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The following words used in context of the Service Contract are defined as follows:
"Provider": We Delete Enterprises "Client": The person or entity who is applying for services The Provider agrees to provide, and Client agrees to receive, access to the services according to the following terms and conditions: 1. Client will use the services in a manner consistent with any and all applicable laws of the State of California, the U.S. Federal Government, and the laws of your locale. 2. Provider reserves the right, in its sole discretion, to deactivate the Client's account(s) upon an indication of credit problems including delinquent payments. 3. THE PROVIDER SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. THE PROVIDER GIVES NO WARRANTY, EXPRESSED OR IMPLIED, FOR THE SERVICES PROVIDED, INCLUDING, WITHOUT LIMITATION, WARRANTY OF MERCHANTABILITY AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THIS NO WARRANTY EXPRESSLY INCLUDES ANY REIMBURSEMENT FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE BY PROVIDER OR ITS PROVIDERS BEYOND THE FEES PAID BY CLIENT TO PROVIDER FOR SERVICES. 4. Client understands that domain name registration relies on a third party domain registration authority that Provider has no control over. Furthermore, Provider is not liable to client for damages caused by domain name deactivation by a third party registration authority for any reason. 5. Provider is not responsible for any damages arising from Client's use of Provider or by Client's inability to use the services for any reason. Client understands and acknowledges the need to maintain adequate business insurance to insure itself against any business losses and unexpected expenses resulting from use of the service. 6. Provider is not responsible for Client's files residing on Providers Server. Client is solely responsible for independent backup of data stored on Providers Server. 7. CLIENT HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER THROUGH CLIENT'S ACCOUNT(S) WILL NOT VIOLATE OR INFRINGE ANY COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON LAW OR PROPRIETARY RIGHTS OF OTHERS, OR CONTAIN ANYTHING LIBELOUS OR HARMFUL. ANY POTENTIALLY ILLEGAL ACTIVITY MAY BE DEACTIVATED WITHOUT WARNING BY THE PROVIDER. CLIENT HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS THE PROVIDER FOR ANY CLAIM RESULTING FROM THE SUBMISSION OF ILLEGAL MATERIALS. 8. CLIENT HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER THROUGH CLIENT'S ACCOUNT(S) WILL NOT CONTAIN ANYTHING SUCH AS, BUT NOT LIMITED TO, PORNOGRAPHY, OBSCENITY, NUDITY, VIOLATIONS OF PRIVACY, COMPUTER VIRUSES, AND ANY HARASSING AND OR HARMFUL MATERIALS OR USES, WHICH ARE CONSIDERED TO BE ABUSIVE AND UNETHICAL USES OF THE SERVICE(S). CLIENT HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS THE PROVIDER FROM ANY CLAIM RESULTING FROM YOUR PUBLICATION OF MATERIALS OR YOUR USE OF THOSE MATERIALS. PROVIDER MAY OR MAY NOT GIVE NOTICE BEFORE DEACTIVATING THE USE OF AN ACCOUNT(S) WHICH THE PROVIDER DECIDES IS AN ABUSIVE OR UNETHICAL USE OF THE SERVICE(S), OR DEEMED A VIOLATION OF THE TERMS OF SERVICE. THIS INCLUDES DOMAIN POINTERS. 9. Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. Provider is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider or its customers may utilize. 10. Use of distribution lists via unsolicited electronic mail or other mass electronic mailings (aka spam), phishing, or cross-posting to unrelated newsgroups is strictly prohibited. The Provider reserves the right to deactivate the Client's account(s) upon an indication of such activity. Client hereby agrees to indemnify and hold harmless the provider from any claim resulting from the Client's or another party's use of electronic mail service(s) on the Client's account(s) or news groups. 11. Use of account(s) to provide free email services is strictly forbidden as it is a security hole and liability. 12. Only the account holder or its legal assignee is authorized to make changes to the account. 13. In the event it is necessary to refer any dispute to an attorney or resolve it in a court of law, the prevailing party will be entitled to an award of reasonable attorney's fees and all costs associated with any legal action, whether or not a suit shall actually be filed. 14. Provider maintains control and any ownership of any and all IP numbers and addresses that may be assigned to Client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses. 15. Provider reserves the right to disable any user account or site for anything deemed to be suspicious activities at the Provider's sole discretion. This includes, but is not limited to, anything that gives indication of hacking, spoofing, cracking, phreaking, denial of service attacks, running rogue services on Client's account on Provider's systems, or anything that might attract or precede such activities. Rogue services, as defined here, means any service that is not included as a feature on Provider's advertised list of account features at the time. This includes, but is not limited to, IRC bots, IRC clients, IRC daemons, ICQ clients, ICQ servers, Socks proxies, or any other service running on a TCP/IP port that Provider did not give explicit written authorization for use. Client hereby agrees to indemnify and hold harmless the provider from any claim resulting from account deactivation or disablement as a result of suspicious activities. 16. Provider reserves the right to monitor any and all activity, traffic, or content that Client may produce, publish, or cause. Provider also reserves the right to turn any logs, monitoring data, or Client material over to the proper authorities in the event legal or criminal action is to be taken by Provider or authorities. 17. Provider reserves the right to partially or wholly disable Client's account(s) upon indication of activities that noticeably affect the quality of service for other Clients. This includes, but is not limited to, excessive processor time usage, excessive RAM usage, excessive open file handles, or anything else that causes noticeable slowdown of services or causes system crashes. Client hereby agrees to hold Provider harmless from any claim resulting from such actions that Provider deems necessary, at its sole discretion, to restore a reasonable level of service. 