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1. AGREEMENT.
In this Web Hosting Service Agreement ("Agreement")
"you" and "your" refer to each customer, "we",
us" and "our" refer to iTVGroup Hosting. "Services"
refers to the services provided by us, including our web hosting services.
This Agreement explains our obligations to you, and explains your obligations
to us for various Services. By selecting our Services you have agreed
to establish an account with us for such Services. When you use your account
or permit someone else to use it to purchase or otherwise acquire access
to additional Services or to cancel your Services (even if we were not
notified of such authorization), this Agreement covers such services or
actions. By using the Services under this Agreement, you acknowledge that
you have read and agree to be bound by all terms and conditions of this
Agreement and any pertinent rules or policies that are or may be published
by us.
2. FEES, PAYMENTS AND BILLING POLICIES.
As consideration for the services you have selected, you agree to pay
us the applicable service fees. All fees payable hereunder are non-refundable
except those fees covered by our "30 Day Money Back Guarantee".
As further consideration for the Services, you agree to: (1) provide certain
current, complete and accurate information about you as required by the
registration process and (2) maintain and update this information as needed
to keep it current, complete and accurate. All such information shall
be referred to as account information ("Account Information").
You hereby grant us the right to disclose to third parties as needed to
maintain your services. By submitting to this Agreement, you represent
that the statements you have made in are true and you will not use our
Services for any unlawful purpose.
2a. FEES and PAYMENTS.
All fees are payable in US Dollars. All payments are due on your account's
Anniversary Date (See Section 2b, "Billing Cycle", for more
information). Right now the only acceptable forms of payment are: Cash,
business check, or money order. Please remit all payments due to:
iTVGroup
3250 Pine Creek Drive
Brighton, MI 48114
2b. BILLING CYCLE.
All annual payments are due on your account's Anniversary Date. Your account's
Anniversary Date is the date that is one year to the day after your account's
1st annual payment was due. If you are on a 6 month term, your payment
will be due 6 months to the day after your account's 1st annual payment
was due. If you are on a month to month payment basis, your payments are
due on the 1st day of each calendar month.
Your account is to be billed according to the billing cycle chosen when
you first purchased your service(s). iTVGroup offers three billing cycles:
Monthly (every month), Semi-Annually (every 6 months) or Yearly (every
12 months). If you have purchased a package that is billed monthly your
should be mailed in every month. If you have purchased a package that
is billing yearly your check should be mailed and received by iTVGroup
by the Anniversary Date.
2c. CANCELLATION POLICY.
Services will automatically renew until a service is cancelled. If you
do not wish to renew your Monthly, Semi-Annual, or Annual Service agreement
you must cancel your account by entering a ticket to our Customer Service
department. www.itvgroup.com/support. All cancellations must be requested
via a ticket. A cancellation refers to the removal of all user materials
/ web content / databases / graphics / pages. etc... from our systems
and the deactivation of all services. You will be required to pay any
outstanding charges owed. Please be aware that there are no pro-rated
refunds after the first 30 days of service regardless of billing cycle.
Domain Name Registrations CANNOT be cancelled. Even if we purchase a Domain
Name for you, you are the Domain Name's owner until the term of the Domain
Name's registration has expired. iTVGroup Hosting will not automatically
cancel services for problems related to registrar transfers, non-usage,
your ISP, or any other issues not directly related to iTVGroup's Hosting
services.iTVGroup reserves the right to cancel any account at any time
without notice, for any reason iTVGroup deems appropriate.
2d. BILLING DISPUTES AND BANK CHARGE BACKS.
All Bank Disputes and Bank Issued Charge Backs result in the complete
cancellation of your account. All Bank Disputes and Charge Backs are reported
to the issuer's Credit Agency. If a Charge Back is made on domain name
registration or renewal fees, you forfeit all ownership and administrator
rights to the domain name(s). In the event that a Charge Back was made,
you will be charged a $40.00 reinstatement fee for each charge back received
by iTVGroup before your services and/or domain name will be reactivated.
2e. SERVICE CHANGES.
You are allowed to change your Web Site Hosting package once for free.
An example of changing your service means moving from an FTP account to
a FrontPage account or from Monthly billing to Yearly billing. After moving
once you will be charged $24.99 per alteration.
2f. 30 DAY MONEY BACK GUARANTEE.
Most services offered by iTVGroup Hosting offer a free trial period. If
you are not completely satisfied with our services, you will not be obligated
to pay. The following fees do not qualify for free trial period guarantee:
domain name registrations, domain name renewals, file transfer (bandwidth)
overage fees, and any setup fees.
2g. BILLING/PRICE CHANGES.
iTVGroup reserves the right to change billing prices and policies at any
time without notice.
