Lives In Me Web Design, agrees to furnish the services described in the attached “List of Services” for the fees shown thereon from time to time to the Subscriber, subject to the following Terms of Service (“TOS”).
Use of our service constitutes acceptance and agreement to this TOS and our Acceptable Use Policy (“AUP”), which is incorporated into this agreement by this reference as if reprinted here in full.
All provisions of this contract are subject to the TOS and AUP. The AUP may be changed from time to time at our discretion. Subscriber understands that change to the AUP by us shall not be grounds for early contract termination or non-payment.
This Agreement shall be construed in all respects in accordance with the laws of the State of Georgia applicable to contracts enforceable in that state not withstanding the domicile of the parties.
1. Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that we may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
2. Payment: Establishment of this service is dependent upon receipt by us of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. All accounts and services provided by us are subject to the current tax rate as imposed by the State of Georgia, for all clients with physical locations in GA, which is currently 7.0%. 100% of the setup fee is subject to the 7.0% tax rate.
3. Payments and Fees: Credit cards that are declined for any reason are subject to a $5.00 declination fee. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment is subject to a $200 reconnect charge. Accounts not paid by due date are subject to a $9.95 late fee. Accounts that are not collectible by us may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay us a "Processing and Collection" Fee of not less than $50 nor more than $750. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
4. Refund and Disputes: All payments to us are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in our sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay us an "Administrative Fee" of not less than $50 and not more than $150 or the cost of the chargeback fee whichever is higher.
5. Failure to Pay: We may deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
6. Account Cancellation: Requests for canceling accounts may be made in writing with at least 30 days notice but not more than 60 days prior written notice and sent to:
Our preferred method of cancellation is via the member’s section of your billing account.
You must have all account information to cancel.
7. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of us and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Subscriber agrees that we shall not be liable for any damages arising from any causes other than those within our direct and exclusive control. Subscriber further acknowledges that our liability for any reason may not in any event exceed the amount of charges payable by Subscriber to us for services during the period damages occurred. In no event shall we be liable for any special or consequential damages, loss or injury.
8. New Domain Accounts: All new web hosting accounts involving new domains will be set up and entered into our DNS servers within 3 to 5 business days. Due to special complications, however, this process may sometimes longer and we shall incur no liability for any such delay. If the new domain is registered by the account holder, there will be no handling fee. If the domain is registered by us on behalf of the account holder a handling fee will be incurred.
9. Transfer of Domains: New web hosting accounts which involve the transfer of a domain from another provider to us will require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take longer. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by us on behalf of the account holder a handling fee may be charged to the account holder. If the Subscriber cancels service during the transfer period for any reason, all charges are considered earned.
10. Support Boundaries: We provide technical support 5 days per week, 8 hours per day to Subscribers (except for holidays and special circumstances.) We limit our technical support to our area of expertise. We provide support related to the subscriber’s server or virtual site physical functioning. We do not offer tech support for application specific issues such as cgi programming, html or any other such issue. We do not provide technical support for Subscriber customers. The Subscriber is encouraged to email us for assistance. Some answers may be on our support home page. Check there first. Lastly, the Help files in the program being used may have the answer to the question so please investigate these resources before calling tech support.
11. SPAM and Unsolicited Commercial Email (UCE): We take a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over its network. Very simply this means that Subscribers may not use or permit others to use our network to transact in UCE. Subscribers may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
a. Violation of our SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, we may initiate an investigation. During the investigation, we may restrict Subscriber access to the network to prevent further violations. If a Subscriber is found to be in violation of our SPAM policy, we may, in addition to any other remedy and at its sole discretion, restrict, suspend or terminate Subscriber's account. Further, we reserve the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. We may notify law enforcement officials if the violation is believed to be a criminal offense.
b. First violations of this policy will result in an "Administrative Fee" of $350 and the Subscriber’s account may be terminated. A second violation will result in an "Administrative Fee" of $800 and immediate termination of account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $275 per hour that our personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
c. Subscribers are ultimately responsible for the actions of their clients over the our network. Therefore, Subscribers should develop a similar, or stricter, policy for their clients.
d. Anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various SPAM Databases will have their server immediately removed from our network. The server will not be reconnected until the Subscriber removes ANY and ALL traces of the offending material immediately upon reconnection and agrees to allow us access to the server to confirm that all material has been COMPLETELY removed. Violations may result in immediate and permanent removal of the server from our network without notice to the Subscriber. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.
