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Website ServicesDomain Hosting and Data TransferWeb Hosting Service package available on a monthly basis: The basic web hosting services listed above are available for $20.00 U.S. per month, per domain, plus applicable taxes. Service upgrades are available, including additional email accounts, site & page design, audio-visual streaming, etc. System & Setup Information: (new users please read this!) Pay for Hosting with
Paypal or by credit card (a service charge is added, plus
state tax, per month of service = $22.60) Policy - Terms & Conditions: (please read the 3 sections in bold
type below: 3, 7, 13f) 1. SERVICE DESCRIPTION The Vendor provides various services to its customers for a fee. These services include, but are not limited to Internet services such as domain hosting, web-site hosting and electronic mail services. To receive such services a customer account must be established with the Vendor and any initial or setup fees must also be paid. The Vendor reserves the right to refuse service to anyone at any time for any reason. 2. SERVICE USAGE 3. NO WARRANTIES With respect to the service to be provided hereunder, the customer acknowledges that the Vendor makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness of this service for a particular purpose. As a result, the customer agrees that the Vendor shall not be liable to the customer for any claims or damages which may be suffered by the customer, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access Internet, or inability to transmit or receive information, caused by, or resulting from, delays, non-deliveries, or service interruptions whether or not caused by the fault or negligence of the Vendor. The customer hereby agrees to indemnity and hold harmless the Vendor from any and all claims of whatever nature brought by any of Customer’s customers against the Vendor. IT IS THE CLIENT'S RESPONSIBILITY TO BACKUP THEIR WEBSITE AND DATA! 4. USE OF INFORMATION The utilization of any data or information received by customers from the utilization of the service to be provided by the Vendor is at the customer's sole and absolute risk. the Vendor specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the services provided to the customer. 5. DOMAIN NAME If the Vendor shall acquire an Internet Domain Name on behalf of the customer, then in such case the Customer hereby waives any and all claims which it may have against the Vendor for any loss, damage, claim or expense arising out of, or in relation to, the registration of such Domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of services by the Vendor for any reason. Any costs incurred by the Vendor in obtaining or maintaining a domain name for Customer shall be immediately reimbursed to the Vendor upon invoice from the Vendor to the customer. 6. SERVICE FEES AND INVOICING Customer shall pay any initial fees set forth by the Vendor prior to the commencement of service. In addition, the Customer shall be charged for an initial three (3) month period of service. In the event that Customer shall fail to pay for such services in advance of that three (3) month period, then the Vendor shall be entitled to unilaterally terminate this agreement and discontinue the service of Customer or the applicable account for which payment has not been received. The indemnification and limits of liability provisions of paragraphs 2 and 3 shall survive any such termination. Upon payment of the charges due hereunder, the Vendor may, at its sole discretion, re-institute service, at which time all terms and conditions of this contract shall continue in full force and effect. Any service disconnection or suspension may require a re-connect fee, the amount of which is set at the sole discretion of the Vendor. 7. CUSTOMER SUPPORT Support issues must be initiated through the email link located at the bottom of this page of the Vendor's website. The Vendor will make a diligent effort to resolve issues related to services provided to a customer, but does not guarantee to provide a solution for every issue raised. The Vendors services are provided "as-is" under the warranty stated in paragraph three (3) of this agreement. Telephone support is also available on a limited basis. 8. CANCELLATIONS Any cancellation of services must be requested by written notice delivered in person or through the regular postal service. Cancellations may also be accepted by telephone, email or other electronic forms of communication providing that the Vendor is satisfied regarding the Customer's identity. In the event that the Vendor cancels a Customer's service due to violation of these Terms and Conditions by the Customer, the Vendor retains the sole right to determine the amount of, if any, refunds that are returned to the Customer. In the event that the Customer wishes to cancel their service for any reason, notice must be given to the Vendor at least 24 hours prior to the actual date of cancellation. 9. PAYMENTS Customer accounts are paid by charging the Customer on a regular recurring basis. Accounts are normally billed for periods of 3, 6 or 12 months prior to, on or shortly after the beginning of the billing period. At the end of a given billing period we will apply the recurring billing charges for the next billing period without prior warning or invoicing. The Customer will be sent a statement detailing any charges as part of our regular billing process. The Customer accepts that payments will be made on a regular recurring basis against the credit card information that the Vendor will keep on file for the Customer account. It is the responsibility of the customer to provide the Vendor with a valid card number that can be legally used to pay for the services. Fraudulent use of credit card data is a violation of the Terms and Conditions and will result in immediate service termination as well as criminal prosecution. The Vendor may accept payment on other forms than credit cards, however any alternate forms of payment must be approved by the Vendor. The Vendor has sole rights to determine which forms of payment are considered acceptable. 10. SCOPE OF AUTHORITY Customer has no authority, apparent or otherwise, to contract for, or on behalf of the Vendor, or in any other way legally bind the Vendor in any fashion, nor shall Customer be authorized to make any representations about the Vendor or its services other than to reiterate to its Customers the Vendor's responsibilities as outlined in this agreement. 