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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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