United States, and specifically, the State of Indiana, except as it relates to conflict of laws. Further, any dispute arising from your use of this Site or the terms of this Privacy Policy, or a breach thereof, shall be governed by the laws of the State of Indiana. By accessing the Site, you agree to personal jurisdiction by the state and federal courts sitting in the State of Indiana, County of Marion. The sole and exclusive jurisdiction and venue for any and all disputes regarding your use of the Site shall be the state or federal courts located in the State of Indiana, County of Marion.

Copyright Complaints

Each account holder must immediately notify us of any unauthorized use of such account holder’s account, of any breach or attempted breach of security, if it is believed that such account holder’s password has been compromised or of any other violations of this TUD.

If you have any questions with respect to this TUD, please contact us by emailing us at:
Email:

WE RESERVE THE RIGHT TO MODIFY THIS DOCUMENT AT ANY TIME AND FROM TIME TO TIME.