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Terms of Service Contract
SolutionWebHosting.net, part of Woolf Digital Media, is a Web Presence Provider. User accounts
on our Internet servers are subject to compliance with the terms
and conditions set forth below. Under the terms of this agreement,
your placement of information on SolutionWebHosting.net's servers is an
acknowledgement that you have read and understood this agreement,
and that you agree to be bound by the terms and conditions below.
If you do not wish to be bound by these terms and conditions,
you should not proceed to place any information of any kind
on SolutionWebHosting.net's servers.
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User Conduct
SolutionWebHosting.net's services may only be used for lawful purposes.
Any use of these services which violates any local, state,
federal, or international laws which may apply to SolutionWebHosting.net,
your local jurisdiction, or any jurisdiction that you or
your site may be subject to is strictly prohibited.
While using the service, you may not:
- Restrict or inhibit any other user
from using and enjoying the Internet;
- Post or transmit any unlawful,
threatening, abusive, libelous, defamatory, obscene,
offensive, indecent, pornographic, profane, or otherwise
objectionable information of any kind, including without
limitation any transmissions constituting or encouraging
conduct that would constitute a criminal offense,
give rise to civil liability, or otherwise violate
any local, state, federal or international law, including
without limitation the U.S. export control laws and
regulations, and laws protecting intellectual property
including copyright, trademark, trade secret, misappropriation
and anti-dilution laws;
- Post, publish, transmit, reproduce
or distribute any information or software which contains
a virus or other harmful component;
- Post, publish, transmit, reproduce,
distribute or in any way exploit any information,
software, or other material obtained through the service
for commercial purposes (other than as expressly permitted
by the provider of such information, software, or
other material).
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Indemnification
You agree to indemnify, defend, and hold harmless SolutionWebHosting.net
from any and all liability, penalties, losses, damages,
costs, expenses, attorneys' fees, causes of action or claims
caused by or resulting indirectly from your use of the service
which damages either you, SolutionWebHosting.net, or any other party
or parties without limitation or exception. This indemnification
and hold harmless agreement extends to all issues associated
with your account, including but not limited to domain name
selection and Web site content.
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Refusal or Discontinuance
of Service
SolutionWebHosting.net reserves the right to refuse or discontinue service
to anyone at SolutionWebHosting.net's sole discretion. SolutionWebHosting.net may
deny you access to all or part of the service without notice
if you engage in any conduct or activities that SolutionWebHosting.net
in its sole discretion believes violates any of the terms
and conditions in this agreement. SolutionWebHosting.net shall have
no responsibility to notify any third-party providers of
services, merchandise, or information, nor any responsibility
for any consequences resulting from such discontinuance
or lack of notification. You agree that SolutionWebHosting.net has the
right to monitor the service electronically from time to
time and to disclose any information as necessary to satisfy
the law, or to protect itself or its subscribers. SolutionWebHosting.net
reserves the right to refuse to post or to remove any information
or materials, in whole or in part, that, in its sole discretion,
are unacceptable, undesirable, or in violation of this agreement.
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No Warranties
SolutionWebHosting.net makes no warranties or representations of any
kind for the services being offered. The service is provided
on an "as is" and "as available" basis
without warranties of any kind, either express or implied,
including but not limited to warranties of title, noninfringement,
or implied warranties of merchantability or fitness for
a particular purpose. No advice or information given by
SolutionWebHosting.net or its agents or employees shall create a warranty.
SolutionWebHosting.net provides no warranty that the service will be
uninterrupted or error free or that any information, software
or other material accessible on the service is free from
viruses or other harmful components. Under no circumstances
shall SolutionWebHosting.net be liable for any direct, indirect, special,
punitive, or consequential damages that result in any way
from your use of or inability to use the service, or for
third parties' use of the service to access your Web space,
or to access the Internet or any part thereof, or your or
any third parties' reliance on or use of information, services,
or merchandise provided on or through the service, or that
result from mistakes, omissions, interruptions, deletion
of files, errors, defects, delays in operation or transmission,
or any failure of performance. If you are dissatisfied with
SolutionWebHosting.net service or any of its terms, conditions, rules,
policies, guidelines, or practices, your sole and exclusive
remedy is to discontinue using the service.
You understand that by placing information on SolutionWebHosting.net's
servers that such information becomes available to all Internet
users and that SolutionWebHosting.net has no way of limiting or restricting
access to such information or protecting such information
from copyright infringement. You assume total responsibility
and risk for your use of SolutionWebHosting.net's servers and the Internet.
It is solely your responsibility to evaluate the accuracy,
completeness, and usefulness of all opinions, advice, services
and other information, and the quality and merchantability
of all merchandise provided through SolutionWebHosting.net or on the
Internet generally.
