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Web Hosting User Agreement
Prior to registering for Torg Creations Web Hosting services, you must read this form in its entirety. Please contact us if you have any questions. Thank you.
The user of Torg Creations Web Hosting Services (client) agrees to abide by the following regulations:
1. The client will not use Torg Creations facilities for the storage or distribution of any image that is considered obscene, pornographic, lewd, erotic, or appeals to the prurient interest of the average person. The owners of Torg Creations reserve the right to make the sole determination of what may or may not fall under the above mentioned categories and such decision will be applied by Torg Creations without appeal by the client.
2. The client will not use Torg Creations facilities for the delivery of any proprietary software to any other person unless the client has the full and legal right to claim ownership and/or distribution rights of said software for the purposes of sale and/or distribution.
3. The client will not use Torg Creations facilities for the purpose of sending or receiving the responses of bulk commercial email nor shall the client use Torg Creations' facilities for the sending of any unsolicited email in any form for any purpose. Neither shall the reseller nor the client of the reseller allow any bulk commercial email to be sent that directs the recipient to go to the website of the reseller of the reseller's client. Neither shall the client use any of Torg Creations' facilities to facilitate the harassment of any Internet user in any fashion.
4. The client will not permit any other person(s) to use Torg Creations facilities for the purpose of violating client agreement paragraphs one, two, and three.
5. The client grants Torg Creations the right to investigate any large and/or sustained transfer of data for the purposes of determining if the client is violating client agreement paragraphs one, two, and three.
6. The client understands that if he or she is in violation of client agreement paragraphs one, two, three, or four that Torg Creations will immediately and without recourse terminate the client's account without warning or refund.
7. Torg Creations reserves the right to move large client files to another server if necessary for the purpose of effective delivery of those files. Torg Creations will notify the client by email if such a change is necessary.
8. No client will interfere with, disrupt, electronically intrude upon, or attempt to gain unauthorized access to any aspect of Torg Creations' network, servers, hard drives, or any other equipment owned or leased by Torg Creations for any purpose whatsoever. Violation of the terms of this paragraph may result in civil or criminal penalties and/or immediate termination of the account without warning or refund.
9. Clients shall not rent, sell, transfer, or otherwise allow others to use their account space or services without the explicit and advance written consent of Torg Creations. Torg Creations has the right to accept or deny that request at Torg Creations' discretion.
10. The client assumes all responsibility and liability for any text, images, graphics, or other electronic data that the client deposits on Torg Creations equipment whether that data is distributed or not to any other user. The client assumes all responsibility and liability for any damages resulting from the storage and/or distribution of such electronic data if any storage and/or distribution of such electronic data results in a violation of any local, state, federal, or international law or regulation.
11. The client agrees to pay all charges incurred for services on or before the date on which those charges are due. Unless agreed to in advance by Torg Creations in writing, all payments are due by the first day of the month and considered late by the tenth day of the month. The client understands that failure to pay such charges by the tenth of each month in which they are due could result in immediate discontinuance of services to that client by Torg Creations according to the following terms:
- Due to the delayed nature of our billing method, we are forced to take a hard line on the payment due date. We mail bills no later than the 15th of each month and you should receive them within one week. That bill is due by the first of the month. We then give you an additional ten-day grace period to pay that bill. If payment has not been received by the close of business on the tenth, we will send an email notification or phone call that evening indicating that we have not yet received payment. You then have until the close of the next business day to deliver the payment or use an overnight delivery service to send your remittance (for which you must email or call us with the tracking number for verification that payment has been sent).
- If payment has not been received by the next business day, it will result in immediate termination of the account unless prior arrangements have been made. In the event of that occurrence, we will expect payment of the outstanding balance in full plus a two month estimated-use refundable deposit to restore service. Effective with the bill due on 15 February, 1999, any and all unpaid balances that are 60 days or more in arrears will be charged a 5 % per month late fee. Any and all unpaid balances that are 60 days or more in arrears will also be subject to collection, with the delinquent account owner liable for any and all collection fees, court costs, etc.
12. Torg Creations reserves the right to interpret the above paragraphs in a broad manner and to modify, delete, or add to these agreements at any time. Torg Creations will notify the client of any changes in this agreement by email or US Postal Service.
13. Any adjudication of any applicable laws regarding this user agreement or any other agreements as they relate to Torg Creations Web Hosting Service shall fall within the jurisdiction of the county of Snohomish, in the State of Washington, in the United States of America.
Torg Creations Web Hosting, Marysville, WA USA
Copyright 1996 - 2007. All rights reserved.
Send comments to webmaster@torgcreations.com
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