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USER AGREEMENT
This
User Agreement ("Agreement") is an agreement between Able
Team, Inc. ("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.ablededicatedservers.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
abuse@ableteam.com.
Provider will look into the matter and take appropriate action.
2) AbleTeam -
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.
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.
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