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TheSmartList.com/Web Intelligence Network, Inc. - SERVICE AGREEMENT
This Service Agreement (this "Agreement") sets forth the terms and conditions of your use of TheSmartList.com/Web Intelligence Network, Inc. for Content Management and/or Web Hosting services. You certify that you are at least 18 years of age. To become a TheSmartList.com/Web Intelligence Network, Inc. account holder, you must read and agree to be bound by all terms and conditions of this Agreement, the fee schedules on the Online Order forms and any policies that are or may be published by TheSmartList.com/Web Intelligence Network, Inc.. This Agreement will become effective when accepted by TheSmartList.com/Web Intelligence Network, Inc.. By posting notice 30 days in advance at a web page available on our web site (www.TheSmartList.com), TheSmartList.com/Web Intelligence Network, Inc. may modify the terms and conditions of this Agreement or the prices of its services, as well as discontinue or change the services offered. You will be bound by the modified Agreement, prices and/or policies if you continue to use the services.
Scope of Services and Your Obligations This Agreement defines the terms and conditions of TheSmartList.com/Web Intelligence Network, Inc. services as offered by TheSmartList.com/Web Intelligence Network, Inc. and used by you, including the provision of web hosting services on TheSmartList.com/Web Intelligence Network, Inc.'s servers and connectivity to the Internet (the "Services"). TheSmartList.com/Web Intelligence Network, Inc. will provide the Services for CMS access and Web Hosting in exchange for payment of fees and full compliance with the terms and conditions of this Agreement. In performing the Services, TheSmartList.com/Web Intelligence Network, Inc. maintains control and ownership of any and all Internet protocol ("IP") numbers and ("IP") addresses that may be assigned to you and reserves the right to change or remove any and all IP numbers and addresses at its sole discretion. TheSmartList.com/Web Intelligence Network, Inc. reserves the right to monitor its systems electronically and to access and disclose any information as permitted or required by any law, regulation or other governmental request to operate its systems properly, to protect itself or its accountholders or for any other reason it in good faith deems necessary. TheSmartList.com/Web Intelligence Network, Inc. will fully cooperate with law enforcement authorities in investigating suspected lawbreakers and reserves the right to report to law enforcement any suspected illegal activity it becomes aware of. It is not TheSmartList.com/Web Intelligence Network, Inc.'s intention that its Services or facilities be used in contravention of the Communications Decency Act of 1996 (the "CDA") or any other applicable law. You agree to comply with the requirements of the CDA and the Digital Millennium Copyright Act (the "DMCA") and acknowledge that TheSmartList.com/Web Intelligence Network, Inc. is a "service provider" under the DMCA and is therefore immune from liability under the DMCA, including 17 U.S.C. § 512. Consistent with the DMCA, TheSmartList.com/Web Intelligence Network, Inc. will accommodate standard technical measures used to identify and protect copyrighted works, and, as further described herein, TheSmartList.com/Web Intelligence Network, Inc. has a policy of terminating accountholders who are copyright infringers. Websites are unmodified forums containing the personal opinions and other expressions of the persons who post entries on a wide range of topics. Neither the content of websites located on TheSmartList.com/Web Intelligence Network, Inc.'s servers nor the links to other websites are screened, approved, reviewed or endorsed by TheSmartList.com/Web Intelligence Network, Inc.. TheSmartList.com/Web Intelligence Network, Inc. is not a publisher of any of the content of websites, or of any content that may be available through the links to and from them, and is acting solely as an Internet web-hosting service / Content Manegement System provider. The text and other material on such websites are the opinion of the specific author and are not TheSmartList.com/Web Intelligence Network, Inc.'s statements of advice, opinion or information. Payment Policies, Fees, and Refunds: Full payment is required before any service is rendered, which includes renewals. All payment-due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax. Prepayment is due each anniversary (one month, one year) following the date the account was established. Billing will continue until you cancel your account. You may cancel at anytime. As a policy, we do not offer credits or refunds for hosting time already expended. Setup fees are nonrefundable. