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Terms of Service (ToS)
IMPORTANT NOTICE: *All Payments To Speccom Systems, Inc, Are
Non-Refundable*
Speccom Systems, Inc, ("The Company" or "ssnw.net")
agrees to furnish services to the Subscriber, subject to the following TOS
(Terms of Service).
Use of SSNW.NET Service constitutes acceptance and agreement to SSNW.NET's AUP as well as SSNW.NET's TOS
(Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of SSNW.NET
and AUP (Acceptable Use Policy).
The AUP may be changed from
time to time at the discretion of the Company. Subscriber understands that
changes to the AUP by the Company shall not be grounds for early contract
termination or non-payment.
This Agreement shall be construed in all respects in accordance with the laws
of the state of Nevada, county of Clark, applicable to contracts enforceable
in that state. Venue will be Clark County, Nevada
Note: Pornography and sex-related merchandising are prohibited on any SSNW.NET
Internet Services servers. This includes sites that may infer sexual content,
or links to adult content elsewhere. This is also true for sites that promote
any illegal activity or content that may be damaging to SSNW.NET Internet
Services servers or any other server on the internet. Links to such materials
are also prohibited.
- Disclosure to Law
Enforcement:
The AUP specifically prohibits
the use of our service for illegal activities. Therefore, Subscriber
agrees that the Company may disclose any and all subscriber information
including assigned IP numbers, account history, account use, etc. to any
law enforcement agent who makes a written request without further
consent or notification to the Subscriber. In addition SSNW.NET shall
have the right to terminate all service set forth in this Agreement.
- Service Rates: Subscriber acknowledges
that the nature of the service furnished and the initial rates and
charges have been communicated to Subscriber. Subscriber is aware that
the Company may prospectively change the specified rates and charges
from time to time. The promotional offer is contingent upon Company
achieving and maintaining its cost of service goals including but not
limited to rates charged to company by its suppliers.
- Payment: Establishment of this
service is dependent upon receipt by the Company of payment of stated
charges. Subsequent payments are due on the anniversary date of the
month for that month's service. The above applies to all accounts and
services provided by SSNW.NET.
- Payments and Fees: Credit cards that are
declined for any reason are subject to a $10.00 declination fee. Service
will be interrupted on accounts that reach 10 days past due. Service
interrupted for nonpayment is subject to a $20.00 reconnect charge.
Accounts not paid by due date are subject to a $5.00 late fee. Accounts
that are not collectable by SSNW.NET may be turned over to an outside
collection agency for collection. If your account is turned over for
collection, you agree to pay the company a "Processing and
Collection" Fee of not less than $20 nor more than $150. If you
desire to cancel your account, please follow the proper procedure to do this
as outlined in this TOS.
- Refund and Disputes: All payments to SSNW.NET
are nonrefundable. This includes the one time setup fee and subsequent
charges regardless of usage. All overcharges or billing disputes must be
reported within 60 days of the time the dispute occurred. If you dispute
a charge to your credit card issuer that, in SSNW.NET's sole discretion
is a valid charge under the provisions of the TOS and/or AUP, you agree
to pay SSNW.NET an "Administrative Fee" of not less than $20
and not more than $150.
- Failure to Pay: The Company may
temporarily deny service or terminate this Agreement upon the failure of
Subscriber to pay charges when due. Such termination or denial will not
relieve Subscriber of responsibility for the payment of all accrued charges,
plus reasonable interest and any collection fees.
- Account Cancellation: Request for termination of
user accounts can be made through the SSNW.NET Customer Control Panel.
Termination requests received will take effect immediately. That means
you're not required to pay for your web hosting plan fee for that month.
If a termination request is received after the fee has been charged in
the current month, (which is not refundable), that means starting from then
end of that month you'll not be charged for a web hosting fee.
Subscription fees for additional services such as added space and
bandwidth transfer will be charged for the entire month regardless of
when the request for their termination is received, if they have already
been billed.
- Subscriber acknowledges
that the service provided is of such a nature that service can be
interrupted for many reasons other than the negligence of the company
and that damages resulting from any interruption of service are
difficult to ascertain. Therefore, subscriber agrees that the company
shall not be liable for any damages arising from such causes beyond the
direct and exclusive control of the company. Subscriber further
acknowledges that the company's liability for its own negligence may not
in any event exceed an amount equivalent to charges payable by
subscriber for services during the period damages occurred. In no event
shall the company be liable for any special or consequential damages,
loss or injury.
