Limitation of Liability and Indemnity
You agree that Internet Design will not be liable to you, beyond the refund of
your current term's charges, for any direct, indirect, consequential, special
or punitive damage(s) or loss(es) whatsoever you may incur in connection with
the use of the Internet Design system or any of the data or other material transmitted
through or residing on the Internet Design system, even if Internet Design has
been advised of the possibility of such damage or loss. This includes, but is
not limited to, loss of data or any other loss whatsoever resulting from delays,
nondeliveries, misdeliveries, or service interruptions of any nature whatsoever.
In addition, you agree to defend and indemnify Internet Design and hold Internet
Design harmless from and against any and all claims, proceedings, damages, injuries,
liabilities, losses, costs and expenses (including reasonable attorneys fees)
relating to any acts by you or materials or information transmitted by you or
any use by you of Internet Design services which leads wholly or partially to
claims against Internet Design or the Internet Design system by you, by another
customer or by any other person or entity. Without limiting the generality of
the above paragraph, you further acknowledge and agree that:
Use Restricted to Lawful Purposes
You agree that you will only use Internet Design services for lawful purposes.
You agree that you will not transmit any material in violation of any U.S. federal,
U.S. State, or foreign law. This includes, but is not limited to: copyrighted
material, material legally judged to be threatening, obscene, in violation of
the Communications Decency Act or any other section of the Telecommunications
Reform Act of 1996, or material protected by trade secret. Your keyboard input
or files may be monitored in the event of a real or perceived security incident.
You agree that Internet Design may remove objectionable materials residing on
the Internet Design server. Such removal shall be at Internet Design's sole discretion
and Internet Design shall be the sole judge of what constitutes objectionable
material.
Disk Usage
You agree that storage of user data will be done within the user's assigned home
directory, or as assigned by the Internet Design staff. You agree not to use
other disk space, except for Internet Design system programs making temporary
use of the system's public file system areas. Internet Design agrees to supply
account users ten (10) megabytes of disk space. Those requiring additional disk
space may contact Internet Design for details.
Mail Usage You agree that you will not send bulk mail to more than one hundred
(100) users nor unsolicited commercial mail to multiple recipients or use your
Internet Design account or web pages as a return address for unsolicited commercial
mail originated elsewhere.
System Abuse
Administrative intervention required due to abuse of any of the policies in the
Agreement will be billed to the user at $125 per hour.
Billing Policies; Application Form; Changes
You agree that Internet Design may change its rates and otherwise modify any
terms and conditions of this Agreement by notifying you via Internet Design's
services 30 days in advance of the effective date of such changes. Until you
notify us to close your account, you agree that any new terms and conditions
will supersede all previous representations, understandings, or agreements and
shall prevail notwithstanding any variance with the terms and conditions of this
agreement and all order forms submitted. To open or close an Internet Design
account requires written notification by fax or U.S. Mail (Internet Design cannot
process electronic mail or phone requests that are not accompanied by signed
documentation.) You agree to notify Internet Design via email to billing @internetdesign.com,
postal mail, or fax of any changes to your address or telephone number. Service
is invoiced in advance of applicable term. You agree to pay service charges until
the end of the billing cycle in which you request cancellation. Written notification
of cancellation must be received at least five days prior to your cycle date,
with the cycle date being the day of the month you sign up, in order to avoid
charges in full for the next cycle. Upon such notification, Internet Design agrees
to refund the service fees for any future terms outside your cycle as described
above, and close your account at the end of the cycle. All accounts will continue
to be billed until a written notice of cancellation is received, whether or not
the account is actively used. Acceptable billing methods include: automatic credit
card debiting or quarterly or monthly billing in advance by postal mail. If quarterly
billing in advance is chosen, payment is due upon receipt of invoice. Credit
card accounts will automatically be charged monthly. If payment is not received
within thirty (30) days a past due notice will be mailed by postal mail. If payment
is not received with ten (10) days of the notice, the account will be temporarily
deactivated for up to thirty (30) days, and a $25 reactivation fee will apply
to have the account reactivated. If after thirty days of suspension, payment
is still not received the account will be deleted, including all stored email.
If you check is returned to Internet Design unpaid, you agree to pay a returned
check charge of $25.00. If you default, you agree to pay Internet Design reasonable
collection expenses, including attorney and collection agency fees.
Choice of Law
You and Internet Design agree that the law of the State of California, U.S.A.
will apply to all matters relating to this Agreement and to Internet Design services.
In addition, you and Internet Design agree and consent that the courts of San
Luis Obispo County, California, U.S.A., will have exclusive jurisdiction and
be the exclusive venue for any legal actions relating to this Agreement or to
the services provided hereunder.
Rights not Waived
Failure by either you or Internet Design to insist upon compliance by the other
party with the terms and conditions of this Agreement shall not constitute a
waiver of any rights under this Agreement.
Partial Invalidity
If any part, term, or provision of this Agreement is determined to be invalid
or unenforceable by a court, board, or tribunal of competent jurisdiction, such
term or provision shall be construed in all respects as if such provision were
written in a manner acceptable to said court, board, or tribunal, or, if such
provision is found to be totally unacceptable to such court, board, or tribunal
in any form, then as if such invalid provision were omitted altogether.
Entire Agreement
It is expressly understood that there are no oral agreements or understandings
between you and Internet Design which will be deemed to extend, restrict, or
otherwise supersede the exact terms of this agreement. If any provision of this
Agreement fails to comply with applicable law, then this Agreement shall, without
prior notice, be automatically modified to conform with the minimum requirements
of any law or governmental regulation having application to or jurisdiction over
the subject matter or the parties hereto. Otherwise, this Agreement, the Application
Form, and any later written changes published via Internet Design service, constitutes
the entire agreement between the parties.
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