Terms of Service and other Legal Mumbojumbo
IMPORTANT: READ THESE TERMS CAREFULLY! THEY CONTAIN MATTERS WHICH MAY HAVE IMPORTANT LEGAL CONSEQUENCES TO YOU AND TO YOUR USE OF SERVICES! YOU SHOULD REVIEW THESE PROVISIONS OFTEN, FOR THEY ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE!
These terms shall apply to access and services provided to the accessing customer ("Customer") by BlurbCo ("Provider"). Acceptance of services by any Customer shall constitute acceptance of these terms and agreement to be bound hereby.
1.1 In Consideration of services rendered and to be rendered, the Customer guarantees the payment of all charges incurred by the Customer(s) for services provided by Provider in accordance with the terms and conditions contained herein and elsewhere in this website..
1.2 The Customer further agrees that said account and all future charges will be paid by cash or check mailed to the address set forth in this website on or before the 20th day of each month.. A delinquent account may be temporarily suspended from use until the charges have been paid, or permanently suspended, at the sole option of Provider.
2.0 TERMINATION OF SERVICE
2.1 Provider reserves the right to terminate all services to any customer with multiple accounts should any such account become delinquent and are not paid within 30 days of any billing due date. Multiple accounts include but are not limited to parent, subsidary, and affiliated corporations; individuals and partnerships; individuals and sole proprietorships; and any other entities to which there is any direct or indirect connection between the accounts.
2.2 Customer understands that Provider reserves the right to terminate any account for any reason or for no reason and at any time. Customer understands and agrees that no prepaid charges are refundable in the event of such termination.
2.3 Provider is in no manner responsible for the content or effect of any matter or information transmitted or accessed through the services, nor shall Provider bear any responsibility for the accuracy, completeness, legality or effect of any such matter or information or the result of its access or use.
3.1 The Customer will be provided with or will select an identification code (username) and confidential password for Customer's exclusive use. The Customer account is intended to be a single-user account. Customer agrees to pay and be responsible for, up on receipt of each monthly statement (transmitted via e-mail or otherwise), all usage of this identification code. In locations where simultaneous login with the same username is allowed, Customer understands that there will be an additional charge for the duration of all concurrent sessions.
3.2 The Customer understands that Provider is not liable if Customer's username and/or password is compromised. Further, the Customer is expected to maintain a secure password consisting of no known word or phrase and using numbers, letters, and (optionally) certain special characters. Hence, the Customer may be held liable for any actions taken by an individual or group who have obtained/guessed the Customer's password and used it to access his account. Under no circumstances is Provider liable for the actions taken by a compromised account.
3.3 The Customer understands that Provider does not maintain a record of existing passwords. If the Customer forgets his/her password, the only recourse will be for Provider to issue a new password upon verification of the caller's identity.
4.0 USING ACCOUNT FOR ILLEGAL PURPOSES
4.1 Provider services and accounts may only be used for lawful purposes. Use of a Provider account or service in an illegal manner is grounds for immediate termination. Customer agrees to hold harmless and indemnify Provider against any claims or charges that arise from Customer's use of Provider services and/or accounts.
4.2 Use of a Provider account to gain passwords, encryption codes, or other security information of Provider or other sites on any computer network is grounds for immediate termination and, if illegal, will be reported to the proper authorities. Use of a Provider account to break into a Provider or other site's machine is also grounds for immediate termination and will be reported to the affected site and the proper authorities.
5.0 ELECTRONIC MAIL
5.1 While Provider does not in any way monitor the content of any Customer's e-mail, postings, downloads, etc., the Customer acknowledges that Provider has the right to monitor user activity if said activity is adversely impacting Provider services and/or another site. Provider will not, however, intentionally disclose user activity to another site or entity unless required by court order, subpoena, or other legal force.
5.2 Provider reserves the right to move, delete, or reduce the Customer's mailbox if said mailbox has reached a size that is adversely affecting system performance. Further, Customer acknowledges that Provider has the right to kill any mail processes being run by the Customer that are adversely affecting system performance. In these and all instances of system performance being affected, Provider is the sole judge of what is adverse.
6.1 Information transmitted over the Internet and/or other computer networks is generally not considered to be secure. While Provider respects the privacy of our customers, the Customer understands that there is no guaranteed privacy on the Internet and that Provider can not be liable or responsible for any viewing or interception of Customer's e-mail, downloads, news, etc., by other customers or individuals at Provider or on any network.
7.0 SERVICE QUALITY
7.1 Provider makes no warranty of its service and availability, and Customer understands and agrees that Provider's services may be terminated or discontinued at any time and without notice with no liability on the part of Provider and no responsibility for refunding any prepaid charges. While a good faith effort will be made to restrict any and all downtime to scheduled maintenance periods, no guarantees or representations are made as to any account, product, or service offered by Provider. In addition, Provider makes no warranty of Customer transmissions, connections, downloads, etc. Customer is solely responsible for any losses, damages, or expenses related to service failure, whether caused by Provider or a Customer, and agrees that Provider shall not be liable for any or all of same, even if caused by Provider's own negligence.
7.2 The Customer agrees to indemnify and hold Provider wholly harmless from and against any and all liabilities that may arise as a result of the failure of services, equipment or software of Provider, with the exception of willful misconduct or omissions of Provider.
8.1 Provider reserves the right to change this agreement at any time without notice. Changes will be posted to this website, and Customer is resonsible for reviewing these provisions often. By using any Provider services, the Customer agrees that he or she has read and understands these terms and conditions and agrees to be bound by them.
8.2 By making use of an Provider account or service, the Customer certifies to Provider that he or she is eighteen (18) years of age or older. If the Customer allows an individual under eighteen years of age to access the Internet from Customer's Provider account, Customer takes full responsibility for the minor's access to any information that might be viewed as adult or unsuitable and agrees to hold harmless and indemnify Provider for any claims or charges that arise from said minor's use of service.
8.3 Customer acknowledges that the Internet contains some information that may be deemed offensive, obscene, or adult in nature. Customer accesses such information at his or her own risk, and understands that Provider has no way to limit access to this type of material located on the servers of other providers. Customer understands that Provider reserves the right to remove from its servers any material that Provider management deems to be objectionable in Provider's sole discretion. Customer will be notified by e-mail at the time the material is removed. Portrayal of objectionable material on Provider servers will be grounds for termination of the user account.
8.4 The Customer agrees to take responsibility for any accesses, retrieval, and/or storage of any and all information available to Customer from his/her Provider account. The Customer indemnifies Provider against any and all claims or charges relating to the information Customer can or does access while using his/her Provider account.
8.5 Personal home page areas may not be used for commercial or organizational purposes unless Provider gives prior authorization. Commercial and Organizational purposes are defined as being any type of advertising for profit. Non-profit organizations such as public schools, churches, etc. are not included in this definition.
8.6 Customer shall not intentionally allow unauthorized connections to Provider, or unauthorized reselling of Provider services, nor shall Customer in any way duplicate any Provider materials, advertising, brochures, pamphlets and the like or any other information which is proprietary to Provider.
8.7 Provider reserves the right to direct a customer to remove any program, process, or technique from a Web site that causes excessive utilization of Provider bandwidth or resources, or which Provider deems offensive for any reason in Provider's sole discretion.
8.8 Should any violations within these Terms of Service require corrective action on the part of Provider, the Customer will be held liable for all costs associated with such action.
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