- New Domains: Payment made for domain
registration will not be refundable in all cases, including those that
involve mistakes committed by any persons, SSNW.NET staff or not, at any
stage of the domain registration process. A confirmation e-mail will be
sent to registrants within 24 hours of the submission of the domain name
purchase order.
- Transfer of Domains: New webhosting accounts
which involve the transfer of a domain from another provider to SSNW.NET
will require a minimum of seven (7) days to be set up and entered into
our DNS servers. In some cases, such transfers may take up to sixty (60)
days. Due to the unpredictable nature of the transfer process, no
guarantees are made regarding the amount of time a specific transfer may
take.
- Support Boundaries: SSNW.NET provides 24 x 7
technical support to our subscribers (except for few holidays and short
company meetings) We limit our technical support to our area of
expertise. The following is our guideline when providing support: SSNW.NET
provides support related to your services or virtual site physical
functioning. SSNW.NET may offer tech support for application specific
issues such as cgi programming, html or any other such issue at
additional cost.
- SPAM and Unsolicited
Commercial Email (UCE): SSNW.NET takes a zero tolerance approach to the
sending of Unsolicited Commercial Email (UCE) or SPAM over our network.
Very simply this means that customers of SSNW.NET may not use or permit
others to use our network to transact in UCE. Customers of SSNW.NET may
not host, or permit hosting of, sites or information that is advertised
by UCE from other networks. Violations of this policy carry severe
penalties, including termination of service.
- Violation of SSNW.NET's
SPAM policy will result in severe penalties. Upon notification of an
alleged violation of our SPAM policy, SSNW.NET will initiate an
immediate investigation (within 48 hours of notification). During the
investigation, SSNW.NET may restrict customer access to the network to
prevent further violations. If a customer is found to be in violation
of our SPAM policy, SSNW.NET may, at its sole discretion, restrict,
suspend or terminate customer's account. Further, SSNW.NET reserves the
right to pursue civil remedies for any costs associated with the
investigation of a substantiated policy violation. SSNW.NET will notify
law enforcement officials if the violation is believed to be a criminal
offense.
- First violations of this policy will result in an
"Administrative Fee" of $250 and your account will be
reviewed for possible immediate termination. A second violation will result
in an "Administrative Fee" of $500 and immediate termination
of your account. Users who violate this policy agree that in addition
to these "Administrative" penalties, they will pay
"Research Fees" not to exceed $175 per hour that SSNW.NET
personnel must spend to investigate the matter. PLEASE, DO NOT SPAM
from your account.
IMPORTANT NOTICE:
BEGINNING IMMEDIATELY, anyone hosting websites or services on their
server that support spammers or cause any of our IP space to be listed in any
of the various Spam Databases will have their services immediately disabled.
The services will not be enabled until such time that you agree to remove ANY
and ALL traces of the offending material immediately upon reconnection
and agree to allow us access to the account to confirm that all material has
been COMPLETELY removed. Severe violations may result in immediate and
permanent removal of the account from our network without notice to the
customer. Any account guilty of a second violation WILL be immediately
and permanently removed from our network without notice.
- Network
- IP Address Ownership: If SSNW.NET assigns
Customer an Internet Protocol address for Customer's use, the right to
use that Internet Protocol address shall belong only to SSNW.NET, and
Customer shall have no right to use that Internet Protocol address
except as permitted by SSNW.NET in its sole discretion in connection
with the Services, during the term of this Agreement. SSNW.NET shall
maintain and control ownership of all Internet Protocol numbers and addresses
that may be assigned to Customer by SSNW.NET, and SSNW.NET reserves the
right to change or remove any and all such Internet Protocol numbers
and addresses, in its sole and absolute discretion.
- IP Address Usage: Any customer caught using
an IP address that has not been assigned to them agrees to pay a $25
fee. The domain caught using the offending IP address can be disabled
or deleted at the discretion of SSNW.NET.
- Bandwidth and Disk Usage: Customer agrees that
bandwidth and disk usage shall not exceed the number of megabytes per
month for the Services ordered by Customer on the Order Form (the
"Agreed Usage"). SSNW.NET will monitor Customer's bandwidth
and disk usage. SSNW.NET shall have the right to take corrective action
if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such
corrective action may include the assessment of additional charges,
disconnection or discontinuance of any and all Services, or termination
of this Agreement, which actions may be taken in SSNW.NET's sole and
absolute discretion. If SSNW.NET takes any corrective action under this
section, Customer shall not be entitled to a refund of any fees paid in
advance prior to such action. In the event that a customer exceeds
the included allocation, SSNW.NET may, at its sole discretion, collect
a deposit, in an amount determined by SSNW.NET, against customer's
credit card on file with SSNW.NET.
