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Terms of Service
General Provisions:
Thank you for choosing WashingtonLakes.com.com! Use of any WashingtonLakes.com Service constitutes acceptance and agreement to WashingtonLakes.com's Acceptable Use Policy as well as WashingtonLakes.com TOS (Terms of Service) WashingtonLakes.com (WashingtonLakes.com.com) provides Service on an "AS IS" basis, and without warranty of any kind, whether express or implied, including, but without limitation, any implied warranty of merchantability, or fitness for a particular purpose.
User acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that WashingtonLakes.com shall not be liable for any damages arising from such causes.
WashingtonLakes.com is not responsible for any damages your business may suffer. WashingtonLakes.com does not make implied or written warranties for any of our services. WashingtonLakes.com denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by WashingtonLakes.com.
WashingtonLakes.com has the right to change prices, or add or delete product features of any existing product or service. All orders are subject to acceptance by WashingtonLakes.com. WashingtonLakes.com has the right to discontinue products or services at any time. WashingtonLakes.com reserves the right to amend its policies at any time. Part of this policy was written under the framework of our parent provider's required TOS.
Term:
Customer agrees to a month to month contract term for services unless otherwise agreed to in writing. The month to month contract for services is automatically renewed each month in perpetuity subject to written cancellation by the Customer.
Monthly Service Fees:
Fees for service(s) ordered by the Customer shall begin on the date of the initial order and that date shall serve as the monthly anniversary date for all future billings including one time fees, upgrades, additional services, cancellations and service credits. Fees are due in advance of the monthly service cycle and will be billed on the anniversary date of each month.
Upgrade Fees:
Upgrades ordered on the billing anniversary date will be billed for a full month service and will continue each month on the anniversary date. Upgrades ordered after the normal anniversary billing date will be pro-rated to the next anniversary date and billed as a one time pro-rata charge. Future charges will appear as full monthly fees added to your existing anniversary billing date.
Additional Service Fees:
Additional services ordered on the billing anniversary date will be billed for the full month service and will continue each month on the anniversary date. Additional services ordered after the normal anniversary billing date will be pro-rated to the next anniversary date and billed as a one time pro-rata charge. Future charges will appear as full monthly fees added to your existing anniversary billing date.
One Time Fees:
One time fees, such as setup fees, administrative fees and late fees are due and payable at the time they are incurred, and agreed upon in writing or via ticket with approval.
Service Credits:
Service credits will be issued to your Customer account and shall be used to offset future billable services. Service credits shall not be issued as cash back to the Customer nor are service credits transferable to other account holders.
Cancellation:
If you wish to cancel your account for any reason, simply contact a Customer Service Representative with your account username and password to begin the cancellation. Account cancellations are effective at the end of your current billing period. You must put in your cancel request 14 days before your next billing date. Failure to supply the advanced notice of cancellation will result in a full billable monthly cycle prior to cancellation. All customer data remaining after the cancellation date may be destroyed for security and privacy reasons.
100% Money Back Guarantee
In the event that you are not completely satisfied with our services, WashingtonLakes.com offers you a 100% 30-day Money Back Guarantee. If for any reason you decide to discontinue your subscription during the first 30 days of service, you will receive a full refund upon written request.
Refunds & Disputes:
All services rendered by The Company are non-refundable unless processed through our 30 day money back guarantee. Customers seeking to resolve billing errors are instructed to
contact us
. Customer agrees not to chargeback any credit card payments for services rendered. A chargeback of payment for services rendered will result in an additional charge of $150 and will be subject to collection by an authorized collection agency.
Non-Payment:
All payments are due in full on the monthly anniversary date. Failure to remit payment for services on the monthly anniversary date is a violation of the TOS. Failure to remit payment for five (5) consecutive days, including the anniversary date, shall result in a termination of public access to Customer services. Failure to remit payment for services within seven (7) consecutive days, including the anniversary date, shall result in termination of access to the service network and all services shall be reclaimed. A late fee of $25 will be incurred for failure to remit payment for services on or before the monthly anniversary date. A $25 reconnect fee will be incurred for failure to remit payment for services after public access has been disconnected. All Customer data remaining after seven (7) days of non-payment may be destroyed for security and privacy reasons.
