This User Agreement ("Agreement") is an agreement between Able Team (“Provider”) and the party set forth in the related order form ("Customer") incorporated herein by reference (together with any subsequent order forms submitted by Customer, the "Order Form"), and applies to the purchase of all services ordered by Customer on the Order Form (collectively, the "Services").
PLEASE READ THIS AGREEMENT CAREFULLY.
SIGNING UP FOR THE SERVICES CREATES A CONTRACT BETWEEN CUSTOMER AND PROVIDER, CONSISTING OF THE ORDER, THE APPLICABLE SERVICE DESCRIPTION AND THIS USER AGREEMENT. CUSTOMER AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT, INCLUDING PROVIDER'S USAGE POLICY. CUSTOMER’S USE OF THE SERVICES CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.
1) Acceptable Use Policy.
Provider’s Acceptable Use Policy ("AUP") is designed to help protect Provider’s customers and the Internet community from irresponsible or illegal activities and to provide a high quality of service to Provider’s customers. Provider reserves the right to modify this AUP at any time, effective upon posting of the modified AUP to www.maxprohost.com. By purchasing the Services provided by Provider, Customer agrees to abide by this AUP as modified from time to time. If Customer violates, by the sole determination of Provider, one or more of these acceptable use policies, Provider reserves the right to suspend and/or terminate Service without notice. Customer is solely liable and responsible for the use of the Services and for any content that is displayed, downloaded, or transmitted through the use of the Services. Provider does not host or promote any sites which contain pornographic, gambling, or "hate group" content of any type. Any Customer or site in violation of this policy is subject to immediate termination without notice.
Customer may not use the Services for illegal activities or for conduct harmful to others, including, but not limited to:
- Infringement of intellectual property rights or other proprietary rights including, without limitation, materials protected by copyright, trademark, patent, trade secret, or other intellectual property right used without proper authorization. Infringement may result from, among other activities, the unauthorized copying and posting of pictures, logos, software, articles, musical works, and videos.
- Transmission, dissemination, sale, storage or hosting material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive or privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
- Posting or sending of software or technical information in violation of U.S. export laws, including, without limitation, the Export Administration Act and the Export Administration Regulations maintained by the Department of Commerce.
- Dissemination of hosting harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots or any other computer programming routings that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.
- Offering or dissemination fraudulent goods, services, schemes, or promotions (i.e. make money fast schemes, chain letters, pyramid schemes), or furnishing false data on any signup form, contract or online application or registration, or the fraudulent use of any information obtained through the use of the Services, including without limitation, use of credit card numbers.
Sending unsolicited email (spam) is strictly prohibited. Using any email address hosted by Provider to collect responses from unsolicited commercial email is also prohibited. In addition, Customer may not distribute and /or publish the following types of email:
- Harassing and malicious e-mail, whether through language, frequency, or size of messages, including without limitation "mailbombing" (flooding a user or Web site with very large or numerous pieces of mail) or "trolling" (posting outrageous messages to generate numerous responses).
- E-mails containing forged or falsified information in the header (including sender name and routing information), or any other forged or falsified information.
- Any use of Provider’s mail servers or another Web site's mail server to relay mail without the express permission of the account holder of the Web site. Posting the same or similar messages to one or more newsgroups (excessive cross-posting or multi-posting) also is explicitly prohibited. Multiposting is defined as posting to 10 or more groups within a two week sliding window.
Using a personal email or new group account for high volume or commercial use is prohibited.
Activities which adversely affect the ability of other customers or systems to use Provider Services are prohibited. This includes any attempts, whether successful or not, to gain access to any computer system, or customer's data, without consent, which are prohibited. Any attempt to violate any third party server, system or network through the use of the Services is prohibited and may result in criminal and/or civil liability. Examples of server, system, or network security violations include, without limitation, the following:
- Unauthorized access to or use of data, systems or server or networks, including any attempt to probe, scan or test the vulnerability of a system server or network or to breach security or authentication measures without express authorization of the owner of the system, server or network.
- Unauthorized monitoring of data or traffic on any network server or system without express authorization of the owner of the system, server or network.
- Interference with service to any user, host or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, broadcast attacks and any activity resulting in the crash of a host. Intentional interference also means the use of any kind of program/scrip/command, or send messages of any kind, designed to interfere with a user's terminal session, via any means, locally or by the Internet.
- Forging of any TCP-IP packet header, e-mail header or any part of a message header. This prohibition does not include the use of nicknames, aliases or anonymous remailers.
- Using manual or electronic means to avoid any use limitations place on the Services such as timing out.
- Failing to prevent unauthorized access to accounts, including any account passwords.
Untimely payment of any and all amounts due may result in account suspension and/or cancellation. If this occurs, Provider accepts no liability for lost web site traffic, lost email, or any other business interruption.
In the event that an account is inactivated or suspended as a result of any prohibited activities, the account may be subject to deactivation charges, reactivation charges and/or deposit requirements. Due to the administrative cost associated with violations of these policies, Provider reserves the right to make a minimum administrative charge of up to $5000 for each violation of this AUP. Accounts may be subject to other deactivation/reactivation charges and/or deposit requirements for repeated deactivations/reactivations.
It may be necessary for Provider to examine system logs and other records to resolve system problems.
Provider will cooperate with appropriate legal authorities in investigating any claims of illegal activity, including but not limited to transfer or use of copyrighted or illegal material, postings or email containing threats of violence, or other illegal activity.
If Customer is aware of or suspects any violation(s) of this policy, Customer agrees to report the suspected violation to email@example.com. Provider will look into the matter and take appropriate action.
