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Service Agreement
Our Service Agreement is based on honesty, common sense and simple good manners. All users of our service will be bound by this agreement, which may be updated by us from time to time without notice to you.
Please read this agreement in its entirety. Only place you order if you agree to all the terms.
Service Agreement
This Service Agreement (the 'Agreement') governs the terms of the use by the Client of services offered by ANNO Internet ('Provider').
The Client agrees to receive access to the virtual server services according to the following terms and conditions:
Selection of Service Plan.
Client will select one of the service plans offered by Provider, and agrees to receive services according to the service plan selected.
Payment for Services
Depending on his selection of service plan, Client can choose to be invoiced monthly, quarterly or annually ('Billing Period') for service.
Provider will issue invoices by electronic mail. Taxes will be applied where required.
Clients will pay for services provided under this Agreement by check or credit card.
When initiating service, Client will be invoiced the published setup fee for the service plan selected, as well as a pro rated partial month charge according to the service plan for the number of days remaining in the calendar month from the time of initiation of service until the end of the month in which service is initiated. This, the first invoice, must be settled within seven days.
Provider will issue an invoice for services thereafter according to Provider's published schedule at the start of the billing period. Client must settle the invoice no later than fifteen days after the start of the billing period.
In the case of late payment or insufficient funds to process credit card payment or debit order, Client will pay a service levy of $30 per incident.
If this Agreement is terminated on some day other than the last day of the billing period, Client will be obligated to pay for only the pro rata portion of the monthly service plan charge for the month in which the service is terminated.
Term
This Agreement may be terminated with one month's notice by Client or Provider at any time. If Client is in default under this Agreement (including non-payment), then the Provider may immediately terminate the Agreement without prior notice to the Client.
Compliance with Law
Client will use the services offered by Provider in a manner consistent with all applicable local, state and international laws and regulations.
File Back-up
Provider is not responsible for Client's files residing on Provider's servers. Client is solely responsible for independent backup of data stored on Provider's servers. Should Provider offers periodic file backup as part of Client's service plan, this responsibility will not be transferred from Client to Provider.
Prohibition of Publication of Certain Material
Client shall not knowingly or unknowingly submit to Provider for publication any of the following material (including pictures, links, or any other content):
(a) any material which violates or infringes any copyright, trademark, trade secret, patent, statutory, common law or other proprietary rights of others;
(b) any material that is libelous or slanderous;
(c) any material which is or contains anything obscene or pornographic; or
(d) distribution lists to be used via unsolicited electronic mail or other mass electronic mailings including but not limited to: mass-newsgroup postings, SPAM and unsolicited e-mail sent from your server, or any other service on the Internet, which contains your domain name or any other domain name on our network
(e) Any abuse of shell account privileges including but not limited to:
(i) Use of any program/script/command, or sending messages of any kind, designed to interfere with a users terminal session, via any means, locally or by the Internet.
(ii) Attempts to circumvent the idle daemon or time charges accounting, or attempts to run programs while not logged in by any method.
(iii) Repeated running of CPU-intensive user-compiled programs which negatively impact other system users.
Running eggdrop or any other IRC bot which is connected to a remote IRC server.
Any violation of the above conditions will result in termination of Client's account.
Due to the public nature of the Internet, all material submitted by Client for publication will be considered publicly accessible. Provider does not screen in advance Client's material submitted to Provider for publication. Provider's publication of material submitted by Client does not create any express or implied approval by Provider of such material, nor does it indicate that such material complies with the terms of this Agreement.
DISCLAIMER OF WARRANTIES
PROVIDER'S SERVICE IS PROVIDED ON AN 'AS IS, AS AVAILABLE' BASIS. PROVIDER SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES, EVEN IF PROVIDER HAS BEEN ADVISED BY CLIENT OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IF PROVIDER'S SERVICE TO CLIENT IS DISRUPTED OR MALFUNCTIONS FOR ANY REASON, PROVIDER SHALL NOT BE RESPONSIBLE FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE, BEYOND THE FEES PAID BY CLIENT TO PROVIDER FOR SERVICES, DURING THE PERIOD OF DISRUPTION OF MALFUNCTION.
Limitation/Disclaimer of Liability
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 utilise.
Provider does not represent or warrant to Client that Client will receive continual and uninterrupted service during the term of this Agreement. In no event shall Provider be liable to Client for any damages resulting from or related to any failure or delay of Provider to provide service under this Agreement if such delays or failures are due to strikes, riots, fire, inclement weather, acts of God, theft or vandalism or other causes beyond Provider's control, as defined by standard practices in the industry. Such failure or delay shall not constitute a default under this Agreement.
Indemnity
Client agrees to defend, indemnify and hold Provider harmless from and against any and all claims, losses, liabilities and expenses (including attorneys' fees) related to or arising out of the services provided by Provider to Client under this Agreement, including without limitation claims made by third parties (including customers of Client) related to any false advertising claims, liability claims for products or services sold by Client, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided hereunder, or for any content submitted by Client for publication by Provider, but excluding those related to the negligence of Provider.
Relationship of the Parties
The parties intend that an independent contractor relationship will be created by this contract, and that no partnership, joint venture or employee/employer relationship is intended.
Waiver
Any party's failure to insist on compliance or enforcement of any provision of this Agreement shall not affect its validity or enforceability or constitute a waiver of future enforcement of that provision or of any other provision of this Agreement.
Attorneys' Fees
If a legal proceeding is commenced to enforce or obtain a declaration of rights under this Agreement, the prevailing party in such proceeding shall be entitled to recover its reasonable attorneys' fees and costs incurred in the proceeding from the nonprevailing party, as well as any reasonable attorneys' fees and costs that the prevailing party incurred prior to commencing the proceeding.
IP Addresses
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.
Cancellation
In order to stop service, Client must follow the cancellation procedure that is available at http://www.anno-us.com/order/cancel/cancel.html.
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Introduction
Domain name check
Submit order
Canceling of service
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