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Terms 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 written 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 Subscriber does not notify Provider of cancellation request at least 7 days
in advance of date of execution by written letter or email, the
Subscriber will be responsible for the payment due for the next equivalent period.
Subscriber has 30 days from date of account setup to be eligible for a
refund. If Subscriber requests in writing a refund in this time period,
Subscriber will receive a refund in the amount of their initial monthly payment.
Subscriber will not receive a refund for any setup fees. Subscriber will not receive
a refund for any other reason, including but not limited to: late
cancellation, unused time, slow connection caused by Subscriber's
ISP/network or account termination for
violation of policies.
Provider reserves the right to terminate this agreement, and to
delete the Subscriber web site from its hardware, immediately upon the occurrence
of any of the following events:
a. Non payment of any charges due from Subscriber.
b. Breach of any term or condition of this agreement by Subscriber.
c. Commencement of any lawsuit or proceeding against Subscriber arising from
or relating to its use of the web site, whether or not such suit names
Provider as a party or seeks and recovery from Provider.
d. For any reason the Provider deems justified.
Indemnification of Provider/Relationship of
Parties
Subscriber 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 Subscriber's web site / web services provided hereunder.
Nothing contained herein shall be deemed to create a relationship
between the Provider and Subscriber 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 web site, except as necessary to maintain the web site.
Billing
Reoccurring
payments must be by
credit card. Payment will be automatically deducted on the
Subscriber's renewal date of each month, quarter or
year
until notice is provided in writing / email that the user wishes to
terminate services or change billing methods.
Check /
Invoiced payments must be on a minimum of a quarterly
basis paid prior to the start of each quarter in advance. Yearly
payments are due prior to the start of the year's service payable in
advance.
Payment is due each
reoccurring period with the payment day being the
same reoccurring date of account
activation.
Accounts are in default if payment is not received within 7 days after
the due date. If a Subscriber's check is returned by the bank as
unredeemable, the Subscriber will be deemed to be in default, and will
be liable for a "returned check" charge of $35.
Accounts in default
Accounts in default may have their service interrupted. If service is
interrupted, and Subscriber wishes to have it re-applied, a re-connect charge
of $100.00 will be applied to the account. Such interruption does not
relieve the Subscriber from the obligation to pay the hosting plan charges.
Only a written request to terminate Subscriber service relieves
Subscriber of obligation to pay the reoccurring account charge. Accounts in default are
subject to an interest charge of 1.5% per month on the outstanding
balance. If the Subscriber's state law does not allow an interest rate
of 1.5% per month, the maximum allowable rate for the Subscriber's state
will be charged. If the Subscriber defaults, the Subscriber agrees to
pay Provider its reasonable expenses, including attorney and
collection agency fees, incurred in enforcing its rights under these
Terms and Conditions.
All files, information and mail under the Subscriber account will be preserved
for 7 days from the date the payment is in default. If the payment is
not received after 7 days, all files, information and mail under the
Subscriber account will be deleted at Provider's discretion. If the Subscriber
wishes to use the service again, the Subscriber must re-apply for a new
account.
In the case of default on payment for web services, the Subscriber
agrees to allow Provider to resell the domain name and/or all contents
of the web site to attempt to recoup the funds that are in default.
The Subscriber agrees that the company has the right to delete all data,
files or other information that is stored in the Subscriber's account if
the Subscriber's account with the Provider is terminated, for any
reason, by either Provider or Subscriber.
Security/Software
Subscriber agrees to take all steps
reasonable, necessary, and prudent to protect Subscriber's login ID and
passwords.
Subscriber agrees not to attempt to undermine or cause harm to any server or
customer of Provider.
Subscriber acknowledges that Provider cannot provide technical support for any
software and/or script that the User installs, other than variable name
changes. Subscriber also acknowledges Provider does not supply technical
support for Microsoft FrontPage or other web design programs.
Violation
Any attempt to undermine or cause harm
to a Provider server or another customer's web presence is strictly
prohibited. Any violation of the above terms or conditions will result
in grounds for Subscriber account termination, with no refunds given;
Provider
reserves the right to remove any account without prior notice.
Disclaimer
Provider will not be responsible
for any damages Subscriber's business may suffer. Provider makes no
warranties of any kind, expressed or implied for services we provide.
Provider disclaims any warranty or merchantability or fitness for a
particular purpose. This includes loss of data resulting from delays,
non-delivery, wrong delivery, and any and all service interruptions
caused by Provider and its employees. Provider reserves the
right to revise its policies at any time without prior notification.
All Sub-Networks, resellers
programs and dedicated servers under Provider's services must adhere to the above policies.
All Subscriber's customers and sub-contracts must also adhere to the above policies.
The
Provider's
Acceptable Uses Policy,
Privacy Policy and
Legal Notices
sections together comprise TELEsites.Net's complete terms and conditions. Failure to follow any term or condition will be grounds for immediate account deactivation.
Trademarks
TELEcomputers, TELEcomputers.com, TELEsites, TELEsites.Net,
TELEcomputers Services and/or other TELEcomputer products and services
referenced herein are either trademarks or registered trademarks of
TELEcomputers Services. Other product and company names
mentioned herein may be the trademarks of their respective owners.
Copyright Notice
Copyright © 1998 - 2005
TELEcomputers Services 887 South Long Beach Avenue, NY
11520 U.S.A. All rights reserved.
Last Update: December 2, 2005.
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