- System and Network
Security:
Users are prohibited from violating or attempting to violate the
security of the SSNW.NET Network. Violations of system or network
security may result in civil or criminal liability. SSNW.NET will
investigate occurrences, which may involve such violations and may
involve, and cooperate with, law enforcement authorities in prosecuting
Users who are involved in such violations. These violations include,
without limitation:
- Accessing data not
intended for such User or logging into a server or account, which such
User is not authorized to access.
- Attempting to probe, scan
or test the vulnerability of a system or network or to breach security
or authentication measures without proper authorization.
- Attempting to interfere
with service to any user, host or network, including, without
limitation, via means of overloading, "flooding", "mail
bombing" or "crashing".
- Forging any TCP/IP packet
header or any part of the header information in any e-mail or
newsgroup posting.
- Taking any action in order to obtain services to
which such User is not entitled.
- Notification of Violation:
- SSNW.NET is under no duty
to look at each customer's or user's activities to determine if a
violation of the AUP has
occurred, nor do we assume any responsibility through our AUP to
monitor or police Internet- related activities.
- First violation: Any User,
which SSNW.NET determines to have violated any element of this Acceptable Use Policy,
shall receive an email, warning them of the violation. The service may
be subject at SSNW.NET's discretion to a temporary suspension pending a
User's agreement in writing, to refrain from any further violations.
- Second Violation: Users that SSNW.NET determines
to have committed a second violation of any element of this Acceptable
Use Policy shall be subject to immediate suspension or termination of
service without further notice.
- Suspension of Service or
Cancellation:
SSNW.NET reserves the right to suspend network access to any customer if
in the judgment of the SSNW.NET network administrators the customer's
account is the source or target of the violation of any of the other
terms of the AUP or for
any other reason which SSNW.NET chooses. If inappropriate activity is
detected, all accounts of the Customer in question will be deactivated
until an investigation is complete. Prior notification to the Customer
is not assured. In extreme cases, law enforcement will be contacted
regarding the activity. The customer will not be credited for the time
the customer's account was suspended. The customer will also not be
credited for any fees if their account has been terminated.
- SSNW.NET reserves the right
to amend its policies at any time. All resellers of SSNW.NET must adhere
to the above policies. Failure to follow any term or condition will be
grounds for immediate Cancellation. You will be held responsible for the
actions of your clients in the matter described on these Terms and
conditions.
- Indemnification: SSNW.NET wishes to
emphasize that in agreeing to the SSNW.NET Acceptable Use Policy (AUP)
and Terms of Service (ToS), customer indemnifies SSNW.NET for any
violation of the Acceptable
Use Policy (AUP) and Terms of Service (ToS) that results in loss to SSNW.NET
or the bringing of any claim against SSNW.NET by any third-party. This
means that if SSNW.NET is sued because of a customer's or a customer of
a customer's activity, the customer will pay any damages awarded against
SSNW.NET, plus all costs and attorney's fees.
- Miscellaneous Provisions: You must provide us with,
and keep current, good contact information for you. E-mail, telephone
and fax contacts are used, in that order of preference.
- A waiver by the Company of
any breach of any provision of this Agreement by Subscriber shall not
operate as or be construed as a continuing or subsequent waiver thereof
or as a waiver of any breach of any other provision thereof.
- Subscriber shall not
transfer or assign this Agreement without the prior written consent of
the Company. Company may assign Agreement at anytime without consent
from or notice to Subscriber. Company reserves right to cancel
customers rights under this contract at anytime without further
obligation.
- SSNW.NET takes no
responsibility for any material input by others and not posted to the SSNW.NET
Network by SSNW.NET. SSNW.NET is not responsible for the content of any
other websites linked to the SSNW.NET Network; links are provided as
Internet navigation tools only. SSNW.NET disclaims any responsibility
for any such inappropriate use and any liability to any person or party
for any other person or party's violation of this policy.
- SSNW.NET is not
responsible for any damages your business may suffer. SSNW.NET does not
make implied or written warranties for any of our services. SSNW.NET
denies any warranty or merchantability for a specific purpose. This
includes loss of data resulting from delays, non-deliveries, wrong
delivery, and any and all service interruptions.
- Responsibility for Content: You, as SSNW.NET's
customer, are solely responsible for the content stored on and served by
your account.
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