We agree to provide you with those services set forth at the time of signup and you agree to abide by the restrictions made below. In the event of any violation of the below terms and conditions of using our service, we reserve the right to suspend or terminate your account immediately, without notice. If you do not wish to be bound by the below terms and conditions of using our service, then you may not access the service.
No warranty's are made regarding the service. We do not guarantee that the service will be uninterrupted or error free. We exercise no control whatsoever over the content of information that is passed through our system. The service is provided on an "as is" basis.
User shall assume all responsibility for all content distributed, accessed, or viewed while connected to our service. Under no circumstance shall we be held liable for your actions while you are using the service. In the event of a court order, we may provide any and all information that they request of us to them.
Under no circumstances shall we, our agents, our providers, or employees be liable for any damages, which result in any way from user's use or inability to use the service or any part thereof. This includes all direct and indirect damages, special, punitive or consequential damages that may result from busy signals, errors, delays in the service, deletion of files, viruses, theft, or alteration of a user's computer. In the event that we are found liable under any circumstance under the terms of this agreement, our liability shall be limited to the unused balance of user's subscription payment pro-rated to reflect the current term.
User represents to us that he or she is 18 years of age or older. User understands that certain materials available from Service provided under the terms of this Agreement may not be suitable for individuals under the age of 18.
User understands that the Internet contains unedited materials some of which are sexually explicit or may be offensive. User accesses such materials at his or her own risk. We have no control over and accept no responsibility whatsoever for such materials. Sites on our server are, however within our control and any site found on any of our servers will be promptly deleted and the corresponding user's account will be deleted and cancelled with no refund given.
User understands that the following restrictions are applied to the service:
User May Not:
User agrees to allow provider to force a 10 minute idle timeout, 5 hour maximum session and maximum 200 hours access per month on their dial-up account. Attempts to defeat the idle timer using a ping bot or system tool, or the use of a redialer to automatically reconnect once disconnected is prohibited. Inactivity is defined as less than 500 bytes of data transferred between User's modem and the service.
User understands that unlimited service does not mean dedicated service. Dedicated service shall be defined as an average of more than 6.5 channel hours a day, based on a 30 day calendar month usage report. User may be blocked and forced to upgrade to continue service if their unlimited account is used as a dedicated connection.
User understands that some services may be offered as limited. Once the user has reached their limit, they shall not have access to the internet until the 1st of the next month. User will not be given and may not purchase more than one limited account in an attempt to get unlimited access on a limited service. If user wants unlimited, they must purchase an unlimited account.
The right to use the Service is not transferable. Accounts are for User's use only. User shall be responsible for the confidentiality of User's password. Loaning User's account to others, connecting a system used by multiple persons, group use of user log-ins, and consuming more than one modem line are explicitly prohibited. If User has multiple accounts, then User shall be limited to one log-in session per system account at any time.
User may not purchase more than 1 hosting package and link them together in an attempt to get around our bandwidth or website size restrictions. We currently do not allow websites that exceed 15 GB of bandwidth per month to host on our servers.
You agree not to post any of the following restricted contents: Illegal, Abusive or Unethical Activities include, but are not limited to, pornography, obscenity, nudity, violations of privacy, hacking, computer virus, gambling, or promotion of gambling, and any harassing or harmful materials or uses, as determined by us. You agree to indemnify and hold us harmless from any claim resulting from your publications or use of Illegal, Abusive or Unethical materials.
We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole and absolute discretion, are unacceptable, undesirable, or in violation of this Agreement.
We reserve the right to cancel Service for any reason without prior notice. No refunds will be issued if User cancels Service after 30 days from initial Service setup or renewal. If the user chooses to cancel their service, this cancellation must be in writing and received in our offices no later than 30 days prior to the renewal date or that user will be liable for the next years hosting fees.
Billing Policy
It is required to pay due invoices on or before the date on the invoice. Invoices will be sent, via email, 30 days in advance of the due date. It is the customers responsibility to provide, and keep updated, a known working email address to Intercession.net. If you keep a credit card on file, at our offices, we will charge that credit card 30 days in advance of the due date. This is done to account for failure to process cards that are: over the credit limit, the card number has changed, the expiration date has passed. If your card fails to charge, we will send an invoice, via email, to your on-file email address. We will attempt to charge the card 3 times after the initial attempt of an 'over the credit limit' situation is apparent.
