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Terms of Service

Defined Terms

Provider - Skagit Valley Internet LLC, a Washington Company

Client - The person or entity that is applying for Skagit Valley Internet LLC web services

Service - The service provide by Skagit Valley Internet LLC to one of our valued clients

Content - Information such as, but not limited to, data, text, software, music, sound, photographs, graphics, video, messages or other materials

Bandwidth - the total additive amount of data downloaded from sites on Skagit Valley Internet LLC and any of our affiliates, servers that comprise a single billing group, for billing purposes this is considered monthly.

Unmetered Bandwidth - implies that the data transfer is not charged on a metered basis so long as it remains within reasonable expectations. Skagit Valley Internet LLC, Inc. considers if any web site jeopardizes the security or system resources of our servers then we must limit their bandwidth as outlined in this Agreement

The Provider agrees to provide, and Client agrees to receive, access to The provider services according to the following terms and conditions:

a) The client agrees to not use the service to:

- Upload, post or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasion of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;

- Upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

- Upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

- Upload, post or otherwise transmit any content any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

- Intentionally or unintentionally violate any applicable local, state, national, international law, including, but not limited to, regulations promulgated by the United States Securities and Exchange Commission, any rules of any national or other securities exchange.

- Promote or provide instructional information about illegal activities, promote physical harm or injury against any group of individuals, or promote any act of cruelty to animals. This may include, without limitation, providing instruction on how to assemble bombs, grenades, and other weapons, and creating "crush" sites.

b) Special Admonitions for International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which the client resides.

c) Resale of Service

The client agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service, or access to the service without the permission of the provider.

d) Modifications to the service

The provider reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently the service (or any part thereof) with or without notice. You agree that the provider shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the service.

e) Client Conduct

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. This means that you, and not the provider, are entirely responsible for all content that you upload, post or otherwise transmit via the service. The provider does not control the content posted via the service and, as such, does not guarantee the accuracy, integrity or quality of such content.

f) Termination

The provider reserves the right, in sole discretion, to deactivate the client's account(s) upon indication of credit problems including without limitation to delinquent payments. This agreement shall become effective upon a Client's use of the Service. If you do not agree to these Terms of Service, Acceptable Usage Policy, and Billing Policy, you may not use the Service. The provider, at its sole discretion, may terminate this agreement immediately or suspend your access to the provider's services upon any breach of the agreement by the client.

The client is responsible for notifying the provider of their wish to terminate the account, if so desired. Charges will accrue until your notification to the provider is received of account termination. The client must give the provider 10-business days notification before cancellation of the account and is subject to a $99 early termination fee. After 30 days of nonpayment, the provider will close the client's account(s) and the client will then be required to re-subscribe according to the policies in effect at the time in order to continue service.

g) Abuse of Bandwidth

Not applicable

h) Force Majeure

The provider performance hereunder is subject to interruption and delay due to causes beyond its reasonable control such as acts of God, acts of any government (including but not limited to its contractors, affiliates, etc.), war or other hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or labor disputes, inability to obtain necessary supplies and the like.

The provider's performance hereunder is subject to interruption and delay due to causes such as service upgrades, network upgrades, daily backups, hardware upgrades, and the like. You agree the provider will not be held liable for any such service interruptions outlined in this agreement. The provider reserves the right with or without notice to upgrade or update the provider's servers at any time. While the provider will attempt to notify the client, the provider is not obligated to do so.

i) Severability

If any provisions of this agreement are held to be unenforceable for any reason, such provisions shall be reformed only to the extent necessary to make it enforceable, and all other provisions shall remain unaffected.


j) Relationship of Parties

You acknowledge and agree that you and the provider are independent contractors under these Terms and Conditions, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party pursuant to these Terms and Conditions has authority to enter into agreements of any kind on behalf of the other nor neither party shall be considered the agent of the other.


k) Changes to Terms of Conditions and Changes in Products and Services

The provider reserves the right to modify the Products and Services from time to time, for any reason, and without notice, including the right to terminate the Products and Services. The provider reserves the right to modify these Terms and Conditions from time to time, without notice. Please review these Terms and Conditions from time to time so you will be apprised of any changes.

