Terms of Service Agreement
THIS AGREEMENT is made and entered between DeafVision, Inc. (hereafter referred to as "DeafVision"), located at P.O. Box 14431, San Francisco, CA, 94114, hereinafter referred to as DeafVision, Inc. and the Customer, who wishes to use the web services of DeafVision, Inc.
NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants hereinafter set forth, the parties hereto agree as follows:
1. SERVICE DESCRIPTION: As a World Wide Web presence provider, DeafVision operates dedicated server computers which are integrated into the Internet. These servers send and receive information in relationship to the World Wide Web. Customer wishes to connect to the World Wide Web utilizing the hardware and software resources of DeafVision to establish an Internet web presence on one of DeafVision's servers and may also be contracting DeafVision to register Customer's domain name, provide web design, programming or other such Internet-related services.
2. CONDITIONS: The order form and this Agreement constitute a binding contract between DeafVision and the Customer and does not extend to any other person or entity. Customer may resell to third parties (excluding non-domain accounts) but is responsible for third party activities, billing and content, and is bound by the terms under this Agreement. Cancellations after the order form has been received and web space is set-up will still hold the Customer responsible for costs incurred by DeafVision concerning the set-up of the web space and domain name registration or other such services provided by DeafVision as authorized by the Customer.
3. WARRANTIES: With respect to the service to be provided herein, the Customer acknowledges that DeafVision makes absolutely no warranties whatsoever, express or implied. As a result, the Customer agrees that DeafVision shall not be liable to the Customer for any claims or damages which may be suffered by the Customer, including, but not limited to, losses or damages resulting from the loss of data as the result of delays, non-deliveries, or service interruptions.
4. INFORMATION: The utilization of any data or information received by the Customer from the utilization of the service to be provided by DeafVision is at the Customer's sole and absolute risk. DeafVision specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the services to be provided hereby.
5. LAWFUL USAGE: Customer agrees to use services provided by DeafVision for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material DeafVision judges to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The Customer agrees to indemnify and hold harmless DeafVision from any claims resulting from the use of the service which the Customer uses to cause damage to other parties.
6. CONTENT RESTRICTIONS: Pornography and sex-related websites are prohibited on DeafVision servers. DeafVision will be the sole arbiter in determining violations of this provision. If pornography is found on our server, the offending domain will be deleted immediately without warning and absolutely no refunds will be given.
7. UNSOLICIATED EMAIL: DeafVision takes a zero-tolerance approach to unsolicited commercial advertisements (spam) originating from our servers or for spam advertising of domains hosted on our servers. Customers who violate this policy will have their accounts shut down without warning and absolutely no refunds will be issued. DeafVision will be the sole arbiter in determining violations of this provision.
8. DOMAIN NAME: If DeafVision acquires an Internet Domain Name on behalf of the Customer, Customer hereby waives any and all claims which it may have against DeafVision for any loss, damage, claim or expense arising out of or in relation to the registration and/or renewal of such Domain Name. DeafVision reserves the right to not release a Domain Name for transfer until Customer has paid DeafVision in full for the Domain Name registration, renewal, web hosting, and any other services rendered by DeafVision in relation to the Domain Name.
9. PAYMENT: The set-up fee and payment for the first month of service is due at the time the order form for hosting is filled out and returned to DeafVision via DeafVision's Online Order Form. Set-up fees are nonrefundable. Customers are asked to set up PayPal Subscriptions that automatically renew their accounts upon expiration. Should Customer choose not to set up a PayPal Subscription for automated payments, they may pay by check or money order. Subsequent payments for hosting services are due upon the Customer's renewal date or when Customer receives an Invoice from DeafVision for such services. All Invoices are granted a fifteen (15) day grace period unless otherwise noted on Invoice. In the event that the Customer fails to pay Invoice by due date, DeafVision shall be entitled to unilaterally terminate this Agreement and discontinue the service until payment is made. No refunds will be issued after the initial first forty-five (45) days of account activation.
10. LATE FEES: All Invoices receive at least a fifteen (15) day grace period. Payment must be received by (not postmarked by) the due date stated on Invoice or a late charge of $25 will be applied to the Customer's account. Late charges are non-negotiable. Invoices thirty (30) days or more past due are also subject to a 1.5% monthly finance charge. The minimum finance charge is $0.50. If an account has been suspended due to nonpayment, Customer may be subject to a $25 reactivation fee to reactive the account. Return checks (regardless of reason) will be subjected to a $35 Returned Check Fee per incident. Credit card declinations (regardless of reason) will be subjected to a $10 Credit Card Declination Fee per incident. Accounts that are not collectable by DeafVision may be turned over to an attorney or outside agency for collection. If Customer's account is turned over to a collection agency, Customer agrees to pay the company a "Processing and Collection" Fee of no less than Fifty ($50.00) and nor more than One Hundred and Fifty ($150.00) dollars. If turned over to an attorney for collection, Customer agrees to pay all attorney, court and related fees incurred.
