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The following terms and conditions apply only to accounts hosted by Internet Design Concepts. By accepting our hosting services, you agree to the terms as outlined below.
IMPORTANT NOTICE
PLEASE NOTE THAT INTERNET DESIGN CONCEPTS HAS MODIFIED ITS SERVICE TERMS AND CONDITIONS. THIS REVISION WILL BECOME EFFECTIVE AND BINDING FOR YOUR EXISTING SERVICES 30 DAYS FROM February 4, 2005.
NEWLY PURCHASED SERVICES ARE IMMEDIATELY SUBJECT TO THE REVISED TERMS AND CONDITIONS. By accepting our services, you agree to the following terms: Internet Design Concepts (IDC) exercises no control whatsoever over the content of the information contained on the servers or passing through its systems. IDC makes no warranties of any kind, whether expressed or implied, for the service it is providing. IDC also disclaims any warranty of merchantability or fitness for a particular purpose. IDC will not be responsible for any direct, indirect, or consequential damages which may result from the use of this service by its customers or any other related or unrelated third parties. This includes loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions caused by its own negligence or your errors or omissions. IDC specifically denies any responsibility for the accuracy or quality of information obtained through its services. IDC performs regular backups of all files on it's servers, however, IDC makes no warranties of any kind, whether expressed or implied, concerning Client's file residing on our servers. Clients are responsible for retaining a copy of their files. In the event a Client needs any file(s) restored from IDC backup, IDC may charge a restore $25 fee. IDC Web Hosting Services may only be used for lawful purposes. Transmission of any material in violation of any U.S. or state regulation is prohibited. This includes, but is not limited to: copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret. You agree to indemnify and hold IDC harmless from any claims resulting from your use of its services which damages you or another party. Any access to other networks connected to IDC's network must comply with the rules appropriate for that other network. Connectivity is provided for your organization only. Use of IDC Web Hosting Services to send Unsolicited Commercial E-mail (UCE or "spam") may be cause for immediate account termination. This restriction extends to UCE sent from another service but referencing sites on IDC servers. You agree to pay IDC its reasonable expenses, including attorney and system administration fees, incurred in responding to complaints and damages caused by the action of sending UCE. Billing for IDC's service will normally commence when your data file access is installed on the IDC server and can be accessed from the Internet. Service is invoiced quarterly in advance and may be cancelled in writing within 30 days prior to the end of each quarter with no penalty. IDC reserves the right to change the rates by notifying you 60 days in advance of the effective date of the change. Rate changes that occur during an account's current billed period will not take affect until the next billing period. Payment is due prior to the first day of the invoiced billing period. Accounts are automatically renewed on a quarterly basis unless a written request for termination has been submitted as described above. Payments are non-refundable once a billing period has commenced. Accounts are in default if payment is not received by the date of invoiced billing date. A $15 late fee is assessed 15 DAYS AFTER THE BILLING PERIOD DUE DATE to all accounts that remain in default. If your payment is returned to us unpaid you are immediately in default and subject to a returned check charge of $25 from us. Accounts in default may have their service interrupted ANY TIME AFTER THE 15TH DAY. Such interruption does not relieve you from the obligation to pay the invoiced charge PLUS ANY LATE OR COLLECTION FEES. Accounts in default are subject to an interest charge of 1.75% per month on the outstanding balance. If your state law does not allow an interest rate of 1.75% per month, the maximum allowable rate for your state will be charged. If you default, you agree to pay IDC its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under these Terms and Conditions. IDC reserves the right to deactivate your account and/or interrupt your services, either temporarily or permanently, in the event of payment problems including but not limited to: recurring late payments, declined credit payments and returned checks. IDC may also deactivate your account should any of the terms herein be violated. Deactivation of your account will not relieve you from the obligation to pay the invoiced charge. These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Use of IDC's service constitutes acceptance of these Terms and Conditions. -------------------------------------------------------------------------------- Acceptable Use Policy (AUP) All clients of IDC are subject to and bound by the rules of the AUP as described below. IDC reserves the right to take immediate and decisive action against the account and account-holder in the event that the rules below are violated. Such action by IDC may include, but is not limited to, termination of the account, blocking access to email on IDC servers, cancellation of email forwarding, disabling web sites located on IDC servers, and disconnecting other IDC-provided electronic services. Furthermore, users who violate the below policies will forfeit any pre-paid service fees, and IDC will levy appropriate charges against those in violation; such charges include $5 per UCE message processed by IDC servers plus $10 per complaint about such mailings, plus other direct costs suffered by IDC including attorney fees and system administration costs. GENERAL USAGE: The use of your IDC account is limited to you. The account may not be transferred to any other person or organization, temporarily or permanently. You agree to accept sole responsibility for any and all use of your IDC account. Within the usage of your IDC account, you are prohibited from uploading, storing, distributing, posting, sending, or displaying any unlawful, libelous, threatening, abusive, defamatory, or obscene material or message that would violate the rights of any person or constitute a criminal offense under any local, state, national, or international law. You are further prohibited from uploading, distributing, posting, sending, or displaying any copyrighted or proprietary material without the consent of the copyright owner, including but not limited to print material, documents, logos or trademarks, patents, financial information, and software. IDC clients are expressly prohibited from displaying, posting, or distributing "adult" oriented material, pictures, or writings without the implementation of proper age verification as required by the laws governing your region. Any online transactions are solely between you and the seller of the merchandise or services. IDC accepts no responsibility whatsoever for any of the transaction terms or methods, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance, and delivery. Violating or attempting to violate IDC system or network security is strictly prohibited, and those undertaking such activity will be prosecuted under criminal and civil liability laws. IDC will monitor systems and will investigate incidents involving such security violations, and will involve local, state or federal law enforcement if a criminal violation is suspected. Examples of system or network security violations include, but are not limited to:
EMAIL: Distribution of Unsolicited Commercial Email (also known as UCE or "SPAM") messages, including but not limited to solicitation of investment funds, commercial advertising and informational announcements, is prohibited. No user may use another site's mail server for the purpose of relaying mail without prior permission from the owner of the site. No user may intercept or attempt to intercept email intended for another user. USENET: Repeated posting of identical or similar messages, known as excessive cross-posting or multiple-posting or "SPAM", to one or more internet newsgroups is prohibited.
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