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| PROJECT GEEK |
TERMS OF SERVICE Project Geek agrees to furnish services to the Customer, subject to the following TOS (Terms of Service). Use of Project Geek's Service constitutes acceptance and agreement to Project Geek's AUP as well as Project Geek's TOS (Terms of Service). All provision of Project Geek's service is subject to the TOS (Terms of Service) and AUP (Acceptable Use Policy). Either the TOS or the AUP may be changed from time to time at the discretion of Project Geek. Customer understands that change to either by Project Geek shall not be grounds for early contract termination or non-payment. This Agreement shall be construed in all respects in accordance with the laws of the State of Missouri, County of St. Louis, applicable to contracts enforceable in that state. Venue will be St. Louis County, Missouri. Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Customer agrees that Project Geek may disclose any and all Customer information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Customer. In addition Project Geek shall have the right to terminate all service set forth in this Agreement. Service Rates: Customer acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Customer. Customer is aware that Project Geek may prospectively change the specified rates and charges from time to time. Payment: Establishment of this service is dependent upon receipt by Project Geek of payment of stated charges. Subsequent payments are due on the anniversary date of the month for the following month's service. Payment must be made by valid credit card as directed by Project Geek. No portion of a month's stated charges may be refunded. Payments and Fees: Credit cards that are declined for any reason are subject to a $1.00 declination fee. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment is subject to a $25 reconnect charge. Accounts not paid by due date are subject to a $7.95 late fee. Accounts that are not collectable by Project Geek may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay Project Geek a "Processing and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS. Refund and Disputes: All payments to Project Geek are nonrefundable. This includes any one time setup fee (if applicable) and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that is determined by Project Geek, in Project Geek's sole and complete discretion, to be a valid charge under the provisions of the TOS and /or AUP, you agree to pay Project Geek an "Administrative Fee" of not less than $50 and not more than $150. Failure to Pay: Project Geek may in its sole and complete discretion deny service or terminate this Agreement upon the failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. Account Cancellation: All requests for canceling accounts must be made in writing by email with at least 10 days notice. You must have all account information to cancel, including current valid passwords for your site. Project Geek Liability: Customer acknowledges that the service provided is of such a nature that service can be interrupted for many reasons and that damages resulting from any interruption of service are difficult to ascertain. CUSTOMER IS WARNED THAT THE INTERNET AND INTERNET HOSTING CONSTITUTE NEW AND UNRELIABLE TECHNOLOGY, AND THAT CUSTOMER TRUSTS HIS IMPORTANT BUSINESS TO THE INTERNET, AND/OR TO PROJECT GEEK HOSTING, AT HIS OR HER OWN RISK. Customer further acknowledges that PROJECT GEEK IS NOT A PROFESSIONAL HOSTING SERVICE but rather a hobby for its administrators. Customer acknowledges that Project Geek does not make implied or written warranties for any of its services. Project Geek denies any warranty of merchantability for a specific purpose. Project Geek denies any warranty, without limitation, protecting against, and Customer agrees to assume any liability for, loss of data resulting from delays, non-deliveries, wrong delivery, security issues and violations, and any and all service interruptions caused by or resulting from Project Geek. Further, Customer releases Project Geek from any and all liability, of any nature whatsoever, including Project Geek's own negligence and/or wanton and reckless disregard, except to the extent of the amount equivalent to charges payable by Customer to Project Geek for services during the period such damages occurred. The limitations of damages set forth above (which are intended to include, without limitation, actual, special, incidental, consequential, or indirect damages for personal injury, loss of business profits, business interruption, loss of business or personal information, or any other pecuniary loss) are fundamental elements of the bases of the bargain between PROJECT GEEK and Customer. PROJECT GEEK would not be able to provide this product on an economic basis without such limitations. New Domain Accounts: All new webhosting accounts will be set up and entered into our DNS servers within 3 to 5 business days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days. Project Geek does not register domain names for Customers. That is the Customer's sole responsibility. Support Boundaries: Project Geek provides limited technical support. The following are our guidelines when providing support: Project Geek provides support related to your virtual site's physical functioning; in other words, server and server configuration issues. Project Geek does not offer tech support for application specific issues such as cgi programming, html or any other such issue specific to your individual site. SPAM and Unsolicited Commercial Email (UCE): Project Geek takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Project Geek may not use or permit others to use our network to transact in UCE. Customers of Project Geek 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 Project Geek's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Project Geek will initiate an immediate investigation (within 48 hours of notification). During the investigation, Project Geek may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Project Geek may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Project Geek reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Project Geek will notify law enforcement officials if the violation is believed to be a criminal offense. First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that Project Geek personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account. As our Customers are ultimately responsible for the actions of their clients over Project Geek network, it is advisable that Customers develop a similar, or stricter, policy for their clients. Network IP Address Ownership: If Project Geek assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Project Geek, and Customer shall have no right to use that Internet Protocol address except as permitted by Project Geek in its sole discretion in connection with the Services, during the term of this Agreement. Project Geek shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Project Geek, and Project Geek reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting. Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer (the "Agreed Usage"). Project Geek will monitor Customer's bandwidth and disk usage. Project Geek shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Project Geek's sole and absolute discretion. If Project Geek takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, Project Geek may, at its sole discretion, require the customer to upgrade his/her account, or otherwise, pay an additional charge for the use of such excess resource. In addition, Project Geek administrators reserve the right to delete site logs more than 10 megs in size or more than 7 days old. Suspension of Service or Cancellation: Customer agrees to be bound by Project Geek's AUP, and understands that any violation of the AUP or this TOS may result, in Project Geek's sole and complete discretion, in a complete and immediate termination of service, without advance warning or notice. Project Geek is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities. Project Geek reserves the right to amend its policies at any time. Failure to follow any term or condition will be grounds for immediate Cancellation. Indemnification: Project Geek wishes to emphasize that in agreeing to Project Geek Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Project Geek for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Project Geek or the bringing of any claim against Project Geek by any third-party. This means that if Project Geek is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Project Geek, plus all costs and attorney's fees. Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference. A waiver by Project Geek of any breach of any provision of this Agreement by Customer shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof. Customer shall not transfer or assign this Agreement without the prior written consent of Project Geek. Project Geek may assign Agreement at anytime without consent from or notice to Customer. Project Geek reserves right to cancel customers rights under this contract at anytime without further obligation. Project Geek takes no responsibility for any material input by others and not posted to Project Geek Network by Project Geek. Project Geek is not responsible for the content of any other sites linked to Project Geek Network; links are provided as Internet navigation tools only. Project Geek disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy. Responsibility for Content: Project Geek will make no backup or otherwise preserve the content of your site. You are solely responsible for the content stored on your site.  Acceptable Use Policy |