2h. BILLING FOR ADDITIONAL FILE TRANSFERS.
iTVGroup Hosting automatically bills customers for excess file transfer
("bandwidth") usage. Customers are allocated a set amount of
file transfer with their hosting service depending on the package level
purchased. If you exceed the amount of file transfer you receive as part
of your package you will be billed
$0.01 per MB over quota. This charge is incurred and billed within 30
days. If you are billed monthly for our services the overage charge will
be attached to your monthly billing. If you are billed yearly for our
services the overage will be billed seperately to you in the following
month. The overage is calculated by monitoring the amount and size of
the files transferred from your account. These charges are made at the
sole discretion of iTVGroup Hosting and are non disputable.
3. ILLEGAL USE.
iTVGroup servers may be used for lawful purposes only. Transmission, storage,
or distribution of any information, data, or material in violation of
any state or national law or regulation is prohibited. This includes,
but is not limited to: copyrighted material; trademarks; trade secrets
or other intellectual property rights used without proper authorization;
material that is obscene, defamatory, constitutes an illegal threat, or
violates export control laws. Any violation of any state or national law
or regulation will result in immediate cancellation of your services.
By participating in any illegal activity, you give up your right to privacy.
Any illegal activity that is brought to the attention of any employee
of iTVGroup Hosting will be forwarded to state and/or national authorities
as is required by law.
4. SECURITY.
Violations of system or network security are prohibited and may result
in criminal and civil liability. Examples include but are not limited
to the following: unauthorized access, use, probing, or scanning of systems
security or authentication measures, data, or traffic; interference with
service to any user, host, or network including, without limitation, mail
bombing, flooding, deliberate attempts to overload a system, broadcast
attacks; forging of any TCP-IP
packet header or any part of the header information in an email or a newsgroup
posting. We are very strict about this policy!
5. SERVER ABUSE.
Any attempts to undermine or cause harm to a iTVGroup server or customers
are strictly prohibited. This includes the abusive sending of unsolicited
email, also known as "Spam". (See Section 7, "Spam Policy",
for more information.)
6. CUSTOMER CONDUCT.
You are solely responsible for the contents of your transmissions through
iTVGroup Hosting. Your use of the iTVGroup Hosting service(s) is subject
to all applicable local, state and national laws and regulations.
You agree:
(1) to comply with US law regarding the transmission of technical data
exported from the United States through iTVGroup Hosting;
(2) not to use iTVGroup Hosting for illegal purposes;
(3) not to interfere or disrupt networks connected to the iTVGroup Hosting;
and
(4) to comply with all regulations, policies and procedures of networks
connected to iTVGroup Hosting.
(5) not to transmit through iTVGroup's hosting service(s) any unlawful,
harassing, libelous, abusive, threatening, harmful, or otherwise legally
objectionable material of any kind or nature.
You further agree not to transmit any material that encourages conduct
that could constitute a criminal offense, give rise to civil liability
or otherwise violate any applicable local, state or national law or regulation.
Attempts to gain unauthorized access to other computer systems are prohibited.
You shall not interfere with another customer's use and enjoyment of the
iTVGroup's hosting service(s) or another entity's use and enjoyment of
similar services. iTVGroup Hosting may, at its sole discretion, immediately
terminate your service or any agreement with us should your conduct fail
to conform to these terms and conditions.
7. SPAM POLICY.
Sending unsolicited bulk and/or commercial messages over the Internet
(known as "spamming") is prohibited, regardless of whether or
not it disrupts services to iTVGroup Hosting customers. The term "spamming"
also includes, but is not limited to engaging in spamming using the service
of another ISP and referencing in the spam a web site hosted on an iTVGroup
Hosting server. iTVGroup Hosting investigates all reports of Spam submitted
to us. Should evidence of spam activity be found, all services relating
to the spam activity will result in termination without notice. iTVGroup
Hosting reserves the right to determine, in its sole and absolute discretion,
what constitutes a violation of this provision.
8. COPYRIGHT VIOLATIONS & INTELLECTUAL PROPERTY VIOLATIONS.
You agree not to engage in any activity that infringes or misappropriates
the intellectual property rights of others, including copyrights, trademarks,
service marks, trade secrets, software piracy, and patents held by individuals,
corporations, or other entities. Also, you agree to not engage in activity
that violates privacy, publicity, or other personal rights of others.
iTVGroup Hosting is required by law to remove or block access to customer
content upon receipt of a proper notice of copyright infringement in accordance
with the Digital Millennium Copyright Act (DMCA). It is also iTVGroup's
hosting policy to terminate the privileges of customers who commit repeat
violations of copyright laws.
