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Terms and Conditions of Service
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Updated: February, 2008
General
Upon signing up for Com2 Media’s (herein the company, Com2 Media, we or our) services, all customers agree to comply with and be bound by Com2 Media's Terms and Conditions of Service.
Illegal Use
Com2 Media servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable 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. Examples of unacceptable content or links include: pirated software, hacker programs or archives, Warez sites, MP3, and IRC bots.
Adult Content
Due to the special system and network requirements of adult-oriented sites, pornography and sex-related merchandising are prohibited. This includes sites that may infer sexual content or provide links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.
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.
UCE (Unsolicited Commerce Email) - SPAM
Spamming, the sending of unsolicited mass email from or through a Com2 Media server or using an email address that is maintained on a Com2 Media machine is STRICTLY prohibited. Com2 Media will be the sole arbiter as to what constitutes a violation of this provision. Customers are also in violation of this provision if they engage in spamming using the service of another ISP or IPP, but channel activities through a Com2 Media server as a mail drop for responses. Violators will be assessed a minimum fine of $200 and will face immediate suspension.
Server Abuse
Any attempts to undermine or cause harm to a Com2 Media server or customer are strictly prohibited.
Payments
Payment, in full, is due on or before the date indicated on each invoice. Partial payments will be credited toward the amount due, however a late fee will be applied. Accounts paid after the due date will be subject to a $25 late fee. Additional late fees will be charged every 30 days that an invoice remains unpaid.
Suspension and Cancellation of Past Due Accounts.
An account sixty (60) days past due will be declared in default and is subject to cancellation or suspension.
Customer Cancellation
Accounts requiring a minimum hosting period (term agreement) cancelled prior to the end date are subject to an early termination fee of $195. Refund for unused services will be paid in accordance with the terms listed under “Refunds”.
Reactivation
After cancellation account data will be saved for 60 calendar days, starting the day after account cancellation. Accounts may be reactivated any time within the 60 day period. A reactivation fee of $150 will apply. After 60 days accounts may be reactivated for a fee of $250. Account data may not be available after 65 days.
Refunds
Fees paid for all services offered by Com2 Media, unless otherwise specified, are nonrefundable. In the case of prepaid hosting, unless associated with a term requirement, Com2 Media will refund the balance remaining for unused months of service. Hosting services discounted as part of a term agreement are subject to a refund of the remaining balance less the full hosting service charge for each month of service used, in addition to an early termination fee (see Customer Cancellation).
Ownership
Com2 Media will retain ownership of all web content not provided directly by the client.
Maintenance Plan
Unused services purchased as part of the maintenance plan will accumulate at a rate of one half (.5) hour per month to a maximum of three (3) service hours. Accounts including the maintenance plan will be subject to a minimum .25 hour charge per site modification.
Service Rates and Fees
Rates charged for services provided by Com2 Media are subject to change without notice. The most current rate for each service may be found on the “Our Service” page of our web site. A minimum one hour charge will be billed for each service request.
Agency
Com2 Media is not an employment agency and makes no claim or guarantee of interview opportunities and or job placement. Com2 Media is not associated with any job placement agency, and has no association with any corporate human resources or labor departments.
Actions Taken by Com2 Media
The failure by a customer to meet or follow any of the above Terms and Conditions of Service is grounds for account deactivation. Com2 Media will be the sole arbiter as to what constitutes a violation of the Terms of Use. Com2 Media reserves the right to remove any account without prior notice.
When Com2 Media becomes aware of an alleged violation of its Terms of Use, Com2 Media will initiate an investigation. During the investigation, Com2 Media may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Com2 Media 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, Com2 Media will notify the appropriate law enforcement authorities of such violation.
Indemnification
Com2 Media customers agree to indemnify and hold harmless Com2 Media LLC from any claims resulting from the use of our services that damages them or any other party. All Com2 Media service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Com2 Media expressly disclaims any representation or warranty that the Com2 Media service will be error-free, secure or uninterrupted. No oral advice or written information given by Com2 Media, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Com2 Media and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of our service.
Modification
Com2 Media reserves the right to add, delete, or modify any provision of its Terms and Conditions of Service at any time without notice.
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