The
services provided for under this agreement shall begin on the creation
date of your account and will remain in effect as long as your account is
active.
Client will be
responsible for payment in advance of service provided. All accounts will
be billed on a fixed monthly basis (beginning and ending the first and
last days of the calendar month) or on one of the pre-paid plans.
Please note that our dedicated & managed servers require a minimum 6
month commitment.
Once the client
approves of and pays for any outstanding balances owed for work done, the
work (design, scripts, databases, programming, etc.) becomes the property
of the client.
Both parties
agree to accept electronic mail as legally binding documentation for
billing and notification purposes.
All invoices are
due and payable upon receipt. Failure to pay any amount due within fifteen
(15) days of the due date shall constitute sufficient grounds for
termination of service without notice.
All returned
checks are subject to a $35.00 fee for each time they are returned by your
bank. Accounts may be terminated if bad checks are not paid within five
(5) days.
ENDS reserves the
right to change the rates and otherwise modify this notice upon thirty
(30) days notice to you. Use of ENDS Internet Service after the effective
date constitutes acceptance of the new terms and conditions/service
agreement.
ENDS Internet
Services are provided on an as is basis. These services are provided
without warranty of any kind, expressed or implied, including programming
services, database services, any software or material provided to the
client, or any other type of service offered.
In no event will
ENDS be liable for any direct, indirect, incidental, or consequential
damages, including but not limited to, loss of data resulting from delays,
non-deliveries, or service interruptions caused by ENDS or by your own
errors and/or omissions or by an act of God.
Client is
responsible for implementing sufficient procedures and checkpoints to
satisfy its requirements for accuracy and security of data and access
codes. Although ENDS routinely checks on its client’s servers, the
client is also responsible for maintaining a means external to ENDS for
archiving any data critical to the client.
Client agrees to
protect and treat as confidential all passwords, user names, and
proprietary information provided by ENDS for access to its systems.
Sharing of names/accounts is expressly forbidden. If a client believes
their user name or password has been compromised, immediate email or
written notification must be provided to ENDS. Client will be held
responsible for all acts/communications initiated or authorized by its
user name.
ENDS Internet
Service may only be used for lawful purposes. Transmission or storage of
any material in violation of any US state law or regulation is prohibited.
This is included, but not limited to, copyright material, material legally
judged to be threatening or obscene or material protected by trade secret.
The client agrees to indemnify and hold harmless ENDS, from any claims
resulting from clients' use of the service.
Any access to
other networks or systems through ENDS Internet Service must comply with
the applicable rules of that service.
ENDS specifically
denies any responsibility for the accuracy or quality of information
obtained though its services. Use of any information obtained via ENDS
Internet Service is at your own risk. ENDS will not be responsible for the
reconstruction of any lost data, outside of that provided by and required
for the operation of ENDS itself.
ENDS will not be
responsible for service interruptions beyond its control; including but
not limited to acts of nature, service interruptions by its providers, or
modifications to the clients system by the client or a third party.
ENDS reserves the
right to bring the system down at any time without notice for service or
system upgrades. Clients will be notified by email at least five (5) days
prior to any scheduled major service/upgrades.
ENDS will not
monitor or regulate the content of information or data passing through or
temporarily stored on its system, except under court order or where
reasonable suspicion of a legal violation exists.
ENDS reserves the
right to discontinue all or any part of the provided service at any time
for any reason.
ENDS will make a
reasonable effort to respond to requests for support; however, outside of
server management for our managed server technical support is not implied
under the terms of this agreement.
These terms and
conditions represent the entire agreement between you, the client, and
ENDS. These terms and conditions shall be governed and interpreted in
accordance with the laws of the State of Maryland, United States of
America. Client consents and submits to the jurisdiction of any state or
federal court located within Montgomery County, Maryland. Client hereby
waives any right to change venue. Any claims or causes of action arising
out of or related to this agreement must be initiated within six (6)
months after the claim or cause of action has arisen or is barred.
Acceptable Uses
and Policies:
This memorandum
establishes operating principles and acceptable use policies as they
relate to the Clients use of the Internet and the connection/services
provided by ENDS to the Client.
1) Responsibility
and Respect - The Internet is a network intended for use by users that act
in a mature manner. The Client recognizes this principle and undertakes at
all times to act with respect, courtesy and responsible, giving due regard
to the interests and rights of other Internet user groups. This general
guideline carries with it the following specific responsibilities:
2) Improper Uses
- The Client will avoid violation of certain generally accepted guidelines
on Internet usage such as restrictions on mass mailings and mass
advertisements, pirating or copying of software, mail bombing or other
methods of attempting to deny service or access to other users, and
attempts to violate security. Modifying the server setup will void any
tech support on that server. Any such tech support will be bill to the
client at a hourly rate.
3) Compliance
with Laws - The Client will ensure that its use of the Internet complies
with all applicable federal, state and local law and regulation, including
but not limited to those principles of law which protect against
compromise of copyrights, trade secrets, proprietary information and other
intellectual property rights, libel or defamation of character, invasion
of privacy, tortuous interference, and export of technical or military
data to prohibited countries.
4) Validation of
Information - The Client is responsible for validating the integrity of
the information and data he or she receives or transmits over the
Internet.
5) Security - The
Client is required to protect the security of his or her Internet account
and usage. The Client's password should be treated as private and
confidential and not disclosed to or shared with any third parties.
6) Discretion and
Judgment - The Client is expected to use discretion in the treatment and
handling of Internet information and data and to take particular care to
insure that adult information is not transmitted to juvenile users of the
Internet.
7) Pornography -
We adhere to U.S. laws and regulations regarding adult-related material of
any nature.
8) Net abuse,
including but not limited to activities such as using a non-existent email
return address on a commercial solicitation, spamming (sending unsolicited
advertising to numerous email addresses or newsgroups and/or generating a
significantly higher volume of outgoing email than a normal user),
allowing spamming by third parties to promote a web site hosted by ENDS,
trolling (posting outrageous messages to generate numerous responses),
mail-bombing (sending multiple messages without significant new content to
the same user), subscribing someone else to a mailing list without that
person's permission, cross-posting articles to an excessive number of
newsgroups, or attempting without authorization to enter into a secured
computer system. ENDS reserves the right to determine what constitutes net
abuse.
9) Excessive CPU
usages - Clients using excessive amounts of CPU processing on any of our
servers will be assessed accordingly or face immediate suspension. (This
is a rare scenario on Servers set up to do continuous processes, such as
fluid flow dynamics)
10)
Resale of service - Clients may resell web space within their own account,
but are responsible for the entire domain site content. Clients may not
resell mail services including, but not limited to, mail forwarding
capabilities, POP accounts and auto responders.