9. ACTIONS TAKEN BY iTVGROUP HOSTING.
Your failure to meet or follow any of the Terms and Conditions set forth
by iTVGroup Hosting is grounds for account deactivation. iTVGroup Hosting
will be the sole arbiter as to what constitutes a violation of its Terms
and Conditions. iTVGroup Hosting reserves the right to remove any account
without prior notice. When iTVGroup becomes aware of an alleged violation
of its Terms and Conditions, We will initiate an investigation. During
the investigation, iTVGroup Hosting may restrict a customer's access in
order to prevent further potentially unauthorized activity. Depending
on the severity of the violation, iTVGroup Hosting may, at its sole discretion,
restrict, suspend, or terminate a customer's web hosting account and/or
pursue other civil remedies. If such violation is a criminal offense,
iTVGroup will notify the appropriate law enforcement authorities of such
violation.
10. MODIFICATIONS TO AGREEMENT.
You agree, during the period of this Agreement, that we may:
(1) revise the terms and conditions of this Agreement; and
(2) change the services provided under this Agreement.
Any such revision or change will be binding and effective immediately
on posting of the revised Agreement or change to the service(s) on our
web site, or on notification to you by e-mail or regular mail as per the
Notices section of this agreement, Section 23. You agree to review our
web site, including the Agreement, periodically to be aware of any such
revisions. If you do not agree with any revision to the Agreement, you
may terminate this Agreement at any time by submitting a cancellation
ticket in accordance with our Cancellation Policy (See Section 2c, "Cancellation
Policy", for more information). Notice of your termination will be
effective on receipt and processing by us. You agree that, by continuing
to use the Services following notice of any revision to this Agreement
or change in service(s), you abide by any such revisions or changes.
11. MODIFICATIONS TO YOUR ACCOUNT.
In order to change any of your account information with us, you must register
with our trouble ticket service located at www.iTVGroup.com/support, then
you must also use your Account Identifier and Password that you selected
when you registered with our support system. Please safeguard your Account
Identifier
and Password from any unauthorized use. In no event will we be liable
for the unauthorized use or misuse of your Account Identifier or Password.
You may also be required to provide your initial user account and password
which was sent to you the day your web hosting account was first configured
on our server(s). These are all safety precautions taken by iTVGroup to
help ensure the security of your website and web hosting services.
12. ANNOUNCEMENTS.
We reserve the right to distribute information to you that is pertinent
to the quality or operation of our services and those of any service partners.
These announcements will be predominately informative in nature and may
include notices describing changes, upgrades, new products and services
offered by iTVGroup Hosting or Third Parties or other information to add
security or to enhance your identity on the Internet.
13. LIMITATION OF LIABILITY.
You agree that our entire liability, and your exclusive remedy, with respect
to any Services(s) provided under this Agreement and any breach of this
Agreement is solely limited to the amount you paid for such Service(s).
We and our contractors, sub-contractors, providers, heirs, executors,
and assigns, shall not be liable for any direct, indirect, incidental,
special or consequential damages resulting from the use or inability to
use any of the Services, or for the cost of procurement of substitute
services. Because some states do not allow the exclusion or limitation
of liability for consequential or incidental damages, in such states,
our liability is limited to the extent permitted by law. We disclaim any
and all loss or liability resulting from, but not limited to:
(1) loss or liability resulting from access delays or access interruptions;
(2) loss or liability resulting from data non-delivery or data mis-delivery;
(3) loss or liability resulting from acts of God;
(4) loss or liability resulting from the unauthorized use or misuse of
your Account Identifier or Password;
(5) loss or liability resulting from errors, omissions, or misstatements
in any and all information or services(s) provided under this Agreement;
(6) loss or liability resulting from the development or interruption of
your Web site or email service.
You agree that we will not be liable for interruption of business, or
any indirect, special, incidental, or consequential damages of any kind
(including lost profits) regardless of the form of action whether in contract,
tort (including negligence), or otherwise, even if we have been advised
of the possibility
of such damages. In no event shall our maximum liability exceed one hundred
($100.00) dollars.
14. INDEMNITY.
You agree to release, indemnify, and hold us, our contractors, sub-contractors,
assigns, agents, employees, officers, directors and affiliates harmless
from all liabilities, claims and expenses, including attorney's fees,
of third parties relating to or arising under this Agreement, the Services
provided hereunder or your use of the Services, including without limitation
infringement by you, or someone else using the E-mail Service with your
computer, of any intellectual property or other proprietary right of any
person or entity, or from the violation of any of our operating rules
or policy relating to the service(s) provided. When we are threatened
with suit by a third party, we may seek written assurances from you concerning
your promise to indemnify us; your failure to provide those assurances
may be considered by us to be a breach of your Agreement and may result
in termination of our Services to you.
