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ARE THE TERMS OF SERVICE
which govern your hosting transaction. They explain what we
provide and what we do not provide. All hosting accounts are
covered by a 30-Day
Guarantee. |
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Unacceptable or
Socially Inappropriate Content: we reserve the right to refuse
Domain Hosting Services to Sites deemed "Unsuitable".
Unsuitable sites include, for example, sites that:
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include,
promote, or link to SEXUALLY EXPLICIT material. |
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include, promote,
or link to violence or illegal activities. |
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include, promote,
or link to material that promotes or depicts discrimination
based on sexual orientation, race, gender, religion, national
origin, physical or mental disability, or age. |
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include, promote,
or link to material which violate intellectual property rights
or material of such nature.
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Right
of Refusal: We reserve the right to refuse/terminate hosting
services to any individual, company, organization, or entity
for any reason. In such cases, Andross may issue a full and
immediate refund of all monies paid including setup fee's.
In the event that services are refused/terminated, no explanation
will be required.
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Mail
Server Policy: Any sites that engage in excessive use of the
Mail Server are prone to immediate termination without notice.
Excessive use is defined as any process or procedure which
overtaxes the Mail Server resulting in other clients being
unable to access the Mail Server to send and receive normal
email communications. Prolonged and
repeated mail abuse will result in a users SMTP priveledges
being revoked without notice.
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Spam
Policy: We do not practice, participate in nor condone SPAM
of any sort. Offenders of SPAM will be notified in writing
by us to cease and desist such activities. Failure to comply
will result in immediate termination of mail services without
refund. The negligence of a single domain residing on our
servers could result in we being placed on an anti-spam list.
Should we be placed on the anti-spam list, every domain e-mail
service will be affected and blocked. We wish to protect our
customers of this problem and for this reason, we
will remain intolerant of SPAM.
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Purchasing
Service(s): To begin the purchasing process, you must print,
read, sign and fax this agreement to 707-336-5243 within 30
days of completion of the online contract via our Site. Failure
to send this to us irrevocably waives all client privileges.
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Policies
and Pricing: Customers who purchase Andross service(s) will
be considered customers. All company rules, policies and operating
procedures concerning customer orders, customer service and
service sales will apply to these customers. We reserve the
right to change our policies and operating procedures at any
time. For example, we will determine pricing schedule for
services sold by us which may vary from time to time.
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Payment
of Service(s): Andross accepts payment in the form of Credit
Card (Mastercard, Visa), personal or company check, cashier's
check, and money order.
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NSF
checks will be charged a $50 US service fee. Credit Card numbers
will be verified before transactions occur. Upon receipt of
payment, you will receive an order confirmation via an e-mail
message outlining other policies and procedures.
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Service
Agreement: We agree to process services purchased by customers.
We reserve the right to reject orders that do not comply with
the necessary requirements that we may establish from time
to time. We will be responsible for all aspects of service
processing, customer support and payment processing and we
agree to handle all customer service requests generated at
the order form. After the completion of the setup of your
services, ALL service requests must be made via the Request
for Service Form. This is necessary to be sure all requests
for assistance are met in a timely, efficient manner. affiliates
- We will track sales made to customers who purchase services
using link IDs from the Approved Site to our site and we will
provide you with reports of the sales at the time of Fee Payment.
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Customer
Service and Our Service Warranty: We agree to provide technical
assistance for services you purchased where there is a technical
problem as the result of the setup or configuration of your
Internet service(s). We will resolve these problems and provide
e-mail response as to the solution within 1-2 business days
providing you follow the service policies and procedures outlined
in your order confirmation document. We will provide answers
to frequently asked questions or problems which will be posted
on our site under the FAQ link. We will not provide technical
training other than the FAQ section, the directions that come
to you at the completion of your setup, or training and/or
consulting services you have or will purchase. Andross stands
behind all our services -- both Internet and customer services.
