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MISTY ORCHARD BUSINESS WEBSITES |
Affordable Web Design & Maintenance |
Terms of Services Revision date: 10/11/2009 All services provided by Misty Orchard Easy Websites ("Misty Orchard Easy Websites") may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Misty Orchard Easy Websites from any claims resulting from the use of service which damages the subscriber or any other party. All items communicated in the Terms of Service also apply to "Misty Orchard Business Websites" and "Misty Orchard Petsites" which are divisions of "Misty Orchard Easy Websites". Prohibited are sites that promote any illegal activity or present content that may be damaging to Misty Orchard Easy Websites' servers, or any other server on the Internet. Links to such materials are also prohibited. Examples of unacceptable content or links: pirated software hacker programs or archives Warez sites Refusal of Service We reserve the right to refuse, cancel or suspend service, at our sole discretion. Billing Billing occurs yearly and will not be automatically initiated. Payment is due at the beginning of each 365 day period. The beginning of the 365 day period will be determined by the date that the website is first up and running. We will notify you 15 days before due date. If payment is not received by 15 days past the due date we will assume that you are not renewing your service and service will be terminated. For services that are billed monthly, payments will be due on the date agreed to between Misty Orchard Easy Websites and user. User will be notified of due payment 15 days before due date. If payment is not received by the 15th day after the due date the service will be terminated unless sufficient reason for delay is given. Due to the fact that this is a month to month agreement, if no payment or reason given for delay, service will be terminated. Limitation of Liability Misty Orchard Easy Websites shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Misty Orchard Easy Websites ' servers going off-line or being unavailable for any reason whatsoever. Furthermore, Misty Orchard Easy Websites shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Misty Orchard Easy Websites ' servers. All damages shall be limited to the immediate termination of service. Violations Violations of these Acceptable Use Policies should be referred to tos@moezweb.com. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation. Disclaimer Misty Orchard Easy Websites cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by Misty Orchard Easy Websites are resold. Thus, certain equipment, routing, software and programming used by Misty Orchard Easy Websites are not directly owned or written by Misty Orchard Easy Websites. Account Activation By activating your account with Misty Orchard Easy Websites, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer. NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem. Server Uptime Guarantee Although Misty Orchard Easy Websites has an excellent record for reliability, we do not offer an uptime guarantee. However, our network and servers are monitored continuously, and are rarely down except for scheduled maintenance and hardware and software upgrades. Misty Orchard Easy Websites reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. Adult-Oriented Content: Misty Orchard Easy Websites does not allow adult content . Defamatory or Abusive Language: Using Misty Orchard Easy Websites' as a means to transmit or post defamatory, harassing, abusive or threatening language is prohibited. |