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Policies and Service Agreement
This Agreement, is made and entered by PageWeb Internet Services Company,
("Provider"), and you, ("User").
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 day of the anniversary of
account setup 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 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 $25 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.
- User agrees the Provider provides
a multi-user system, and as such User is expected to
consume less than 10% of system resources. If User
consumes more than 10% of system resources, User will
receive notice via email and option #1 below will take
effect. In no case will additional charges accrue without
your authorization. The options in this case are:
- 15 GB monthly limit.
There's no easy way to throttle CPU consumption,
limiting traffic is the closest solution. Your
traffic consumption will be limited to 15 GB per
month.
- Purchase additional bandwidth. There's no easy
way to sell additional CPU cycles, selling
additional bandwidth is the only reasonable
alternative. If you choose this option, you can
remain on our server and will be billed $0.01 (1
cent) per 1 MB for all bandwidth over 15 GB per
month. You can choose to limit additional
bandwidth to any amount you wish or leave it
unlimited.
- Get a dedicated server. You are allowed to resell
space on a dedicated server to help defray costs.
- A User's site that contains any of the following will be
treated as if it is using more than 10% system resources
and will be limited to and have the same options as set
forth under Section B3 above. Provider will be the sole
arbiter as to what constitutes a violation of this
provision:
- Subhosting - any domain housing additional users
or domain parks.
- Shareware, sound, video, image, or multimedia
archives.
- Mirror sites.
- Distribution points.
- Any site whose primary purpose is file
distribution.
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.
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 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 at least 7 days in advance of date
of execution, the User will be responsible for the
payment due for the next equivalent period.
- User has 30 days from date of account setup to be
eligible for a refund. If User requests a refund in this
time period, User will receive a refund in the amount of
their initial monthly payment(s). User will not receive a
refund for any setup fees or current bandwidth charges.
User will not receive a refund for any other reason,
including but not limited to: late cancellation, unused
time, or account termination for violation of policies.
- 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:
- Non payment of any charges due from User.
- Breach of any term or condition of this agreement
by User.
- 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 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.
- No adult content, hacking, or warez sites will be allowed
to exist on a restricted account. We have unrestricted
accounts available for these purposes. Violation of this
is grounds for immediate account termination.
- 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, as long as the User has been contacted and
given the chance to correct the offending page(s).
H. Commercial Advertising - Email:
- Spamming (the sending of unsolicited email or messages)
is STRICTLY prohibited.
- User will be fined $150.00 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 email mentioning
an email address for any domain hosted by the
Provider.
- The sending of any unsolicited email mentioning a
domain hosted by the Provider.
- The sending of any unsolicited email 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 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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