:::: Terms of Service ::::
All accounts and customers of InterWeb Technologies,
are bound by the Terms of Service.
1) Setup fees including - but not limited to - additional
programming are nonrefundable.
2) All fees are due in advance of the services
provided. Failure to pay in advance may result in
termination of services without notice. In such cases
where services are terminated for past due balances, a
reactivation fee equal to the current setup fee may be
required.
3) If you cancel your service you will be fully
refunded the unused portion of any month's prepaid fees,
(not including setup fees) once those services are no
longer being provided. If you cancel your service, but
fail to transfer your site(s) to another provider and
continue to utilize our hosting network you will be billed
until such time that you are no longer utilizing our
services. If you wish services to cease immediately, you
must request that our services be discontinued
immediately.
4) The use of any data or material, which Customer
receives from the service provided by InterWeb
Technologies, is at Customer's sole and absolute risk.
InterWeb Technologies specifically disclaims and denies
any responsibility for the completeness, or accuracy of
quality of any and all information obtained through the
services to be provided hereby.
5) InterWeb Technologies will utilize its best efforts
to maintain acceptable performance of services, but
InterWeb Technologies makes absolutely no warranties
whatsoever, express or implied, including warranty of
merchantability or fitness for a particular purpose.
InterWeb Technologies cannot guarantee continuous service,
service at any particular time, or integrity of data
stored or transmitted via its system or via the Internet.
InterWeb Technologies will not be liable for the
inadvertent disclosure of, or corruption or erasure of,
date transmitted or received or stored on its system.
InterWeb Technologies shall not be liable to Customer or
any of its customers for any claims or damages which may
be suffered by Customer or its customers, 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, nondeliveries, or
service interruptions whether or not caused by the fault
or negligence of InterWeb Technologies.
6) Customer agrees that it shall defend, indemnify,
save and hold harmless from any and all demands,
liabilities, losses, costs, claims, including reasonable
attorney's fees, ("Liabilities") against
InterWeb Technologies, its agents, its customers,
servants, officers, employees, that may arise or result
from any services provided, performed or agreed to be
performed or any product sold by Customer, its agents,
employees or assigns. Customer agrees to defend, indemnify
and hold harmless InterWeb Technologies against
Liabilities arising out of any injury to person or
property caused by any products sold or distributed in
connection with InterWeb Technologies' server; and
material supplied by Customer infringing or allegedly
infringing on the proprietary rights of a third party;
copyright infringement and any defective product which
Customer sold on InterWeb Technologies' Server. As a
result of this, Customer agrees that InterWeb Technologies
shall not be liable to Customer for any claims of actual,
compensatory and/or consequential damages which may be
suffered by Customer, including, but not limited to,
losses or damages due to the loss of data resulting from
delays, non deliveries, or service interruptions caused by
the fault or negligence of InterWeb Technologies.
Notwithstanding the above mentioned, Customer's exclusive
remedies, damages, losses and causes of actions shall not
exceed the aggregate dollar amount which Customer paid
during the term of this Agreement.
7) The Customer may only use InterWeb Technologies'
services for lawful purposes. In the event that at any
given time, InterWeb Technologies believes that the
service is being used by the Customer in contravention
with any of the terms and provisions contained in this
Agreement, InterWeb Technologies has the right to
immediately discontinue such service to Customer without
liability other than to refund any unearned prepaid
service fees. The following are restrictive uses and shall
be cause for the immediate termination of web services and
this Agreement without notice to the Customer:
- Unauthorized distribution or copying copyrighted
software, violation of US export restrictions,
embarrassment, fraud, trafficking in obscene material,
drug dealing, and other illegal activities;
- Unsolicited advertising via email and/or
"Spamming" is a violation of State and
Federal Law and is otherwise a violation of this
agreement. Such prohibited conduct subjects Customer
to immediate cessation of service as provided herein
and the termination of this agreement without notice.
InterWeb Technologies reserves the right to report
such illegal activities to any and all regulatory,
administrative and/or governmental authorities for
appropriate prosecution. In addition, InterWeb
Technologies will charge One Dollar ($1.00) per email
recipient for any such activity;
- Using a non-existing email return address on a
commercial solicitation, spamming (sending unsolicited
advertising to numerous email addresses or newsgroups
and/or generating a significantly higher volume of
outgoing email than a normal user), trolling (posting
outrageous messages to generate numerous responses), mail bombing
(sending multiple messages without
significant new content to the same user), subscribing
someone else to a mailing list without that person's
permission, cross-posting articles to an excessive
number of newsgroups, or attempting without
authorization to enter into a secured computer system.
InterWeb Technologies reserves the right to determine
what is Net abuse;
- Tortuous conduct such as posting of defamatory,
libelous, scandalous, or private information about a
person without their consent, intentionally inflicting
emotional distress, or violating trademarks,
copyright, or other intellectual property rights;
- The Customer expressly understands and agrees that
illegal Adult oriented Websites featuring nudity and
acts of a sexual nature are expressly prohibited.
InterWeb Technologies reserves the right to
immediately terminate and remove any such unauthorized
Websites without notice and discontinue service to
Customer without notice or liability for actual,
compensatory or consequential damages to Customer for
the interruption in service.
- MUDDS, Listservers or any other Internet application
that are not Website specific, are specifically
prohibited.
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