All accounts and customers of 4GuysFromTampa, are bound by the Terms of Service.
1)
Setup Fees including, but not limited to, additional programming
are nonrefundable.
2) All fees are due in advance of the services provided. Failure
to pay in advance may result in termination of services without
notice.
3) If you cancel your service you will be fully refunded the
unused portion of any month's prepaid fees, (not including
setup fees) once those services are no longer being provided.
If you cancel your service, but fail to transfer your site(s)
to another provider and continue to utilize our hosting network
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.
4) The use of any data or material, which Customer receives from the service provided by 4GuysFromTampa, is at Customer's sole and absolute risk. 4GuysFromTampa 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) 4GuysFromTampa will utilize its best efforts to maintain acceptable performance of services, but 4GuysFromTampa makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness for a particular purpose. 4GuysFromTampa cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via its system or via the Internet. 4GuysFromTampa will not be liable for the inadvertent disclosure of, or corruption or erasure of, date transmitted or received or stored on its system. 4GuysFromTampa 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, nondeliveries, or service interruptions whether or not caused by the fault or negligence of 4GuysFromTampa.
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 4GuysFromTampa, its agents, its customers, servants, officers, 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 4GuysFromTampa against Liabilities arising out of any injury to person or property caused by any products sold or distributed in connection with 4GuysFromTampa's server; 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 4GuysFromTampa's Server. As a result of this, Customer agrees that 4GuysFromTampa 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 data resulting from delays, non deliveries, or service interruptions caused by the fault or negligence of 4GuysFromTampa. 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 4GuysFromTampa's services for lawful purposes.
In the event that at any given time, 4GuysFromTampa believes that
the service is being used by the Customer in contravention
with any of the terms and provisions contained in this Agreement,
4GuysFromTampa 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;
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. 4GuysFromTampa reserves
the right to report such illegal activities to any and all
regulatory, administrative and/or governmental authorities
for appropriate prosecution. In addition, 4GuysFromTampa 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, mailbombing (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.
4GuysFromTampa 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. 4GuysFromTampa 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, Listservers or any other Internet application that
are not Website specific, are specifically prohibited.
Disclaimer
4GuysFromTampa will not be responsible for
any damages your business may suffer. 4GuysFromTampa makes no warranties
of any kind, expressed or implied for services we provide.
4GuysFromTampa disclaims any warranty or merchantability or fitness
for a particular purpose. The includes loss of data resulting
from delays, non-deliveries, wrong delivery, and any and all
service interruptions caused by 4GuysFromTampa and its employees.
The services provided by 4GuysFromTampa are provided AS-IS and without
any warranty expressed or implied. 4GuysFromTampa reserves the right
to revise its policies at any time.
Copyright © 2000 4GuysFromTampa. All rights reserved. Do not copy or redistribute in any form.