18. Client hereby agrees that account termination resulting from any breach of these terms of service will result in the nullification of any right to a refund of any kind. Furthermore, client acknowledges that they will be liable for any charges resulting from any server repairs required as a result of their violation of these terms of service. The rate will be $150 per hour plus the cost of any parts and shipping charges. Provider reserves the right to pursue in a court of law financial compensation for other damages resulting from the violation of these terms of service. 19. Provider reserves the right to change this contract by posting a publicly available copy at this location without specific notice to Client. Client hereby agrees to ratify any such changes and hold Provider harmless from any claim resulting from such changes. Client hereby acknowledges responsibility to inform itself of any changes to this contract whether informed by Provider of changes or not. 20. CHOICE OF LAW: This Agreement shall be construed and controlled by the laws of the State of California. Any dispute arising from this Agreement, including, without limitation, a breach of this Agreement, shall be governed by the laws of the State of California. You agree to submit to the jurisdiction of the courts located in Bellflower, California. We Delete Enterprises Billing Policies - Read Carefully (Incorporated into the Terms of Service Contract) A. What are the costs and when do they start? The periodic charge varies for each type of account. Setup of your account begins upon receipt of the first hosting period's service fee. Orders received before 3:00 pm Pacific time are setup the same business day. Orders received after 3:00 pm Pacific time or orders received on nonbusiness days are setup the following business day. Your billing cycle will be based on the date we provide you with login information. All of your future hosting fees will be based on that date. Prices are subject to change without notice, but are guaranteed through your paid billing period. B. How can I pay for my account? Accounts are paid by PayPal, Credit Card, Money Orders, or Checks drawn on US Funds. All invoices are emailed Invoices are sent via email the 1st of each month. Payments are due in our offices no later than their due date regardless of when the invoice is sent to you. C. How can I upgrade/downgrade my account? It's as simple as filling out our online upgrade/downgrade form located at Upgrade Downgrade Form. If the account you are upgrading or downgrading to has a setup fee, we will waive half of the setup fee as a customer service. If you change to a hosting account that does not include a setup fee, no downgrade or upgrade fee will be charged. Please see the upgrade/downgrade form for fee details. D. If I cancel my account do I get a refund and what is the cancellation procedure? Satisfaction is Guaranteed. ============================= CANCELLATION INFORMATION ============================= Please send all cancellation requests by using this cancellation form CANCEL ACCOUNT. or email CANCEL ACCOUNT or faxing your request in writing to 630.982.5278 with the following information: 1. The name on the account with us (i.e. John Doe). 2. The domain name or names you are canceling (please tell us if it is your main domain or an additional domain). 3. The IP address or addresses issued to you. 4. Your reason for canceling. Cancellations are processed the same day we receive them. If canceling an account that was discounted for prepayment, the account billing will be prorated at the regular monthly price for that account, regardless of any discounts. If you would like to submit the cancellation request early to take effect at a later date (for example, to take effect at the end of your paid term), please note this in your cancellation request. Otherwise all cancellation requests will be processed the same day we receive them. If the service is canceled within the first 30 days because we have not exceeded your expectations, the entirety of fees paid will be refunded. The 30 days is counted with day 1 being the first day the account was made available to the client. The setup fees are not refundable. Our guarantee is to assure that we will exceed your expectations on the product we offer or your money back. It is however NOT available to protect you in case of violations of our terms of service, NOT understanding our terms of service or billing policies, expecting something that our literature clearly does NOT indicate is available (i.e., wanting outgoing email service when the account offers none), incompatibility of third party software, business hardships, business changes or simply changing your mind because you found a "better deal." Amounts billed for usage based fees (bandwidth, disk space, etc.) are non-refundable. 5. What will happen if my payment is late for any invoice? (IMPORTANT) Payment for all invoices are due in our offices on the date shown on your bill. If payments are not received in our offices by the due date, a $25 late fee will AUTOMATICALLY be assessed to your account. If payments are not received in our offices within 15 days of their due date your account, we reserve the right to deactivate your account. There is a $50 reactivation fee, in addition to the $25 late fee. If you choose not to reactivate your account you are still responsible for the days of service you received and any outstanding balance on account including the late fees. Not paying your bill will not constitute a cancellation and you will be liable for any service fees incurred. For information on how to cancel, please see item #4 directly above. Accounts not paid in full at the time of cancellation will be sent to a collection agency. There is a $25.00 fee for all checks returned for nonsufficient funds (NSF). If the customer defaults, the customer agrees to pay We Delete Enterprises its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under these Terms of Service. We reserve the right to amend our Terms of Service as needed. For any questions or comments regarding our Terms of Service, please email TERMS OF SERVICE or call 562.925.8690 |
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