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On-line Service Agreement
IMPORTANT NOTICE: All users agree to this online contract by submitting their order or by having Infin-IT Solutions, LLC submit their order on their behalf. Additionally, by paying the monthly web site hosting fee's the users are bound by this agreement.
Amendments
to this agreement will be posted on this site.
Please read the agreement
carefully. If you have any questions, please contact us.
Quick
Summary:
Activities not allowed that may result in termination of the contract without
refund:
- Transmit,
distribute, store, advertise, link to, or make available any images, language,
or ideas containing sexually explicit or implicit subject matter
- Engaging ,
advertising, participating in the sending of Unsolicited Email.
INTERNET SERVICE AGREEMENT
Infin-IT Solutions, LLC , hereafter Infin-IT Solutions, will host a Virtual Web
Server Internet account for , hereafter referred to as the Account Holder, for
the domain name, , this service will start on , , for months. The Account Holder
agrees to the following terms and conditions of this Service Agreement. The
Account Holder will have a 30 day trial period where he/she may cancel services
and receive a refund of any moneys pre-paid for this service (set-up and domain
registration fees not included). After
30 days Infin-IT Solutions reserves the right not to refund any of the amount
paid.
Terms and
Conditions
- The Virtual Web Server
Internet Account and related electronic services may be used for legal
purposes only. Any violations consistent with existing international, federal,
state and local laws will be grounds for an immediate termination of service.
This includes any and all forms of gambling. Transmission, distribution or
storage of any material in violation of international, federal, state and
local laws is prohibited and will be grounds for an immediate termination of
service. This includes, but is not limited to, material protected by:
copyright, trademark, patent, and/or trade secret or other intellectual
property right use without proper authorization
.
- Engaging , advertising,
participating in the sending of Unsolicited Email is explicitly prohibited on
Infin-IT Solutions’ hosting servers. Infin-IT Solutions defines Unsolicited
Email as using any computer or electronic device to send an unsolicited
advertisement or electronic mail to an electronic mail address of an
individual with whom such person lacks a preexisting and ongoing business or
personal relationship unless said individual provides express invitation or
consent/permission. Violators of the aforementioned policy are subject to
account(s)/service(s) termination, without any refunds.
- The Account Holder agrees
not to transmit, distribute, store, advertise, link to, or make available any
images, language, or ideas containing sexually explicit or implicit subject
matter. Infin-IT Solutions reserves the right to make a final determination in
any dispute involving sexually explicit or implicit subject matter. The first
occurrence of a violation of this provision will result in a halt of services
to the Account Holder. Any occurrence thereafter of a violation of the
aforementioned provision will result in a termination of account(s)/service(s),
without any refunds.
- Payment shall be made in
US dollars to Infin-IT Solutions, LLC. Payments are due upon presentation of
invoice. If any fees or charges imposed by the bank for any reason result in
Infin-IT Solutions receiving less than the invoice amount, Infin-IT Solutions
will re-invoice Account Holder for the difference. If Infin-IT Solutions does
not receive payment in full of any invoice ( with the exception of bank fees
and charges) within 30 days, then the Account Holder accepts that Infin-IT
Solutions will suspend service(s) with the Account Holder until such time as
payments are made. Payments in full of any invoice, with the exception of the
aforementioned provision, not received within 30 days will result in a
termination of service(s) to Account Holder.
- The Account Holder
understands that Virtual Web Server Internet accounts are provided by Infin-IT
Solutions on a shared server. Accordingly, the Account Holder’s web site and
services will be shared with other customers’ web site and services on the
same server. The Account Holder understands that poorly written CGI and Perl
scripts consume a vast amount of Infin-IT Solutions system resources. For this
reason, Infin-IT Solutions will allow the Account Holder to maintain a maximum
of 1000 CPU seconds each day. This policy will be strictly monitored and
enforced by Infin-IT Solutions system administrators. If Account Holder is
found to be in violation of this provision, Infin-IT Solutions system
administrators have the authority to shut down any and all scripts responsible
for the violation. If any damages result from a violation of this provision,
Infin-IT Solutions has the can and will seek recovery for said damages.
- The Account Holder agrees
that bandwidth limits are based on the package purchased as specified on the Infin-IT Solutions features page.
- The Account Holder
understands that Infin-IT Solutions attempts to maintain service to its
customers 100% of the time. The Account Holder also understands that there are
certain problems that can and will occur due to the nature and structure of
the Internet. The Account Holder agrees to hold Infin-IT Solutions harmless in
the event of any such occurrence where service becomes impaired or suspended
for an indefinite period of time resulting in the loss of revenue, service(s),
or customer(s). There are such circumstances that can and will happen beyond
the control of Infin-IT Solutions and the Account Holder understands this and
holds this to be factual.
- Infin-IT Solutions owns
all right, title and interest in Infin-IT Solutions trade names, service
marks, inventions, copyrights, trade secrets, patents, and know-how related to
the design, function, and provisions of services by Infin-IT Solutions, and in
the related hardware and software systems. Infin-IT Solutions makes no claims
to any trade names, service marks, inventions, copyrights, trade secrets,
patents, or know-how acquired without infringing Infin-IT Solutions rights and
used by Account Holder to promote and provide services to Account holder’s
customers. This agreement does not constitute a license to the Account Holder
to use Infin-IT Solutions trade names or service marks.
- The Account Holder
acknowledges that by reason of its relationship with Infin-IT Solutions, it
may have access to certain information and materials relating to Infin-IT
Solutions business, services, customers, software technology, and marketing
strategies that is confidential and of substantial value to Infin-IT
Solutions. The Account Holder agrees not to disclose any of the above
information to any third party. The provisions of this section shall survive
the termination of the agreement for any reason.
- Under section 230 of the
CDA (47 U.S.C. sec. 230), Infin-IT Solutions "shall not be treated as the
publisher or speaker of any information provided by another information
content provider." Infin-IT Solutions is not liable in any way for any
tortuous statements made on it’s servers to any third party.
- This Agreement constitutes
the entire agreement between parties and supersedes all prior understanding
and agreements concerning the services and shall not be modified or altered by
written instrument duly executed by the parties. Should any provision of this
Agreement be held by a court of law to be illegal, invalid, or unenforceable,
the legality, and enforceability of the remaining provisions of this Agreement
shall not be affected or impaired thereby.
- Account Holder understands
that Infin-IT Solutions web site hosting and/or email servers are not Bulk
Email servers and that Infin-IT Solutions can not allow an excessive volume of
mail which can hinder the performance of the server for other users. A
violation of this or any other paragraph is cause for termination of services
without refunds.
- Account Holder understands
that unlimited e-mail accounts associated with a website may not be sold or
given away to parties other than those with an interest in the business
represented by that website.
- Account Holder agrees to
abide to any updated modifications or additions of this agreement as posted on our web site at http://www.infin-it.com
This
agreement is accepted by the Account Holder by submission of an order for
services with Infin-IT Solutions and the Account Holder agrees to fully abide by
all terms, conditions, rules, and regulations as described above. The Account
Holder also acknowledges, under the penalty of perjury, that Account Holder’s
identification is accurate and correct. Finally, Account Holder acknowledges
that he/she is of contractual capacity under the laws of the United States of
America.
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