Terms of Service Agreement
All accounts are bound by this Terms of
Service Agreement.
1) Setup Fees including, but not limited
to, additional programming and third party program installation and
services are nonrefundable.
2) All annual renewable fees are billed in
advance. All onetime fees are billed upon completion. Payment is due
within 15 days of invoice date for the services provided. Failure to pay
within 15 days may result in late fees and/or termination or suspension
of services without notice.
3) If you cancel your service you will be
refunded the prepaid fees for any unused month, once those services are
no longer being provided. This does not include onetime fees including,
but not limited to, web page design and development or setup fees. If
you cancel your service, but fail to transfer your site(s) to another
provider and continue to utilize any of our services, you will be billed
until such time that you are no longer utilizing our services. If you
wish services to cease immediately, you must request that our services
be discontinued immediately via an e-mail or postal mail.
4) The use of any data or material, which
Customer receives from the service(s) provided by Andyy Barr
Productions, its affiliates or service providers, is at Customer's sole
and absolute risk. Andyy Barr Productions specifically disclaims and
denies any responsibility for the completeness, or accuracy of quality
of any and all information obtained through the services to be provided
hereby.
5) Andyy Barr Productions will utilize its
best efforts to maintain acceptable performance of services, but Andyy
Barr Productions makes absolutely no warranties whatsoever, express or
implied, including warranty of merchantability or fitness for a
particular purpose. Andyy Barr Productions cannot guarantee continuous
service, service at any particular time, or integrity of data stored or
transmitted via its system, its affiliates system, its service providers
system or via the Internet. Andyy Barr Productions will not be liable
for the inadvertent disclosure of, or corruption or erasure of, data
transmitted or received or stored on its system, its affiliates system
or its service providers system. Andyy Barr Productions shall not be
liable to Customer or any of its customers for any claims or damages
which may be suffered by Customer or its customers, including, but not
limited to, losses or damages of any and every nature, resulting from
the loss of data, inability to access Internet, or inability to transmit
or receive information, caused by, or resulting from, delays,
non-deliveries, or service interruptions whether or not caused by the
fault or negligence of Andyy Barr Productions or any of its affiliates
or service providers.
6) Customer agrees that it shall defend, indemnify, save and hold harmless
from any and all demands, liabilities, losses, costs, claims, including
reasonable attorney's fees, ('Liabilities') against Andyy Barr
Productions, its affiliates, its service providers, its agents, its
customers, servants, officers and employees, that may arise or result
from any services provided, performed or agreed to be performed or any
product sold by Customer, its agents, employees or assigns. Customer
agrees to defend, indemnify and hold harmless Andyy Barr Productions,
its affiliates and its service providers against Liabilities arising out
of any injury to person or property caused by any products sold or
distributed in connection with Andyy Barr Productions; and material
supplied by Customer infringing or allegedly infringing on the
proprietary rights of a third party; copyright infringement and any
defective product which Customer sold on Andyy Barr Productions, its
affiliates or its service providers Server. As a result of this,
Customer agrees that Andyy Barr Productions, its affiliates or its
service providers shall not be liable to Customer for any claims of
actual, compensatory and/or consequential damages which may be suffered
by Customer, including, but not limited to, losses or damages due to the
loss of data resulting from delays, non-deliveries, or service
interruptions caused by the fault or negligence of Andyy Barr
Productions, its affiliates or its service providers. Notwithstanding
the above mentioned, Customer's exclusive remedies, damages, losses and
causes of actions shall not exceed the aggregate dollar amount which
Customer paid during the term of this Agreement.
7) The Customer may only use Andyy Barr Productions, its affiliates and
its service providers services for lawful purposes. In the event that at
any given time, Andyy Barr Productions believes that any service is
being used by the Customer in contravention with any of the terms and
provisions contained in this Agreement, Andyy Barr Productions has the
right to immediately discontinue such service to Customer without
liability other than to refund any unearned prepaid service fees. The
following are restrictive uses and shall be cause for the immediate
termination of web services and this Agreement without notice to the
Customer:
a. Unauthorized distribution or copying copyrighted software, violation of
US export restrictions, embarrassment, fraud, trafficking in obscene
material, drug dealing, and other illegal activities; Offering for sale
or soliciting e-mail lists for the purposes of bulk e-mail.
b. Unsolicited advertising via email and/or 'Spamming' is a violation of
State and Federal Law and is otherwise a violation of this agreement.
Such prohibited conduct subjects Customer to immediate cessation of
service as provided herein and the termination of this agreement without
notice. Andyy Barr Productions reserves the right to report such illegal
activities to any and all regulatory, administrative and/or governmental
authorities for appropriate prosecution. In addition, Andyy Barr
Productions will charge One Dollar ($1.00) per email recipient for any
such activity;
c. Using a non-existing 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), 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. Andyy Barr
Productions reserves the right to determine what is Net abuse;
d. Tortuous conduct such as posting of defamatory, libelous, scandalous,
or private information about a person without their consent,
intentionally inflicting emotional distress, or violating trademarks,
copyright, or other intellectual property rights;
e. The Customer expressly understands and agrees that illegal Adult
oriented Websites featuring nudity and acts of a sexual nature are
expressly prohibited. Andyy Barr Productions reserves the right to
immediately terminate and remove any such unauthorized Websites without
notice and discontinue service to Customer without notice or liability
for actual, compensatory or consequential damages to Customer for the
interruption in service.
f. MUDDS, List-servers or any other Internet application that are not
Website specific, are specifically prohibited.
Disclaimer:
Andyy Barr Productions, its
affiliates and its service providers will not be responsible for any
damages your business may suffer. Andyy Barr Productions makes no
warranties of any kind, expressed or implied for services provided by us
or our affiliates or service providers. Andyy Barr Productions 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 Andyy Barr
Productions, its affiliates, its service providers and its
employees. The services provided by Andyy Barr Productions, its
affiliates and its service providers are provided AS-IS and without any
warranty expressed or implied. Andyy Barr Productions reserves the right
to revise its policies at any time.
