Terms and Conditions  

I. Financial Arrangements:
The Customer agrees to at least a three (3) month contract, beginning upon commencement of service. First three (3) months payment plus a non-refundable setup charge, if any, shall be due upon receipt of contract.

This agreement will automatically renew for successive three (3) month periods for the life of the contract until cancelled in writing. Customers paying by check or money order will receive an invoice for charges and payment is due upon receipt. Customers paying by credit card expressly agree to have their credit card account billed quarterly for the recurring charges for the life of the contract including any automatic renewal periods.

Initial payment is due with the contract. For accounting purposes, renewal charges for contracts received on or after the 20th of the month will accrue as of the 1st of the following month. By way of example, an account setup on August 20th will be setup immediately and the initial payment will be due with the contract. The initial term of the agreement will be August 20 through November 30. The first renewal charge will be due in December for second quarter of services.

NOTE: Effective 1/01/2001 a 10% late charge will be applied to all accounts not paid by the date due. Additional late charges will be added on the unpaid balance on the first of the month until payment in full is received.

If payment is not received by the 10th of the month in which it is due, the site can be suspended at the discretion of ABC Web Consulting from access until payment is received by ABC Web Consulting.

II. Taxes:
ABC Web Consulting and any of its affiliates shall not be liable for any taxes or other fees to be paid in accordance with or related to sales made from the Customer using ABC Web Consulting and any of its affiliates' Server. The Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold by the Customer.

III. Material and Products:
The Customer will provide ABC Web Consulting and any of its affiliates with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of ABC Web Consulting and any of its affiliates. ABC Web Consulting and any of its affiliates shall make no effort to validate this information for content, correctness or usability. Use of ABC Web Consulting and any of its affiliates' service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the Customer's Web Space by the Customer. The following examples are offered: Web Publishing: requires a knowledge of HTML, properly locating and linking documents, FTPing Web Space contents, Graphics, text, Sound, image mapping, etc. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc. Autoresponders: a knowledge of mReply autoresponder, forwarding mail, use of mail by Customers to receive mail, etc. The Customer agrees that he or she has the necessary knowledge to create the Customer's Web Space. The Customer agrees that it is not the responsibility of ABC Web Consulting and any of its affiliates to provide this knowledge or Customer Support outside of the defined service of ABC Web Consulting and any of its affiliates. ABC Web Consulting and any of its affiliates will exercise no control whatsoever over the content of the information passing through the network. ABC Web Consulting and any of its affiliates makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. ABC Web Consulting and any of its affiliates also disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of ABC Web Consulting and any of its affiliates is at the Customer's own risk, and ABC Web Consulting and any of its affiliates specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. ABC Web Consulting and any of its affiliates expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro- rata monthly charge during the system unavailability. ABC Web Consulting and any of its affiliates specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not "Server-ready", ABC Web Consulting and any of its affiliates may, at its option and at any time, reject this material, including but not limited to after it has been put on ABC Web Consulting and any of its affiliates' Server. ABC Web Consulting and any of its affiliates agrees to notify the Customer immediately of its refusal of the material and afford the Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of ABC Web Consulting and any of its affiliates. If the Customer fails to modify the material, as directed by ABC Web Consulting and any of its affiliates, within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be deemed to be terminated.

IV. Trademarks & Copyrights:
The Customer warrants that it has the right to use the applicable trademarks, if any.

V. Hardware, Equipment & Software:
The Customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access ABC Web Consulting and any of its affiliates. ABC Web Consulting and any of its affiliates makes no representations, warranties or assurances that the Customer's equipment will be compatible with the ABC Web Consulting and any of its affiliates service.

VI. Age:
The Customer certifies that he or she is at least 18 years of age.

VII. Internet Etiquette:
The Customer may not use ABC Web Consulting and any of its affiliates servers for the purpose of MASS Electronic Junk Mail.(SPAM) The Customer may not use ABC Web Consulting and any of its affiliates' servers for excessive computation time inappropriate for Internet Web servers. The Customer may not install in her/his account any program which presents a security problem on that server. ABC Web Consulting and any of its affiliates reserves the right to immediately cancel any service account which is causing a disruption of services for other customers. Electronic forums such as mail distribution lists and Usenet news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of ABC Web Consulting and any of its affiliates may not be used to impersonate another person or misrepresent authorization to act on behalf of others or ABC Web Consulting and any of its affiliates. All messages transmitted via ABC Web Consulting and any of its affiliates should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access.

VIII. Termination:
This Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice. Notice must be made by mail or electronic mail. ABC Web Consulting and any of its affiliates will not accept terminations over the telephone. Notwithstanding the above, ABC Web Consulting and any of its affiliates may terminate service under this Agreement at any time, without penalty, if the Customer fails to comply with the terms of this Agreement, including non-payment. ABC Web Consulting and any of its affiliates reserves the right to charge a reinstatement fee.

IX. Limited Liability:
The Customer expressly agrees that use of ABC Web Consulting and any of its affiliates' Server is at the Customer's sole risk. Neither ABC Web Consulting and any of its affiliates, nor its employees, agents, third party information providers, merchants licensers or the like, warrant that ABC Web Consulting and any of its affiliates' Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the ABC Web Consulting and any of its affiliates Server service, unless otherwise expressly stated in this Agreement. Under no circumstances, including negligence, shall ABC Web Consulting and any of its affiliates, its officers, agents or anyone else involved in creating, producing or distributing ABC Web Consulting and any of its affiliates' Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the ABC Web Consulting and any of its affiliates Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to ABC Web Consulting and any of its affiliates' records, programs or services. The Customer hereby acknowledges that this paragraph shall apply to all content on ABC Web Consulting and any of its affiliates' Server service.

Notwithstanding the above, the Customer's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which the Customer paid during the term of this Agreement and any reasonable attorney's fee and court costs.

X. Lawful Purpose:
The Customer may only use ABC Web Consulting and any of its affiliates' Server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets. This also includes links or any connection to such materials.

XI. Indemnification:
The Customer agrees that it shall defend, indemnify, save and hold ABC Web Consulting and any of its affiliates harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against ABC Web Consulting and any of its affiliates, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Customer, its agents, employees or assigns. The Customer agrees to defend, indemnify and hold harmless ABC Web Consulting and any of its affiliates against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with ABC Web Consulting and any of its affiliates' Server; (ii) any material supplied by the Customer infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which the Customer sold on the ABC Web Consulting and any of its affiliates Server.

XII. Contract Revisions:
Revisions to this Contract will be applicable to previous Contracts. Revisions will be considered agreed to by the Customer on renewal of ABC Web Consulting and any of its affiliates. Services as specified in Section I. Financial Arrangements.

XIII Transfer:
The Customer may not transfer this agreement without the written consent of ABC Web Consulting and any of its affiliates. This Agreement constitutes the entire understanding of the parties. Any changes or modifications to this Contract thereto are agreed to by both parties upon renewal of services.

*Note: ABC Web Consulting tech support cannot provide answers for questions concerning anything other than the services and products that we provide. Any software or script problems should be reported to the support department of the manufacturer or creator of that product. We can also not provide support for page coding, design, or layout of your website.*

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