Terms of Service

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.