DJMILLER.NET SERVICES SERVICE AGREEMENT
djmiller.net Service Agreement
1. djmiller.net
Service's Service Agreement is intended to protect both the
integrity and liability of djmiller.net Services and the
Customer. This Service Agreement will be enforced to ensure
the speed, power, performance, and reliability of our
services.
2. djmiller.net Services (the "Provider")
provides web hosting and web development /design firms and
Internet Service Providers (ISPs). djmiller.net Services is
to act as a neutral provider of these fore-mentioned
services to the Customer. The terms and conditions of this
agreement and any rules and prices published on djmiller.net
Service's Web Site (http://www.djmiller.net) constitute the
entire and only agreement (collectively, the "djmiller.net
Services Service Agreement") between djmiller.net
Services
and the Customer (hereby defined as one who has an account
with djmiller.net Services for the Service, including
Customer's designated users with respect to the Service) and
supersede all other communications and agreements with
regard
to the subject matter hereof.
3. djmiller.net
Services reserves the right to modify this Service Agreement
or prices, and may discontinue or revise any or all aspects
of the Service in its sole discretion without prior notice.
4. Customer agrees to indemnify djmiller.net
Services against any liability for any and all use of
Customer's account. Furthermore, Customer agrees to
indemnify and hold djmiller.net Services harmless from any
claims and expenses, including reasonable
attorney's fees,
related to Customer's violation of the Service Agreement or
Customer's direct or indirect damage to another party.
5. Customer is responsible for and must provide all
telephone and other equipment and services necessary to
maintain customer's account remotely through FTP accounts.
6. Customer agrees that he/she is at least 18 years
of age. If the customer is not at least 18 years of age, a
parent or guardian's name must be put on the account and
will be responsible for payment and Web Site content. If a
minor (a person under the age
of 18) obtains an account
through djmiller.net Services without parental approval,
this agreement becomes void.
7. CUSTOMER EXPRESSLY
AGREES THAT USE OF DJMILLER.NET SERVICE IS AT CUSTOMER'S
SOLE RISK. NEITHER DJMILLER.NET SERVICES NOR ANY OF ITS
INFORMATION PROVIDERS, LICENSERS, EMPLOYEES, OR AGENTS
WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR
FREE; NOR DOES DJMILLER.NET SERVICES OR ANY OF ITS
INFORMATION PROVIDERS, LICENSERS, EMPLOYEES, OR AGENTS MAKE
ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF
THE SERVICE. THE SERVICE IS DISTRIBUTED ON AN "AS IS" BASIS
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE
IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR
MODIFICATION UNDER THE LAWS APPLICABLE TO THIS SERVICE
AGREEMENT. NEITHER DJMILLER.NET SERVICES NOR ANYONE ELSE
INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICE
SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE
SERVICE OR INABILITY TO USE THE SERVICE OR OUT OF ANY BREACH
OF ANY WARRANTY. CUSTOMER EXPRESSLY ACKNOWLEDGES THAT THE
PROVISION OF THIS PARAGRAPH SHALL ALSO APPLY TO ALL THIRD
PARTY CONTENT AND ANY OTHER CONTENT AVAILABLE THROUGH THE
SERVICE.
8. This Service Agreement is made in the
State of Florida, and shall be governed by and construed in
accordance with the laws of the United States of America,
the State of Florida and Manatee County. Any cause of action
of customer or its designated users with respect to the
Service Agreement must be instituted within six (6) months
after the claim or cause of action has arisen or be barred.
9. djmiller.net Service's Service may only be used
for lawful purposes. Transmission, distribution, or storage
of any information, data, or material in violation of United
States or Florida State regulation or law, or by the common
law, is prohibited. This includes, but is not limited to,
material protected by copyright, trademark, trade secret, or
any other statute. djmiller.net Services reserves the right
to remove such illegal material from it's server
immediately. djmiller.net Services expressly forbids anyone
from using djmiller.net Service's servers for the
propagation, distribution, housing, processing, storing, or
otherwise handling in any way lewd, obscene, or pornographic
material, or any other material which djmiller.net Services
deems to be objectionable. The designation of any materials
as such described is left entirely to the discretion of
djmiller.net Services
10. djmiller.net Services does
NOT allow sites that provide points of distribution, or
'links' to the following types of sites:
Pirated
Software (Warez) - Any software that is copyrighted and not
freely available for distribution without cost. ROMs, ROM
Emulators and Mpeg Layer 3 files (MP3) all fall under this
jurisdiction. Hacking / Phreaking - Includes sites with
material, links, or resources for Hacking, Phreaking,
Viruses, Anarchy, or any type of site that promotes the
destruction or compromises the integrity of djmiller.net
Services. No Adult Sites or any erotic or pornographic
material, links to adult sites, or advertisements for adult
sites.
11. Copyrighted material must not be placed on
Customer's account without the permission of the owner(s) or
person(s) they specifically authorize. Only the owner(s) or
such authorized person(s) may upload copyrighted material to
the account.