11. BILLING INFORMATION CHANGES: Customer agrees to keep their billing and email information up-to-date with DeafVision via DeafVision's Customer Center. If Customer does not receive an Invoice because their email and/or contact information has changed and DeafVision was not notified, Customer is still liable for any late and financial charges incurred on their account. Customer understands it is their responsibility to keep their account records up-to-date.
13. BANDWITDH POLICY: DeafVision does not impose strict bandwidth/traffic/data transfer limits at this time. DeafVision DOES monitor server resource usage. If a Customer's account continuously uses more than 11% of the server's system resources, Customer may be asked to upgrade their web hosting account to an account plan that is more appropriate for their usage level. DeafVision reserves the right to change its bandwidth usage policy at anytime.
14. RESELLING / ADD-ON DOMAINS: DeafVision allows reselling with its Reseller Plans only. Customers who sign up for non-Reseller plans may only add additional domains and websites to their accounts that they personally own. They may not resell, sublet, or give away space on their web hosting accounts to other individuals, businesses, organizations or groups.
All accounts are automatically renewed upon expiration date. Web hosting customers who wish to cancel their accounts must give at least seven (7) days advance cancellation notice prior to renewal date. Thirty (30) days advance cancellation notice is required for Dedicated and VPS accounts. Forty-five (45) days advance cancellation notice is required for domain name registrations. Cancellation requests must be made through the DeafVision Customer Center ticket system. Cancellations are not be accepted via email or fax.
Upon receipt of Customer's cancellation request, a confirmation reply will be made to customer's cancellation ticket by DeafVision Accounts. Customer should not consider their account cancelled until this confirmation reply is posted. Customer is liable for all fees for services rendered up until the day of their confirmed cancellation. If Customer has pre-paid for their account and decides to terminate services before the end of the pre-paid term, Customer understands there will be no reimbursement and no pro-rated refunds regardless of the reason for the termination for accounts over forty-five (45) days old.
16. TECH SUPPORT / CUSTOMER SERVICE: DeafVision provides free technical support for server-related issues only. All tech support and customer service correspondence is conducted strictly through DeafVision's Customer Center ticket system.
17. UNILATERAL SERVICE REVOCATION: In the event that DeafVision may at any time believe that the service is being utilized for unlawful purposes by the Customer or in contravention with the terms and provisions herewith, or the Customer has failed to make payment by due date stated on Invoice, DeafVision may immediately discontinue such service to the Customer without liability.
18. AUTHORITY TO EXECUTE: The person filling out the order form for this service represents and warrants that he or she has full power to enter into this Agreement and hasn't assigned, encumbered, or in any manner transferred all or any portion of the claims covered by this Agreement.
19. CAPTIONS: The section headings and captions contained herein are for reference purposes and convenience only and shall not in any way affect the meaning or interpretation of this Agreement.
20. SEPARABILITY: If any provision of this Agreement shall be unlawful, void, or for any reason, unenforceable, it shall be deemed separable from, and shall in no way affect the validity or enforceability of, the remaining provisions of this Agreement, which shall remain valid and enforceable according to its terms.
21. INDEMNIFICATION: The Customer shall indemnify and hold harmless DeafVision from any and all loss, cost, expense, and damages on account of any and all manner of claims, demands, actions, and proceedings that may be initiated against DeafVision on the grounds that the web space content violates any copyright, proprietary right of any person, state and federal regulations, or contains any matter that is libelous or scandalous.
22. CHANGES IN TERMS OF AGREEMENT: DeafVision reserves the right to make changes to the terms and conditions of this Agreement at any time. DeafVision will communicate changes to this Agreement to Customer within thirty (30) days of change, advising of the change and the effective date thereof, but with changes in service fees being effective only at the end of any period for which the Customer has pre-paid. Utilization of the service by the Customer following the effective date of such change shall constitute acceptance by the Customer of such change(s).
23. ENTIRE AGREEMENT AND UNDERSTANDING: This instrument and the order form for web space constitute the entire agreement between the parties, and represent the complete and entire understanding of the parties with respect to the subject matter of this Agreement.
24. GOVERNING LAW: This Agreement shall be governed by the laws of the County of San Francisco, California, in the United States of America. In the event that any term or provision of this instrument is held by a court of competent jurisdiction to be unenforceable, then the remaining provisions of this instrument and the agreement which it evidences, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, and in consideration of the covenants and agreements contained herein, do hereby execute this instrument, with each party warranting their ability to enter into this agreement for the person or entity herein named as a party hereto.