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M&A
Virtual Server TOS
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Legal Compliance. Client will use the
services offered in a manner consistent with all applicable local, state
and federal laws and regulations.
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Offensive Content. Client shall not
knowingly or unknowingly submit to Us for publication of any of the following:
A) any material which violates or infringes any copyright, trademark,
tradesecret, patent, statutory, common law or other proprietary rights
of others.
B) any racial, political, or personal attacks
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Unsolicited Commercial E-mail. You
may not use M&A to send unsolicited advertising, promotional material,
or other forms of solicitation to any one, unless you receive the express
permission of the Subscriber. You may not use M&A to collect or "harvest"
screen names of other Subscribers without the express prior permission
of the Subscriber. M&A reserves the right to block or filter mass email
solicitations on or through M&A. In addition, you a) may not use your
M&A POP account to send such solicitations b) may not use your domain
name or IP address, any sites (names, URL's or IP addresses) belonging
to M&A, or the M&A name in any postings or e-mail solicitations
you choose to participate in anywhere on the Internet. The use of "mirror
sites" (web pages setup on ISPs that allow spamming, that directly or indirectly
reference customers to domains or IP addresses hosted by M&A) in mass
e-mailings are also prohibited. These rules also apply to other forms of
the Internet as well, including posting to news-groups.
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The customer is responsible for keeping his billing
data with M&A up-to-date and accurate. When initiating service,
you will be billed for the one-time setup fee plus a pro rated partial
monthly charge. On or about the first day of every month, you will be charged
for the monthly payment (The way you are charged depends on how you paid
when you signed up). Furnishing false data on the signup form, contract,
or online application, including fraudulent use of credit card numbers
or checks, is grounds for immediate termination, and may subject the offender
to civil or criminal liability.
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Users who violate systems or network security
may incur criminal or civil liability. M&A will cooperate
fully with investigations of violations of systems or network security
at other sites, including cooperating with law enforcement authorities
in the investigation of suspected criminal violations.
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Domain. Unless
you have an existing domain, the Internic will bill you $70 for the first
two years, then $30 thereafter (These are the current rates, which are
subject to change).
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Cancellation. You
may cancel your server at any time by calling us at (937)687-8618. All
cancellations are done on the last day of that month and client is liable
for all charges up until that time.
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Limitation/Disclaimer of Liability. We
are not liable for protection or privacy of electronic mail or other information
transferred through the Internet or any other network provider or it's
customers may use. We do no represent or warrant that client will receive
continual and uninterrupted service during the term of this agreement.
In no event shall M&A be liable to client for any damages resulting
from or related to any failure or delay of M&A to provide service under
this agreement if such delays or failures are due to strikes, riots, fire,
inclement weather, acts of God, theft or vandalism or other causes beyond
M&A's control, as defined by standard industry practices. Such failure
or delay does not constitute a default under this Agreement.
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Indemntity. Client
shall indemnify and hold harmless, M&A, it's directors, officers, employees,
representatives, agents and suppliers, against any and all claims, liabilities,
losses, cost, or damage, including, attorney's fees related to or arising
out of the services provided by M&A to client under this Agreement,
including without limitation claims made by third parties (including Clients
customers) related to any false advertising claims, liability claims for
products or services sold by Client, claims for petent, copyright or trademark
infringement, claims due to disruption or malfunction of services provided
hereunder, or for any content submitted by Client for publication by M&A,
but excluding those related to the negligence of M&A.
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Governing Law/Venue. This
agreement shall be governed by the laws of the state of Ohio. Venue for
any action hereunder shall be in Montgomery County, Ohio.
These rules are Subject to Change and revisions as neccessary. It is the
Customers Responsibility to check back often and keep up to date.
Enforcement Of The Rules
M&A, at it's sole discretion will determine the action to be taken
on the first offense, which may include termination without notification.
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