SPAM and Unsolicited Commercial Email (UCE)
WashingtonLakes.com takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over the network. Very simply this means that customers of WashingtonLakes.com may not use or permit others to use the network to transact in UCE. Customers of WashingtonLakes.com may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
Violation of WashingtonLakes.com's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, WashingtonLakes.com will initiate an immediate investigation (within 48 hours of notification). During the investigation, WashingtonLakes.com may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, WashingtonLakes.com may, at its sole discretion, restrict, suspend or terminate customer's account. Further, WashingtonLakes.com reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. WashingtonLakes.com will notify law enforcement officials if the violation is believed to be a criminal offense. If customer is found to be in violation of our SPAM policy, customer shall not be entitled to a refund of any fees paid in advance prior to such violation.
System and Network Security
Users are prohibited from violating or attempting to violate the security of the WashingtonLakes.com Network. Violations of system or network security may result in civil or criminal liability. WashingtonLakes.com will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
These violations include, without limitation: Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing". Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Taking any action in order to obtain services to which such User is not entitled. If customer is found to be in violation of our System and Network Security policy, WashingtonLakes.com may, at its sole discretion, restrict, suspend or terminate customer's account. Customer shall not be entitled to a refund of any fees paid in advance prior to such action.
Suspension of Service
WashingtonLakes.com reserves the right to terminate or suspend network member access to any customer if in the judgment of the WashingtonLakes.com network administrators that the customer's web site is the source or target of a network attack or is found to be in violation of any of the other terms of the AUP or TOS or for any other reason which WashingtonLakes.com chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's account was suspended. If customer is found to be in violation of any WashingtonLakes.com policy, WashingtonLakes.com may, at its sole discretion, restrict, suspend or terminate customer's account. Customer shall not be entitled to a refund of any fees paid in advance prior to such action. Abusive behavior of any sort will not be tolerated and will be grounds for termination. WashingtonLakes.com has the right to deny an order or service renewal for any reason WashingtonLakes.com chooses.
Laws:
Customer agrees to abide by all local, state, and federal laws pursuant to services delivered in Redmond, Washington, United States of America. Proper venue for legal remedies shall be King County, Redmond, Washington. All contact terms found herein shall be bound by Washington State Law or the Uniform Commercial Code whichever may be applicable.
Mutual Indemnification:
Each party agrees to indemnify and hold harmless the other party, the other party's affiliates, and each of their respective officers, directors, attorneys, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys' fees) brought by a third party under any theory of legal liability arising out of or related to the indemnifying party's actual or alleged infringement or misappropriation of a third party's copyright, trade secret, patent, trademark, or other proprietary right.
Limitation of Liability:
Except as described in the SLA, The Company shall not be liable to Customer for harm caused by or related to Customer's services or inability to utilize the services unless caused by gross negligence or willful misconduct. Neither Party shall be liable to the other for lost profits, direct or indirect, special or incidental, consequential or punitive, or damages of any kind whether or not they were known or should have been known. Notwithstanding anything else in this agreement, the maximum aggregate liability of The Company and any of its employees, agents or affiliates, under any theory of law shall not exceed a payment of money not to exceed the amount paid by the customer for hosting services for the six moths prior to the occurrence of the event(s) giving rise to the claim.
Arbitration:
Any controversy or claim arising from service or related to this contract or breach therein in excess of $500.00 shall be settled by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The resulting judgment rendered by a licensed arbitrator may be entered in any court having valid jurisdiction.
Electronic Signature:
Acceptance of the Master Service Agreement incorporating the
Terms of Service
,
Acceptable Use Policy
and
Privacy Agreement
hereby initiates billable services and is deemed complete by agreement to the terms as described on the online signup form(s) and completion of the ordering process.
Copyright Michael Carey & Aaron Borg, 1997-2007
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