Communications 4NH
Terms of Service
Thursday, May 15, 2008 18:47:39
Communications 4NH Service Contract
Any use of any services provided by Communications 4NH,
including but not limited to web hosting, email,
connectivity, and/or directory services implies acceptance
of these terms.
IF YOU DO NOT AGREE, DO NOT USE THESE SERVICES.
Terms of Service
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1. SPAM, or UCE (Unsolicited Commercial Email), or ANY OTHER BULK
TRANSMISSION of email sent to more than ten recipients
without their explicit permission IS NOT ACCEPTABLE. Forgery
of headers IS NOT ACCEPTABLE. Sending mail without your
correct return email address IS NOT ACCEPTABLE. The use of
any email software which attempts to hide the sender IS NOT
ACCEPTABLE. Any violation of this paragraph WILL result in
services being PERMANENTLY TERMINATED. In addition, a
service charge of $100.00 per offending email may be applied.
2. The use of our web servers in any manner connected with
pornography, or any illegal use such as copyright violation,
or any use that we deem to be inapproriate in like manner,
whether or not it is specifically illegal, is in direct
violation of our Terms of Service and will result in
immediate deletion of files, and/or immediate termination
of services. This paragraph does NOT obligate us to act
in a timely manner in this regard, nor does failure to act
constitute our acceptance of any prohibited use.
3. The use of our web servers to serve images in conjunction
with Internet auction type of web sites is specifically
prohibited. All files stored in a users "document
directory" must be specifically for the web site that is
featured on the home page. No other files may be stored.
If this section is violated, the files may be deleted
immediately without notice. Any further infraction by
the user will result in services being terminated.
This paragraph does NOT obligate us to act in a timely
manner in this regard, nor does failure to act
constitute our acceptance of any prohibited use.
4. Though we make extreme effort to ensure continuous
service, services are not available 100% of the time.
5. We are not liable in any way for outages beyond our
control, such as utility company or similar failures.
6. Our liability for service outages can not and will
not exceed fees paid to us for the specific services
that were contracted but that we did not provide.
7. Typical service outages are for system upgrades (on
an "as required" basis. These outages typically not
exceed thirty minutes and are scheduled for "off peak".
8. Services may be used for lawful purposes only. We
reserve the right to terminate services supplied for
any customer, with or without notice, who uses our
services for any unlawful purpose. We will retain
sole and exclusive judgement (excepting official legal
authorities, local or otherwise) to determine whether
a particular practice is lawful or not.
9. We are not liable, in any way whatsoever, for any
content that is downloaded by others to our systems,
or transmitted by others via our systems. It is not
possible for us to regularly check data which has
been downloaded, nor is it possible to monitor the
content of transmissions.
10. Payment is to be made in advance for services. If
any payment is past due 15 days, services may be
SUSPENDED, with or without notice. If services are
suspended, a Restoration Fee of $50.00 may be charged.
For ANY PAST DUE PAYMENT, a LATE PAYMENT FEE of $10.00
may be charged.
11. Most accounts are to be paid by automatic credit card
billing. The client will provide and maintain credit
card account information via our secure server. If
payment via credit card debit is denied FOR ANY REASON,
a $10.00 handling fee may be charged to your account.
12. If any payment is past due 30 days, services may be
TERMINATED, with or without notice. If services are
terminated, a Restoration Fee of $100.00 may be charged
and ALL USER FILES may be DELETED.
13. ANY termination of service will result in all user
computer files being DELETED UPON TERMINATION.
14. Though we have automated systems for backing up
files, we are not liable for any loss of user data.
If RESTORATION is required, we may charge a fee of
$50.00 for each occurance.
15. The terms and conditions expressed herein, other than
prices, are to be in effect for the duration that
services are rendered. Violation of, or failure to
enforce, any one provision, by either party, will not
affect any other provisions.
16. NHLinks Network Web Hosting: Clients who are hosted under
the NHLinks Network plan agree to adhere to any and all
special requirements for this plan. These requirements
may change from time to time.
17. Payment for services rendered, or to be rendered, by
Communications 4NH and/or assigns and/or agents constitutes
explicit agreement by the purchaser of services to the
terms and conditions set forth herein. This document
should be printed by the customer, or prospective
customer, and retained for his records. Failure to print
and/or retain this document does not constitute any
lack of agreement, nor does it imply that the terms are
not enforceable. It is the sole responsibility of the
purchaser, or prospective purchaser, of services to
ensure that he and/or she understands and agrees to
these terms and conditions as herein set forth.
and conditions prior to paying for any services.
18. This document shall be enforceable in accordance with
the laws of the State of New Hampshire.
19. Any dispute with regard to any and/or all contractual
issues shall be settled by formal arbitration in the State
of New Hampshire. The decision of the arbitrator will be
binding on all parties involved. The contracting parties
waive any and/or all rights to bring any dispute to trial.
20. Communications 4NH can not, and does not, ensure the accuracy
or timeliness of any information provided.
21. These Terms and Conditions may be changed from time to time,
with or without notice.
Warranty:
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Neither Communications 4NH, and/or its assigns, employees,
representatives, agents, or contractors thereof,
warrant any connection to, transmission over, or use of,
any connection or facilities provided (or failed to be
provided). Further, no warranties are made, whether express
or implied, with regard to the suitability, merchantability,
performance, or business and/or legal consequences of any
services provided (or failed to be provided). Communications
4NH and/or contrators assume no responsibility for
any and/or all damages suffered by any and/or all customers
for, but not limited to, loss of data, delays,
non-deliveries, misdeliveries, or service outages.
However, Communications 4NH and/or assigns and/or agents will
reimburse, upon written request, any monies paid in advance
for any loss of services contracted to be provided, which
exceed a cumulative duration of four hours per week,
providing that the aforesaid loss of service was due to a
problem within our reasonable control. NOTE WELL that this
reimbursement is the MAXIMUM liability accepted and/or to
be incurred by Communications 4NH and/or agents and/or assigns.
Communications 4NH Phone 603 625-0555
One Sundial Avenue FAX 603 647-7576
Suite# 210
Manchester, NH 03103
"4NH Communications" and "Communication 4NH" are
Registered Trade Names of 4NH.com, Inc.
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