12. djmiller.net Services strictly
prohibits e-mail harassment, whether through language,
frequency, or size of messages. Forging of header
information is not permitted. djmiller.net Services does not
allow unsolicited e-mail. This includes "Spamming" and "Bulk
Mail" sent to persons who have otherwise requested not to
receive such mail.
13. Any Customer that uses a high
amount of server resources (such as, but not limited to, CPU
time, memory usage, and network resources) will result in
immediate account suspension. The Customer will then be
requested to either reduce the resource use to an acceptable
level or pay for the additional hardware or the resource
needed to compensate. djmiller.net Services shall be the sole arbiter of what is considered to be a high server usage
level.
14. Any Customer in violation of system or
network security is subject to criminal and civil liability,
as well as immediate account termination. Examples include,
but are not limited to the following: Unauthorized access,
use, probe, or scan of a systems security or authentication
measures, data or traffic. Interference with service to any
user, host or network including, without limitation, e-mail
bombing, flooding deliberate attempts to overload a system
and broadcast attacks. Forging of any TCP/IP packet header
or any part of the header information in an e-mail or
newsgroup posting.
15. Customer agrees not to
publish on or over its account any information, software or
other content which violates or infringes upon the rights of
any others or which knowingly contravenes the laws of any
jurisdiction in which such content is generally accessible.
16. Use of illegal or copyright material on any Web
page or other distribution mechanism used in conjunction
with the Customer's account, will result in termination of
this Service Agreement. Illegal material is defined as any
material not permitted under United States local, state or
federal laws. If "illegal material" was submitted by a
client of the Customer without Customer's knowledge, this
Service Agreement will remain in effect if the Customer
removes the "illegal material." Any use of djmiller.net
Service's systems that disrupts the normal use of the system
for other djmiller.net Services customers is considered to
be abuse of djmiller.net Services services and is grounds
for termination of this Service Agreement. Some examples of
abuse include (not limited to) spawning dozens of processes,
consuming large amounts of memory or CPU cycles for long
periods of time, attempting to access other Customers'
account areas, or conducting provocative activities such as
mass e-mailings (spam) which may result in retaliatory
actions against djmiller.net Service's systems.
17.
Depending upon the nature and severity of any abuses, the
Customer may receive an e-mail warning detailing the nature
of
the abuse. If the abuse of services is not terminated
within one (1) day, a final e-mail will be sent to the
customer formally requesting termination of the stated
abuse. Customer then must terminate stated abuse within one
(1) day, otherwise the Service Agreement will be terminated.
Any reconnection of a terminated account will require a
reconnection fee.
18. If, in djmiller.net Service's
sole discretion, the nature and severity of any abuses is
severe enough, djmiller.net Services may terminate the
Service Agreement immediately without written notification
prior to termination. This may also be subject to a
reconnection fee, however djmiller.net Services reserves the
right to deny all future access upon termination.
19. Violation of any of djmiller.net Service's rules and
regulations could result in a warning, suspension, or
possible account termination.
20. djmiller.net
Services reserves the right to suspend or cancel a
Customer's (hereby defined as one who has an account with
djmiller.net Services) access to any or all services
provided by djmiller.net Services when djmiller.net Services
decides that the account has been inappropriately used.
Payment Policy
21. Customers located outside of the United States or Canada
must use a system of payment issued within the United
States.
22. Full payment is due each anniversary
period following the date the account was established. The
Setup fee and Hosting fee
are due on the first anniversary
date, and the monthly fees are due on every subsequent
anniversary date. The Customer is responsible for all money
owed on the account from the date it was established to the
date it is terminated.
23. Requests for cancellation
(termination of service) must be e-mailed to
sales@djmiller.net. No other system of cancellation will
be
accepted. Please see paragraph 35 and 36 below for content
requirements of cancellation request. The date of
cancellation request will not be used as date of
cancellation. A representative of djmiller.net Services must
confirm all cancellations prior to a cancellation date being
set and followed through.
24. Customer shall pay the
monthly fee, and any charge for additional services under
the terms of this Service Agreement, within seven (7) days
of invoice. Invoices and receipts will be sent to the
Customer via e-mail. Customer may not withhold or "setoff"
any amounts due hereunder. djmiller.net Services retains the
right to withhold service without prejudice until all amounts
determined delinquent are paid in full. Any late
payment shall be subject to any costs of collection
(including but not limited to legal fees).
25.
Accounts which are delinquent will be placed on
"administrative hold" or suspension and may not be used or
accessed. Customer's account will continue to accrue charges
while on "administrative hold" or suspension.
26.
Any Customer whose services are terminated or suspended will
be asked to pay a reconnection fee to restart the account.
Reconnection fee for suspended accounts is $25.00.
Reconnection fee for accounts that have been terminated is
$45.00.
27. For payment via Credit Card, accounts
will be automatically billed on a monthly basis to the card
number on file unless notified otherwise. A receipt of
payment will be sent to the Customer via e-mail on that
anniversary payment date. All credit card payments will be
billed on the date due. In the event that a credit card does
not clear with the Customer or cardholder's bank, the
Customer will be notified via e-mail. Past due accounts that
are not brought current within 7 days of e-mail notice are
subject to suspension or possible account termination.