15. BREACH.
You agree that failure to abide by any provision of this Agreement, any
operating rule or policy provided by us, may be considered by us to be
a material breach and that we may provide a written notice, describing
the breach, to you. If within thirty (30) calendar days of the date of
such notice, you fail to provide evidence, which is reasonably satisfactory
to us, that you have not breached your obligations under the Agreement,
then we may terminate our Services, including but not limited to our web
hosting services, without further notice. Any such breach by you shall
not be deemed to be excused simply because we did not act earlier in response
to that, or any other breach by you.
16. NO GUARANTY.
You agree that, by registration or reservation of your chosen domain name,
such registration or reservation does not confer immunity from objection
to the registration, reservation, or use of the domain name.
17. DISCLAIMER OF WARRANTIES.
You agree and warrant that the information that you provide to us to register
for our Services is, to the best of your knowledge and belief, accurate
and complete, and that any future changes to this information will be
provided to us in a timely manner according to the modification procedures
in place at that time. You agree that your use of our Services is solely
at your own risk. You agree that such Service(s) is provided on an "as
is," "as available" basis. We expressly disclaim all warranties
of any kind, whether express or implied, including but not limited to
the implied warranties of merchantability, fitness for a particular purpose
and non-infringement. We make no warranty that the Services will meet
your requirements, or that the Service(s) will be uninterrupted, timely,
secure, or error free; nor do we make any warranty as to the results that
may be obtained from the use of the Service(s) or as to the accuracy or
reliability of any information obtained through the our e-mail service
or that defects in the Services software will be corrected. You understand
and agree that any material and/or data downloaded or otherwise obtained
through the use of the our e-mail service is done at your own discretion
and risk and that you will be solely responsible for any damage to your
computer system or loss of data that results from the download of such
material and/or data. We make no warranty regarding any goods or services
purchased or obtained through the e-mail service or any transactions entered
into through the e-mail service. No advice or information, whether oral
or written, obtained by you from us or through the e-mail service shall
create any warranty not expressly made herein. Some jurisdictions do not
allow the exclusion of certain warranties, so some of the above exclusions
may not apply to you.
18. REVOCATION.
You agree that we may terminate your right to use our Services if the
information that you provided to register for our Services, or subsequently
to modify it, contains false or misleading information, or conceals or
omits any information we would likely consider material.
19. RIGHT OF REFUSAL.
We, in our sole discretion, reserve the right to refuse to host your website
or register you for other Services, or to terminate the Services we provide
you within thirty (30) calendar days from receipt of your payment for
such services. In the event we do not host your website or register you
for other Services within such
thirty (30) calendar day period, we agree to refund your applicable fee(s).
You agree that we shall not be liable to you for loss or damages that
may result from our refusal to host your website or register you for other
Services.
20. SEVERABILITY.
You agree that the terms of this Agreement are severable. If any term
or provision is declared invalid or unenforceable, that term or provision
will be construed consistent with applicable law as nearly as possible
to reflect the original intentions of the parties, and the remaining terms
and provisions will remain in full force and effect.
21. NON-AGENCY.
Nothing contained in this Agreement shall be construed as creating any
agency, partnership, or other form of joint enterprise between the parties.
22. NON-WAIVER.
Our failure to require performance by you of any provision hereof shall
not affect the full right to require such performance at any time thereafter;
nor shall the waiver by us of a breach of any provision hereof be taken
or held to be a waiver of the provision itself.
23. NOTICES. Any notice, direction or other communication
given under this Agreement shall be in writing and given by sending it
via e-mail or via regular mail. In the case of e-mail, valid notice shall
only have been deemed to be given when the sender has obtained an electronic
confirmation of delivery. E-mail notice shall be sent to you at the e-mail
address you have provided in your registration application or as updated
from time to time. Mail shall be sent to us at
iTVGroup Hosting Services:
3250 Pine Creek Drive
Brighton, MI 48114
and mail shall be sent to you at the mailing address you have provided
in your registration application or as updated from time to time.
24. ENTIRETY.
You agree that this Agreement and the rules and policies published by
us are the complete and exclusive agreement between you and us regarding
our Services. This Agreement supersedes all prior agreements and understandings,
whether established by custom, practice, policy or precedent.
25. GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED
AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE
STATE OF MICHIGAN APPLICABLE THEREIN WITHOUT REFERENCE TO RULES GOVERNING
CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT
IN OAKLAND COUNTY, MICHIGAN, AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION
OF SUCH COURTS.
26. INFANCY.
You attest that you are of legal age (18 years or older) to enter into
this Agreement.
27. ACCEPTANCE OF AGREEMENT.
BY PAYING AND ACTIVATING AN iTVGROUP WEB HOSTING ACCOUNT, YOU ACKNOWLEDGE
THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS.
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