l) Notices

Except as otherwise stated provided herein, all notices hereunder shall be given in writing as follows:

Skagit Valley Internet LLC
PO BOX 2507
Mount Vernon, WA 98273

Telephone: 360-543-9063

m) Choice of Law and Forum

This agreement shall be governed by and construed in accordance with the laws of the State of Washington, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this agreement or your use of this Service shall be filed only in the state or federal courts located in the Commonwealth of Virginia, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

n) Waiver

Failure of any party to enforce any provision of the agreement shall not constitute or be construed as a waiver of such provisions or of the right to enforce such provision.

Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. Provider is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider or its clients may utilize. In the event it is necessary to refer a dispute to an attorney or resolve it in a court of law, the prevailing party will be entitled to an award of reasonable attorney's fees and all costs associated with any legal action, whether or not a suit shall actually be filed.

If the client is not satisfied with the provider services within the first 30 days of service, provider has the option to refund up to 100% of the monthly or quarterly fees. All setup fees are non-refundable and will not be credited under any circumstances. Client will not receive a refund for any other reason, including but not limited to: late cancellation, slow connection caused by Client's ISP/network, Client's ignorance, InterNIC delays, account termination for violation of policies. The provider reserves the right to terminate this agreement, and to delete the Website from its hardware, immediately upon the occurrence of any of the following events:

1. Non-payment of any charges due from Client;

2. Breach of any term or condition of this agreement by Client;

3. Commencement of any lawsuit or proceeding against Client arising from or relating to its use of the Website, whether or not such suit names the provider as a party or seeks and recovery from the provider.

While provider shall make every reasonable effort to protect and backup data for Client on a regular basis, provider is not responsible for client's files residing on the provider's equipment. Client is solely responsible for independent backup of data stored on provider's servers.

THE PROVIDER SERVICE IS BASED ON AN "AS IS, AS AVAILABLE" BASIS. THE PROVIDER GIVES NO WARRANTY EXPRESSED, OR IMPLIED, FOR THE PROVIDER'S SERVICES PROVIDING, INCLUDING, WITHOUT LIMITATION, WARRANTY OF MERCHANTABILITY AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THIS EXPRESSLY INCLUDES ANY REIMBURSTMENT FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE BY PROVIDER OR ITS PROVIDERS BEYOND THE FEES PAID BY CLIENT TO PROVIDER FOR SERVICES.

CLIENT HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER THROUGH CLIENT'S ACCOUNT(S) WILL NOT CONTAIN ANYTHING LEADING TO AN ABUSIVE OR UNETHICAL USE OF THE PROVIDER PRODUCT(S) AND THE HOST SERVER(S). ABUSIVE AND UNETHICAL MATERIALS AND USES INCLUDE, WITHOUT LIMITATION PORNOGRAPHY, OBSCENITY, NUDITY, ADULT ORIENTATED, VIOLATIONS OF PRIVACY, COMPUTER VIRUSES, AND ANY HARRASSING AND HARMFUL MATERIALS OR USES. CLIENT HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS THE PROVIDER FROM ANY CLAIM RESULTING FROM YOUR PUBLICATION OR MATERIALS OR YOUR USE OF THOSE MATERIALS. PROVIDER MAY OR MAY NOT GIVE NOTICE BEFORE DEACTIVATE THE USE OF ANY ACCOUNT(S) WHICH THE PROCIDER DECIDES IS AN ABUSIVE OR UNETHICAL USED OF THE PROVIDER ACCOUNT(S) OR HOST SERVER(S).

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PROVIDER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, SERVICE OPTIONS, PROMISES, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

By submitting a billing information on the order form or by submitting an order for service, Client agrees to authorize all recurring charges to the account and any other balances incurred due to overages of limits, additions of extras to the account, service charges and/or any other fees and agrees to the provider terms of service regarding our services.

If you have any questions or to report abuse please e-mail support@whatcomhost.com.

 

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Skagit Valley Internet LLC. All Rights Reserved

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