28. Customer's agree that the first name, last name,
street address, and zip/postal code provided for their
account profile is the same as the cardholder's for the
Credit Card being used for payment of the account.
29. For payment via Check or Money-Order, orders will be
fulfilled within 1 business day upon receipt of payment.
E-mail
notification will be sent 10 days prior to payment
due date. Checks returned unpaid (NSF) will be accessed a
$25.00 service charge. Past due accounts that are not
brought current within 15 days of the e-mail notice are
subject to suspension and possible account termination.
30. There will be a $20.00 processing fee for each
returned check.
31. There will be a $50.00
processing fee for all illegitimate credit card charge
backs.
32. ALL PAYMENTS MUST BE IN US CURRENCY.
33. Legal notices sent to either party shall be
effective when delivered by mail, transmitted by telecopier
("fax") machine, one (1) day after being sent by overnight
mail or "fax," or two (2) days after being sent by first
class mail postage prepaid to the address shown. This
information is subject to change without prior notification.
djmiller.net Services 4436 Lindever Lane, Palmetto, FL.
34221
Cancellation
34. djmiller.net Services reserves the right to cancel
service at any time for any reason. All fee paid in advance
of cancellation will be pro-rated and paid by djmiller.net
Services if djmiller.net Services institutes it's right of
cancellation. If cancellation is caused by customers
violation of these policies, then no refund will be
disbursed.
35. Customer retains the right to cancel
use of djmiller.net Services at any time by notifying
djmiller.net Services via e-mail. Requests for cancellation
must be received at sales@djmiller.net. All djmiller.net
Services accounts must be paid in full before the
cancellation transaction will be considered complete.
36. All cancellation requests must include the following
information to be valid; Primary Contact of the account,
account name, reason for cancellation, current account
password, and last 4 digits of credit card on file. If
payment was made by Check, Money-Order, or Bank Transfer,
the Zip/Postal Code of the primary contact must also be
included.
37. All accounts are cancelled at the end
of the current billing period unless a date of cancellation
is specified.
38. Refunds made by djmiller.net
Services for all payment systems (including Credit Card,
Check, Money-Order, and Bank Transfer payments) will be
fulfilled via check. djmiller.net Services will recognize no
other systems of reimbursement and reserves the right
to do
so.
Service Disclaimer
39. djmiller.net Services acknowledges and
agrees that in the course of dealings with Customer, it may
acquire information about Customer, its business activities
and operations, its technical information and trade secrets,
of a highly confidential and
proprietary nature.
djmiller.net Services agrees that title to all such
information and related materials shall remain with the Customer. All applicable copyrights, trade secrets, patents
and other intellectual and property rights in such
information and related material are and remain in the
property of the Customer. All other aspects of the
information and related material, including without
limitation, technologies, procedures, programs, methods of
processing, all source code, conversions, enhancements,
databases, templates, specific design and structure of
individual programs and their interaction and unique
programming techniques employed therein as well as screen
formats shall remain the sole and exclusive property of the
Customer and shall not in any way be sold, revealed,
disclosed or otherwise communicated, directly of indirectly,
by djmiller.net Services to any person, company or
institution whatsoever other than for the purposes set forth
herein. It is expressly understood that no title to or
ownership of such information or any part thereof is hereby
transferred to djmiller.net Services
40.
djmiller.net Services agrees to keep in the strictest of
confidence any information acquired by djmiller.net Services
during the course of its dealings with the Customer about
any of the Customer's clients, including but not limited to
contents of related databases, credit and credit card
information.
41. Nothing contained herein shall be
construed to place the parties (Customer and djmiller.net
Services) in a relationship of partners, agents or joint
ventures. Neither party shall represent itself as the agent
or legal representative of the other party for any purpose
whatsoever and shall have no power to obligate or bind the
other party in any manner whatsoever.
42. If any
clause herein shall be found to contravene any law or
ordinance in whole or in part, it shall be severed from the
Agreement. The balance of the Agreement shall continue in
full force and effect.
43. Each party (Customer and
djmiller.net Services) to this agreement represents that it
has all necessary rights and authority to enter into the
terms of the Agreement and is in compliance with all
federal, state and local laws governing this transaction.
44. djmiller.net Services is not responsible for
files and data residing on Customer's account. Customer
agrees to take full responsibility for files and data
transferred and to maintain all appropriate backups of files
and data stored on djmiller.net Services servers.
djmiller.net Service's data back-up system is in place
primarily as a disaster recovery system in case of a server
crash or some similar catastrophe and should not be relied
upon as Customer's sole source of backup protection.
45. djmiller.net Services is not responsible for any
damages your business may suffer. djmiller.net Services
makes no warranties of any kind, expressed or implied for
services we provide. djmiller.net Services disclaims any
warranty or merchantability or fitness for a particular
purpose. This includes loss of data resulting from delays,
non-deliveries, wrong delivery, and any and all service
interruptions caused by djmiller.net Services and it's
employees. djmiller.net Services reserves the right to
revise it's Service Agreement at any time without prior
notification.
I have read and understand the djmiller.net Services Service
Agreement.