2) Term; Termination; Cancellation Policy.
The initial term of this Agreement shall be as set forth in the Order Form (the "Initial Term"). The Initial Term shall begin upon commencement of the Services to Customer. After the Initial Term, this Agreement shall automatically renew. ADDITIONALLY AFTER THE INITIAL TERM, CUSTOMER ACKNOWLEDGES, AGREES AND AUTHORIZES PROVIDER TO AUTOMATICALLY BILL AND/OR CHARGE ON CUSTOMER’S CREDIT CARD FOR SUCCESSIVE TERMS OF EQUAL LENGTH AS THE INITIAL TERM, UNLESS TERMINATED OR CANCELLED BY EITHER PARTY AS PROVIDED IN THIS SECTION. The Initial Term and all successive renewal periods shall be referred to, collectively, as the "Term".
This Agreement may be terminated:
- by either party by giving the other party thirty (30) days prior written notice
- by Provider in the event of nonpayment by Customer,
by Provider, at any time, without notice, if, in Provider's sole and absolute discretion and/or judgment, Customer is in violation of any term or condition of the this Agreement and related agreements, AUP, or Customer's use of the Services disrupts or, in Providers sole and absolute discretion and/or judgment, could disrupt, Provider's business operations and/or by Provider as provided herein. Early Termination
If Customer cancels this Agreement, upon proper notice to Provider, prior to the end of the Initial Term or any Term thereafter,
- Customer shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation;
- Customer shall be obligated to pay one hundred percent (100%) of all charges for all Services for each month remaining in the Term (other than basic hosting fees as provided in (ii) above). Any cancellation request shall be effective thirty (30) days after receipt by Provider, unless a later date is specified in such request.
- All account cancellation requests are subject to a minimum $50.00 early termination fee.
Company may terminate this agreement without penalty,
- If the Services are prohibited by applicable law, or become impractical or unfeasible for any technical, legal or regulatory reason, by giving Customer as much prior notice as reasonably practicable; or immediately, if Provider determines that Customer's use of the Services, the Web site or the Customer Content violates any Provider term or condition, including this AUP, User Agreement, Spamming Policy, or Domain Policy. If Provider cancels this Agreement prior to the end of the Term for Customer’s breach of this Agreement and related agreements, including the AUP, User Agreement, Spamming Policy, or Domain Policy or Customer's use of the Services disrupts Provider’s network, Provider shall not refund to Customer any fees paid in advance of such cancellation and Customer shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation; further, Customer shall be obligated to pay 100% of all charges for all Services for each month remaining in the Term and Provider shall have the right to charge Customer an administrative fee of a minimum of $50.00.
Upon termination of this Agreement for any cause or reason whatsoever, neither party shall have any further rights or obligations under this Agreement, except as expressly set forth herein. The provisions of Sections 2(e), 3, 4, 10, 11, 13, 15 and 16 of this Agreement shall survive the expiration or termination of this Agreement for any cause or reason whatsoever, and, notwithstanding the expiration or termination of this Agreement, the parties shall each remain liable to the other for any indebtedness or other liability theretofore arising under this Agreement. Termination of this Agreement and retention of pre-paid fees and charges shall be in addition to, and not be in lieu of, any other legal or equitable rights or remedies to which Provider may be entitled.
3) Billing and Payment
- Customer will pay to Provider the service fees for the Services in the manner set forth in the Order Form.
- Provider may increase the Service Fees (i) in the manner permitted in the service description and (ii) at any time on or after expiration of the Initial Term by providing ten (10) days prior written notice thereof to Customer.
- The Service Fees do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority with respect to the Services or any software provided hereunder (excluding any tax on Provider's net income). All such taxes will be added to Provider's invoices for the fees as separate charges to be paid by Customer. All fees are fully earned when due and non-refundable when paid.
- Unless otherwise specified, all fees and related charges shall be due and payable within thirty (30) days after the date of the invoice. If any invoice is not paid within seven (7) days after the date of the invoice, Provider may charge Customer a late fee of $15.00 for; in addition any amounts payable to Provider not paid when due will bear interest at the rate of one and one half percent (1.5%) per month or the maximum rate permitted by applicable law, whichever is less.
- If Provider collects any payment due at law or through an attorney at law or under advice therefrom or through a collection agency, or if Provider prevails in any action to which the Customer and Provider are parties, Customer will pay all costs of collection, arbitration and litigation, including, without limitation, all court costs and Provider's reasonable attorneys' fees.
- If any check is returned for insufficient funds Provider may impose a minimum processing charge of $25.00.
- In the event that any amount due to Provider remains unpaid seven (7) days after such payment is due, Provider, in its sole discretion, may immediately terminate this Agreement, and/or withhold or suspend Services.
- There may be a minimum $50.00 charge to reinstate accounts that have been suspended or terminated.
- Wire transfers will be assessed a minimum $35.00 charge.
- There may be a minimum $35.00 charge to for all credit card chargebacks.
- Customer acknowledges and agrees that Provider may pre-charge Customer's fees for the Services to its credit card supplied by Customer during registration for the Initial Term.
- Any Terms and Conditions, User Agreements can cange any time.
- CUSTOMER ACKNOWLEDGES, AGREES AND AUTHORIZES PROVIDER TO AUTOMATICALLY BILL AND/OR CHARGE ON CUSTOMER’S CREDIT CARD FOR SUCCESSIVE TERMS OF EQUAL LENGTH AS THE INITIAL TERM, UNLESS TERMINATED OR CANCELLED BY EITHER PARTY AS PROVIDED IN SECTION 2.