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ECPA Notice
SolutionWebHosting.net reserves the right to monitor any and all communications
through or with our facilities. You agree that SolutionWebHosting.net
is not considered a "secure communications medium"
for the purposes of the ECPA, and that no expectation of
privacy is afforded.
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Identification Information
You agree that you as the person legally responsible for
use of this account, are at least 18 years of age. You agree
to supply SolutionWebHosting.net with a current and truthful name, postal
address and telephone number for our records, and you have
a continued obligation to keep this information current.
You also agree that you are an authorized user of any credit
card that you supply to us and agree that we have an obligation
to fully investigate any possible fraudulent credit card
use.
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No Interferance
with Operation of System
You agree not to maliciously or intentionally interfere
with the proper operation of the system, including but not
limited to defeating identification procedures, obtaining
access beyond that which you are authorized for, and impairing
the availability, reliability, or quality of service for
other customers. You further agree not to interfere with
the proper operation of other systems reachable through
the Internet, including any attempt at unauthorized access.
You agree to follow the Acceptable Use Policy of any network
or service you connect to.
You agree to adhere to system policies as published online
by SolutionWebHosting.net, including restrictions on services available
with each account type, restrictions on certain features,
and all other policies designed to protect and enhance the
quality and reliability of service at SolutionWebHosting.net. You agree
to abide by any and all future SolutionWebHosting.net policy decisions.
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Security
You agree that the security of your account is solely your
own responsibility. You further agree that if you believe
the security of your account has been compromised in any
way, you will notify SolutionWebHosting.net immediately in writing by
registered mail, return receipted, to SolutionWebHosting.net, 2699 York
Rd., Columbus, OH 43221. You shall be held fully responsible
for any misuse or compromise to your account for which SolutionWebHosting.net
is not properly notified. You agree that if any security
violations are believed to have occurred in association
with your account, SolutionWebHosting.net has the right to suspend access
to the account pending an investigation and resolution.
You also agree that SolutionWebHosting.net has the right to cooperate
in any government or legal investigation regarding any aspect
of our services, including services sold to you. Any use
of our system to engage in software piracy or other violations
of law will result in account suspension and be immediately
reported to the appropriate authorities.
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Backup of Data
Your use of the service is at your sole risk. SolutionWebHosting.net
is not responsible for files and data residing on your account.
You agree to take full responsibility for files and data
transferred and to maintain all appropriate backup of files
and data stored on SolutionWebHosting.net servers.
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Transmittal of Materials
You agree not to transmit unsolicited or prohibited advertising
or other harassing or illegal materials through electronic
mail, Usenet postings, or other Internet media. The use
of SolutionWebHosting.net or any other service with reference to services
obtained through SolutionWebHosting.net, for unsolicited mass mailings,
postings, or other activities considered an annoyance to
others, commonly referred to as "spamming" is
strictly prohibited and may cause your services to be terminated
immediately and without warning and you will be held fully
responsible for any damages to you, SolutionWebHosting.net, or any other
party or parties resulting from any such conduct.
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Payment
You agree to supply appropriate payment for the services
received from SolutionWebHosting.net, in advance of the time period
during which such services are provided. You agree that
all setup fees are non-refundable once setup is completed.
You agree that until and unless you notify SolutionWebHosting.net of
your desire to cancel any or all services received, those
services will be billedon a recurring basis. You agree that
if you are paying by credit card, prepayments will be billed
and charged automatically, and that SolutionWebHosting.net may apply
the amount due to the provided card at any time. SolutionWebHosting.net
agrees that pro-rated refunds for unused time periods will
be provided upon request, in the event of account termination.
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Prior Agreements
This agreement supersedes any written, electronic, or oral
communication you may have had with SolutionWebHosting.net or any agent
or representative thereof, and constitutes the complete
and total agreement between the parties.
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Severability
If any provision of this agreement is determined to be invalid
or unenforceable, all other provisions shall remain in full
force and effect and said provision shall be reformed only
to the extent necessary to make it enforceable.
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Applicable Law,
Jurisdiction, and Service
This agreement shall be governed by the applicable laws
of the State of Ohio, USA and the United States of America.
Customer agrees that all services provided by AgNets.com
shall be deemed to have been requested and provided in Ohio,
Customer further agrees that the Court of Common Pleas of
the State of Ohio, shall have personal jurisdiction over
Customer and exclusive subject matter jurisdiction over
any and all controversies or claims arising from or relating
to this agreement or the services provided by ArtGallerywww.com.
Customer agrees to accept service of process related to
this agreement by ordinary mail, postage prepaid, to the
most recent address provided by Customer.
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Acknowledgment
By placing and continuing to maintain or place information
on SolutionWebHosting.net's servers you are stating and acknowledging
that you have read the aforementioned terms and conditions
and that you understand such terms and conditions and agree
to be bound by them.
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