The customer, when giving their credit card number to us, authorizes us to charge that card whenever an invoice is due.
Our billing system is a state-of-the-art package specifically written for the web hosting industry. However, the system is only as good as the email address we have on file for your account. We also understand that not all systems are perfect and error s can occur on our side as well. No company can offer perfection and we will strive to research and correct any errors in a timely manner.
We periodically do billing audits to determine if all accounts are current. If your account is not found to be current we will attempt to charge your credit card that is on file. If that charge is successful, our billing software will generate an email receipt to be sent your your email address that is on file. Again, we must have current email addresses for this system to work. Updating your on-file email address is always the responsibility of the customer.
We also further state that we cannot be responsible for the delivery of emailed invoices or receipts. The internet is an imperfect medium and we cannot be responsible for an email once it leaves our servers.
We do perform system backups on User's E-mail account(s). However, we shall not be held responsible for any lost E-mail data, email attachments, or any E-mail message contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, we will not provide historical data, to any party for any reason, regarding any system or Internet activity.
Although we do perform system backups on hosting content, we shall not be held responsible for any lost web data, web files, or any website contents, regardless of the reasoning for data loss or system causes. User should always keep their own backup of their website. Except as otherwise set forth herein, We will not provide historical data, to any party for any reason, regarding any system or Internet activity.
We do perform backups on the mysql databases. However, we shall not be held responsible for any lost data. User should always keep their own backup of their database content.
Information transmitted through us and through the Internet in general is not confidential. We can not and shall not guarantee privacy or protection of any User. We reserve the right to monitor any User's transmissions when deemed necessary for providing proper service and/or to protect the rights and property of our company.
We may deny User access to all or part of the Service without notice if User engages in any conduct or activities that we in our sole discretion believes violates any of the terms and conditions in this Agreement. If we deny User access to the Service because of such a violation, User shall not have the right (1) to access through us any materials stored on the Internet, (2) to obtain any credit(s) otherwise due to User, and such credit(s) shall be forfeited, (3) to access third party services, merchandise or information on the Internet through us, and we shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.
Cancellation of Account - Procedures
All account cancellations must take the following steps due to the large number of fraud cases involving people canceling web sites that did not belong to them in order to highjack the domain name: 1. Prepare a short note stating you are canceling. If you are a company, rather than an individual, you will need to prepare this note on company letterhead. Please include your company name, your name, address, email and phone number on this note. 2. Make of copy your drivers license or other photo ID. In the case of a company, an officer or owner of that company must be the one to provide a copy of their drivers license. 3. Fax the note and the copy of the drivers license to: 702-974-9627.
4. You must remove your web site from our servers. Our business is renting space on servers for web sites that are to be viewed on the internet. As long as a customers web site files remain on our servers that customer is responsible for payment for the space taken up by the web site files. It is the customers responsibility to remove their web site files from our servers in order to be in compliance with our cancellation process. Again, we have had to implement these steps to prevent domain name hijacking. Once we receive the fax and have verified you have removed your web site from our servers we will cancel your account with 24 hours.
In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.
Our failure to insist upon or enforce strict performance of any provisions of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.
We may modify this Agreement from time to time by placing a notice of such modification on our website, and User's continued use of the Service following notice of such modification shall be deemed to be User's acceptance of any such modification. It is User's responsibility to check this online area regularly to determine whether this Agreement has been modified. If User does not agree to any modification of this Agreement, User must immediately stop using the Service.
This Agreement shall be governed by and construed in accordance with the laws of the State of Washington without regard to its conflicts of law provisions. Any cause of action User may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
We shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, dire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any cause beyond our reasonable control.
Venue for litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof, naming us as the defendant, shall be proper only in a venue determined by us.
In any action between us and User to enforce any of the terms of this Agreement, We shall be entitled to recover expenses, including reasonable attorney's fees.
This Agreement constitutes the entire agreement between User and us with respect to the Service.
