Odisey.Com "Odisey Design & Web Hosting" Terms of Service Contract
The following words used in context of the Service Contract are defined as follows:
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"Provider": ODC©, Odisey.Com, Odisey Design Company©, Odisey Design & Web Hosting Company©, Morgantown Marketing Group.com, Morgantown Marketing Group.net, Morgantown Marketing Group©, MMG©, Morgantown Market.com.
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"Client": The person or entity who is applying for products & services or has applied for products & services.
The Provider agrees to provide, and Client agrees to receive, access to the services according to the following terms and conditions:
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Client will use the services in a manner consistent with any and all applicable laws of the State of West Virginia, the U.S. Federal Government, and the laws of your locale.
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Provider reserves the right, in its sole discretion, to deactivate the Client's account(s) upon an indication of credit problems including delinquent payments.
- Provider does not guarantee Internet or other
sales for or of the client as a result of any agreement. Client understands this
agreement and does not hold Provider responcible for a monitary or other form
of return of any investments in products and/or services provided by Provider,
including any additional damages client subjects to have sustained as a result
of accepting products and services from Provider.
- Provider reserves
the right to change pricing, products and services without advanced notice. Web
sites maintaining a high bandwidth of monthly traffic will be assessed for overage
and charged $3.00 per GB of additional usage per month.
- Clients
ordering hosting plans with "I need a Web site for ODC©" are not
subject to the Web site page limitations unless they opt for a FREE WEB SITE or
a Pro Plan Web site. Custom designed Web sites do not have page limitations.
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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.
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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.
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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 technological or any other reason.
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While Provider shall make every reasonable effort to protect and backup data for Client on a regular basis, Provider is not responsible for Client's files residing on Provider. Client is solely responsible for independent backup of data stored on Provider.
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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.
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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.
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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.
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Use of distribution lists via unsolicited electronic mail or other mass electronic mailings 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).
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Use of account(s) to provide free email services is strictly forbidden as it is a security hole and liability.
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Only the account holder or its legal assignee is authorized to make changes to the account.
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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.
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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.
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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.
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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.
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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.
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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. 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.
- CHOICE OF LAW: This Agreement shall be construed and controlled by the laws of the State of West Virginia. Any dispute arising from this Agreement, including, without limitation, a breach of this Agreement, shall be governed by the laws of the State of West Virginia. You agree to submit to the jurisdiction of the courts located in Morgantown, West Virginia.
Odisey Design and Web Hosting Billing Policies
( Read Carefully (Incorporated into the Terms of Service Contract)
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. Your billing cycle will be based on the date we publish your web site, or provide you with login information, or point your existing web site to our servers. Hosting fees for that month will be prorated to the last day of the month. All of your future hosting fees will be based on the first day of the month. Prices are subject to change without notice, but are guaranteed through your paid billing period.
or by Check or Money order sent to our billing address. All invoices are emailed monthly. Invoices are sent via email the 1st week of each month. Payments are due in our offices no later than their due date regardless of when the invoice is sent to you. Payments are due in full on the 15 th day of the month.
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CANCELLATION INFORMATION ==================================================================
Please send all cancellation requests by using CUSTOMER SERVICE SUPPORT FORM email or by phone (304) 594 -0489, with the following information:
The name on the account with us (i.e. John Doe).
The domain name or names you are cancelling.
Your reason for cancelling.
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Cancellations are processed the same day we receive them. If cancelling 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.
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If the service is cancelled within the first 30 days because we have not exceeded your expectations, the entirety of HOSTING fees paid will be refunded, Web Site Designing fees are not refundable. Web Site Designs are provided to the client on floppy disk for their use on any server, at the clients request. The programming design becomes the property of the client completely. Clients must request a copy of their web site on a floppy disk. Charges apply for copy disks.The 30 days is counted with day 1 being the first day the account was made available to the client. Any setup fees paid for server accounts are not refundable.
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Our guarantee is to assure that we will exceed your expectations on the hosting 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."
What
will happen if my payment is late for any invoice? (IMPORTANT) Payment for
all regular monthly invoices must be made through
or postmarked by the 15th day of each month. If payments are not received in our
offices by the due date, a $20 late fee will AUTOMATICALLY be assessed to your
account. If payments are not received in our offices within 15 days of their due
date on your account, we reserve the right to deactivate your account, cancel
services. There is a $25 reactivation fee, in addition to the $20 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 collections. There is a $25.00 fee for all checks returned for
nonsufficient funds (NSF). If the customer defaults, the customer agrees to pay
Odisey Design and Web Hosting its reasonable expenses, including attorney and
collection agency fees, incurred in enforcing its rights under these Terms of
Service. If the customer does a stop payment to their check for any amount charged
for services or accounts rendered, there is a $25.00 chargeback fee for each chargeback.
The account associated with the chargeback will be cancelled for nonpayment and
sent to collections. For this reason, Odisey Design and Web Hosting highly recommends that you consider placing a month's deposit on account with us so that your account is always current.
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