a. IP Address Ownership: If we assign the Subscriber an Internet Protocol address for the Subscriber's use, the right to use that Internet Protocol address shall belong only to us, and the Subscriber shall have no right to use that Internet Protocol address except as permitted by us at our sole discretion in connection with the Services, during the term of this Agreement. We shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Subscriber by us, and we reserve the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for IP addresses. This means is that Subscriber MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we may revoke authorization to use those IP addresses that could be used with name-based hosting.
b. Bandwidth and Disk Usage: Subscriber agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Subscriber on the Order Form (the "Agreed Usage"). We will monitor Subscriber's bandwidth and disk usage. We shall have the right to take corrective action if Subscriber's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all services, or termination of this Agreement, which actions may be taken is at our sole and absolute discretion. If we take any corrective action under this section, Subscriber shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that Subscriber exceeds the included allocation, we may, at our sole discretion, collect a deposit, in a reasonable amount determined by us, against Subscriber's credit card on file with us.
c. System and Network Security: Users are prohibited from violating or attempting to violate the security of our Network. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. These violations include, without limitation:
i. Accessing data not intended for such user or logging into a server or account, which such user is not authorized to access.
ii. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
iii. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
iv. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
v. Taking any action in order to obtain services to which such user is not entitled.
13. Notification of Violation:
a. We are under no duty to look at each Subscriber's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through its AUP to monitor or police Internet-related activities.
i. First violation: In addition to any other rights, powers or remedies of us, any Subscribers, which we determine to have violated any element of this TOS or our Acceptable Use Policy, may receive an email, warning it of the violation. The service may be subject at pur discretion to a temporary suspension pending a Subscriber's agreement in writing, to refrain from any further violations.
ii. Second Violation: Subscribers that we determine to have committed a second violation of any element of this TOS or our AUP shall be subject to immediate suspension or termination of service without further notice.
iii. We reserve the right, to drop the section of IP space involved in SPAM or Denial-of-Service complaints if the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on Subscriber network or a customer's network, or if denial of service attacks are originating from the Subscriber’s network. We may have to do this before attempting to contact Subscriber. If we do this, we will contact Subscriber as soon as is feasible.
14. Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that we may disclose any and all Subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber.
15. Suspension of Service or Cancellation: We reserve the right to suspend network access to any Subscriber if in the judgment of the our network administrators the Subscriber's server is the source or target of the violation of any of the terms of the TOS or the AUP or for any other business reason which we choose. If inappropriate activity is detected, all accounts of the customer in question will be deactivated until an investigation is complete. Prior notification to the customer is not assured. Law enforcement may be contacted regarding the activity. The Subscriber will not be credited for the time the Subscriber's machines were suspended. We reserve the right to refuse or cancel service at its sole discretion at any time for any or no reason for both paying and non-paying clients. If a Subscriber breaches any of the terms and conditions We reserve the right to deactivate the account immediately.
16. Indemnification: The Subscriber agrees to indemnify and hold us harmless for any violation of the TOS or the AUP that results in loss to us or the bringing of any claim against us by any third-party. This means that if we are because of a Subscriber's or a customer of a Subscriber's activity, the Subscriber will pay any damages awarded against us, plus all costs and attorney's fees.
17. Miscellaneous Provisions: Subscriber must provide us with, and keep current, good contact information for Subscriber. E-mail, fax, and telephone contacts are used, in that order of preference.
a. A waiver by us of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
b. Subscriber shall not transfer or assign this Agreement without the prior written consent of us. We may assign Agreement at anytime without consent from or notice to Subscriber. We reserve right to cancel Subscriber’s rights under this contract at anytime without further obligation.
c. We take no responsibility for any material input by others and not posted to our Network by us. We are not responsible for the content of any other websites linked to our Network; links are provided as Internet navigation tools only. We disclaim any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
d. We are not responsible for any damages Subscriber’s business may suffer. We do not make implied or written warranties for any of its services. We deny any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by us.
e. It is absolutely forbidden to host IRC servers, host Warez material and or any other content that violates United States or International Copyright law. Dedicated & Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.
18. Responsibility for Content: The Subscriber, as our customer, is solely responsible for the content stored on and served by our server. Full backups are made by us, however no guarantees are made of any kind as to the integrity of these backups. If loss of data occurs due to an error of us, we will attempt to restore data at no charge to the Subscriber. If loss of data occurs by an action of the Subscriber, we will attempt to restore data at a nominal fee to the Subscriber.
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