ACCEPTANCE OF TERMS - All online marketing, hosting and web design services ("Services") provided to you by Service Web Solution, a service of Original Web Solutions, LLC (herein referred to as We or Us), are provided to you under the terms of this User Agreement. Your payment for the services listed on our web site indicate that you accept and agree to the terms outlined in this User Agreement.
USER OBLIGATIONS - You agree to provide accurate and complete information about yourself and business. Failure to do so may result in the termination of your account.
FEES - In exchange for the Services provided by us, you agree to pay all setup and recurring fees. If you do not pay fees when due, before the fifth (5th) of the month a late payment fee will be applied, if payment has not been received prior to the fifteenth (15th) day of the month or in the event of any chargeback of any payment at any time, we will have the right to immediately suspend all Services for which payment was not received. All accounts that are 30 days past due will be deleted from the server. You agree that we shall have no liability whatsoever with respect to any such suspension or termination.
ACCOUNT CANCELLATION - All requests for cancellation of your paid use of our Services must be made in writing, either by email or postal mail. A minimum of thirty (30) calendar days notice must be given for any request to cancel paid use of Services that are billed on a recurring basis. Minimum notice is not required for cancellation of complimentary services or of services that incurred a one-time setup fee.
We reserve the right to cancel service at any time as well. If we institute our right of cancellation, all fees paid in advance of the cancellation date will be prorated and refunded to you by Original Web Solutions, LLC. Any setup fees charged are non-refundable. Any refund payments due to you will be paid via check by postal mail within 14 days of receipt of cancellation. Any violation of the Terms of Services which results in additional costs will be billed to you, and you agree to pay such debts in a prompt manner.
We may terminate your account for any reason, including, without limitation if we believe that you have violated this User Agreement. We may also, at our sole discretion and at any time, discontinue providing our Services, or any part thereof, with or without notice. You agree that any termination of your access to our Services may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or our Services. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to our Services.
ILLEGAL USE - We reserve the right to refuse service to anyone at any time. You may use our Services for lawful purpose only. Transmission of any material in violation of any Federal, State, or Local regulation is strictly prohibited.
MEMBER CONDUCT - You understand that all information, data, text, images, applications, files, or other materials ("content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which the content originated. This means that you are responsible for all content that you upload, post, e-mail, or transmit via our Services. Under no circumstances, will we be liable in any way for any content posted or transmitted or for any loss or damage of any kind incurred as a result of the content transmitted via our Services.
You agree to not use the Service to upload, post, e-mail or otherwise transmit any content: (a) that is unlawful, defamatory, obscene, invasive of another's privacy, hateful, or otherwise objectionable; (b) that you do not have a right to transmit under any law or under contract (c) that infringes on any patent, copyright, trademark or other proprietary rights of any party; or (d) that interferes with our Services.
We have the right to remove any content that violates the terms of this User Agreement or is otherwise objectionable. You agree that you must evaluate and bear all risks associated with the use of all content.
You acknowledge and agree that we may disclose content on your website or email if required to do so by law.
SPAM - Any user of e-mail on the servers of Original Web Solutions, LLC who sends unsolicited bulk e-mail or advertisements may have their account suspended or terminated.
MODIFICATIONS TO SERVICE - We reserves the right at any time to modify or discontinue our Service without notice. You agree that we shall not be liable to you or to any third party for any modification or discontinuance of any of our Services. In the event that our Services are cancelled, you shall be entitled to a full refund for any unused term of Services paid for at the time of discontinuation.
OUR PROPRIETARY RIGHTS - You acknowledge and agree that our Services and any necessary software used to provide our Services contain proprietary and confidential information that is protected by intellectual property and other laws. Unless expressly authorized by us, you agree not to modify, rent, sell, distribute, or create derivative works based on our Services, in whole or in part.
DISCLAIMER OF WARRANTIES - YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF OUR SERVICES IS AT YOUR RISK. ALL OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY - YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA OR OTHER INTANGIBLE LOSSES.
TERMS OF SERVICE - We reserve the right to revise the above User Agreement at any time. We will make a reasonable effort to notify you in the event of any significant change to this Agreement.
YOUR PRIVACY - Your privacy is valuable to us. For more information, please see our Privacy Policy.
Last Revised April 07, 2006
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