At all times, we want our customers to feel satisfied. We
will provide the best possible service to you. Should you
find a problem with the setup of your Internet service(s)
as it is going on you are responsible to contact Andross as
outlined in your order confirmation document. Flame mail directed
to Andross or any of its officers or employees will not be
tolerated. Should you be unsatisfied with any of our services
within the first 30 days (from the time payment and/or service
agreement is received), where no mutual agreement can be met,
Andross may provide you a full refund minus 10% (required
for labor fees on the setup of your services). Refunds will
not be issued past 30 days.
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We
disclaim all liability for development and maintenance of
Your Site that has not been directly *purchased from Andross.
You will compensate and hold us harmless from all claims,
damages and expenses (including, without limitation, attorneys'
fees) relating to the development and maintenance and contents
of Your Site.
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Should
error or distinctions occur with the operations of your site
based on development or maintenance provided by sources other
than Andross, you will be held liable, and will be expected
to provide the necessary provisions for correction of this.
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Relationship
Between You and Andross: This is an agreement between independent
contractors -- You and Andross. This Agreement does not imply
any partnership, joint venture, agency, franchise, sales representative
or employment relationship between you and Andross. You will
not have, nor will you represent that you have, any authority
to make or accept any offers or representations on our behalf.
You will not do anything to disparage or damage the reputation
of Andross or any of its officers, employees, products and/or
services.
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Misrepresentation:
You will not misrepresent Andross by expressed or implied
claims of success, warranties or service obligations or there
of on our behalf. We disclaim any liability for such claims
or implications made on your part to prospects, potential
customers, and/or customer of Andross. You acknowledge this
agreement will be terminated with or without notice for misrepresenting
Andross, its officers, employees, distributors, assigns or
products or services.
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Modification
of Terms & Conditions: We may modify any of the terms
and conditions of this Agreement, at any time and in our sole
discretion, by posting a change notice and the new agreement
on our site. Modifications may include but are not limited
to changes in available fee or payment schedules or procedures
and Program rules. YOUR ONLY RECOURSE TO CHANGES UNACCEPTABLE
TO YOU IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED USE
OF SERVICE(S) FOLLOWING THE POSTING OF CHANGE ON OUR SITE
WILL CONSTITUTE A BINDING ACCEPTANCE OF THE CHANGE.
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Limitation
of Liability: We disclaim liability for any indirect, special
or consequential damages, arising in connection with this
Agreement or Service(s), even if we have been advised of the
possibility of such damages.
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Disclaimers:
We make no expressed or implied warranties or representations
with respect to any services purchased at Andross (including,
without limitation, warranties of fitness, merchantability,
non-infringement or any implied warranties arising out of
a course of performance, dealing or trade usage). Further,
we make no representation that the operation of our network*,
including our own Site, will be uninterrupted or error free,
and we will not be liable for the consequences of any interruptions
or errors.
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Term
of this Agreement and Termination: The duration of this Agreement
will begin with our receipt of your signed Agreement and will
end when terminated by either party. Either party may terminate
this Agreement at any time, with just cause, by giving the
other party written notice of termination. Removal of all
Andross Logos and all reference to association with Andross
must be removed from the Approved site immediately upon termination
of this Agreement.
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Independent
Investigation: YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT
AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY
EVALUATED THE DESIRABILITY OF PURCHASING Andross, INC. SERVICE(S)
AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT
OTHER THAN AS SET FORTH IN THIS AGREEMENT.
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Miscellaneous:
This Agreement will be governed by the laws of the state of
Washington, without reference to rules governing choice of
laws. Our failure to enforce your strict performance of any
provision of this Agreement will not constitute a waiver of
our right to subsequently enforce such provision or any other
provision of this Agreement Any action relating to this Agreement
must be brought in the federal or state courts located in
the state of Washington and you irrevocably consent to the
jurisdiction of such courts with your acceptance of this Agreement.
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Sign Here:________________________________________
Print Name: ______________________________________
Fax to: 707-336-5243
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