11. CHANGES IN TERMS OF AGREEMENT The Vendor reserves the right to make changes to the above terms and conditions of this agreement. The Customer agrees to monitor the Vendor's website for notice of changes in this agreement on regular basis. Changes in monthly service fees shall become effective only at the end of the customers current billing period for which the customer has prepaid. Utilization of the service by the Customer and/or its customers following the effective date of such change shall constitute acceptance by Customer of such change(s) in terms. 12. DISPUTES Venue: Should any dispute arise under the terms of this contract, the parties agree that venue for resolution of said dispute shall be Houston, Texas, U.S.. Attorney's Fees and Expenses: Should any legal action be instituted to enforce the terms and conditions of this agreement, if the Vendor shall be the prevailing party, the Vendor shall be entitled to recover reasonable attorney's fees and expenses incurred at both the trial and appellate levels. 13. ENTIRE AGREEMENT AND SEVERABILITY This instrument constitutes the entire agreement between the Vendor and the Customer, and represents the complete and entire understanding of the parties with respect to the subject matter of this agreement. This instrument supersedes any other agreement or understanding between the Vendor and the Customer, whether written or oral. In the event that any term or provision of this instrument is held by a court of competent jurisdiction to be unenforceable, then the remaining provisions of this instrument and the agreement, which it evidences, shall remain in full force and effect. General: The Internet is a voluntary association of users interested in and willing to exchange information and data with other Internet users. At present there is no oversight group providing governance over the principles, policies or procedures for use of the Internet or the information and data accessed via the Internet. In order to facilitate their contractual relationship the Customer and the Vendor wish to define a working protocol of principles and policies and establish operating guidelines and acceptable standards of use of the Internet. To this end the parties agree as follows: Principles Governing Acceptable use of the Internet by the Customer Responsibility and Respect - The Internet is a network intended for use by mature, adult users. The Customer recognizes this principle and undertakes at all times to act with respect, courtesy and responsibility, giving due regard to the interests and rights of other Internet users. This general guideline carries with it the following specific responsibilities: a) Knowledge of the Internet - The Customer agrees to obtain a basic knowledge of the Internet and it’s operating principles and procedures. b) Improper Uses - The Customer will avoid violation of certain generally accepted guidelines on Internet usage such as restrictions on mass mailings and mass advertisements, pirating or copying of software, mail bombing or other methods of attempting to deny service or access to other users, and attempts to violate security. c) Unsolicited Commercial Email - The Vendor strictly prohibits Unsolicited Commercial Email, also known as "spam". This includes using our network to distribute unsolicited bulk email or using any outside network to send bulk email advertising your site on the Vendor servers or offering bulk email software or bulk email services to any other persons or any other activity promoting, aiding or otherwise enabling the transmission of bulk email. The Vendor reserves the right to immediately terminate any customer account associated with unsolicited email and no refund will be issued for any unused service fees. The Vendor reserves the right to determine if any particular activity is in violation of this policy. d) Compliance with Laws - The Customer will ensure that their use of the Internet complies with all applicable federal, state and local law and regulation, including but not limited to those principles of law which protect against compromise of copyrights, trade secrets, proprietary information and other intellectual property rights, libel or defamation of character, invasion of privacy, tortuous interference, and export of technical or military data to prohibited countries. e) Validation of Information - The Customer is responsible for validating the integrity of the information and data it receives or transmits over the Internet. f) Security - The Customer is required to protect the security of its Internet account and usage. The Customer(s) password will be treated as private and confidential and not disclosed to or shared with any third parties. The Vendor does NOT retain or maintain a record of passwords, once the password has been distributed to the Customer! g) Discretion and Judgement - The Customer is expected to use discretion in the treatment and handling of Internet information and data and to take particular care to insure that adult information is not transmitted to juvenile users of the Internet. h) Pornography - Due to legal and social issues, we will not accept any customers who publish, store or otherwise process pornographic material. If an existing customer violates this principle, the Vendor reserves the right to immediately terminate the Customer's account and no refund will be issued for any unused service fees. Material deemed to be pornographic is the sole discretion of the Vendor, with due regard to the laws of Houston, Texas, U.S.. i) Excessive Service Usage - Customers are restricted from using excessive amounts of CPU processing, network bandwidth or other resources provided by the Vendor. Judgements of excessive usage are determined solely by the Vendor and will be considered in comparison to other the Vendor customers using similar services andy paying the Vendor similar rates. the Vendor will contact customers with resource intensive requirements and attempt to accommodate such needs. In the case that an agreement cannot be made to the satisfaction of both the Vendor and the customer, and that the customer continues to use excessive resources, the Vendor reserves the right to immediately terminate any customer account associated with excessive resource usage. j) Notice of Termination - The Vendor has the right to suspend or terminate any service without prior notice or warning. If the terms and conditions or the general usage policies are violated in any way we reserve the right to immediately terminate the service without prior warning or notice. No refunds are issued for terminated services.
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