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies TheSmartList.com/Web Intelligence Network, Inc. of cancellation. All monetary transactions are in $US dollars. Additional features can be added at any time. Monthly feature prices are not prorated. TheSmartList.com/Web Intelligence Network, Inc. reserves the right to change prices at any time. If your web site has an ovedue balance, our automated billing system will suspend your account until you pay the overdue balance. Please note that it is your responsibility to keep your account current. You can check your account balance at any time by clicking "Account Management" in your account's control panel. Terms: The validity, terms, performance and enforcement of this Agreement shall be governed and construed by its provisions and in accordance with the laws of the state of New Jersey. Indemnification Policy: You agree to use all TheSmartList.com/Web Intelligence Network, Inc. services and facilities at your own risk. TheSmartList.com/Web Intelligence Network, Inc. specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall TheSmartList.com/Web Intelligence Network, Inc. be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. BY ACCEPTING THIS AGREEMENT, YOU AGREE TO WAIVE AND HOLD TheSmartList.com/Web Intelligence Network, Inc. HARMLESS FROM ANY CLAIMS RELATING TO ANY ACTION TAKEN BY TheSmartList.com/Web Intelligence Network, Inc.. CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD TheSmartList.com/Web Intelligence Network, Inc. HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS, CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST TheSmartList.com/Web Intelligence Network, Inc., ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, ITS AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS TheSmartList.com/Web Intelligence Network, Inc. AGAINST LIABILITIES ARISING OUT OF: (1) any injury to person or property caused by any products sold or otherwise distributed in connection with TheSmartList.com/Web Intelligence Network, Inc.'s server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and; (4) any defective products sold to customer from TheSmartList.com/Web Intelligence Network, Inc.'s server. TheSmartList.com/Web Intelligence Network, Inc. shall be the sole judge of what violates this Policy. Account Cancellation: To cancel your account, please follow these instructions. You may cancel at anytime. As a policy, we do not offer credits or refunds for hosting time already expended. Domain registration fees and setup fees are nonrefundable. NOTE: TheSmartList.com/Web Intelligence Network, Inc. charges a $25.00 fee for returned checks and a $50 fee for charge backs. For international customers, if you are sending a check/money order the amount must be drawn in $US dollars. You may cancel at anytime. Phone requests will not constitute acceptance of any cancellation. Notification of cancellation must be received at least five business days prior to your cycle date, with the cycle date being the day of the month you sign up, in order to avoid charges in full for the next cycle. It is the Clients Responsibility to secure email confirmation from TheSmartList.com/Web Intelligence Network, Inc. that account has been cancelled. If the client has not yet received email confirmation of account cancellation, then the account remains active, and you will continue to be invoiced. If Client has a balance due at the time of cancellation, this balance must be paid in full. Cancellation does not absolve Client of any outstanding financial obligations. All TheSmartList.com/Web Intelligence Network, Inc. accounts must be paid in full before the cancellation will be considered complete. Transferring your domain to another provider or nonuse of your hosting account does not constitute canceling your account. You must notify TheSmartList.com/Web Intelligence Network, Inc. to formally cancel your account and avoid further charges. Account Ownership: TheSmartList.com/Web Intelligence Network, Inc. is only responsible to the present owner of your account. We verify ownership by credit card number (if paid for by credit card), name, address, email address, username, & password. If you give this information to any other party or give access to your email address on your account to another party, you risk having your Web site and any other information on your account changed and/or deleted. We are not responsible for any information on your account should you reveal this information to another party who causes damage to your account and/or Web site. Reporting Alleged Copyright Infringement: In notifying us of the alleged copyright infringement, please be sure to include the following information:
Domain Registration/transfer: It is your responsibility to verify that the registration of your domain name is complete. And, when the domain name registration comes up for renewal, the Domain Name Registration Company ordinarily will email the contact for your domain to remind you it will soon expire. If you do not keep your domain name's registration current, then the domain registration will expire and the domain would then become available for others to register. It is your responsibility to be certain that you keep your domain name registered. Email Policy: TheSmartList.com/Web Intelligence Network, Inc. may not be the source, intermediary, or destination address involved in the transmission of any unsolicited email, email bombs, hate email, or any mass email that is not explicitly requested by the recipient. OPT IN e-mail lists are acceptable, but must include simple facility for the recipient to OPT OUT. SPAM Policy: TheSmartList.com/Web Intelligence Network, Inc. is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: Over the TheSmartList.com/Web Intelligence Network, Inc. network, by customers or any other users of the TheSmartList.com/Web Intelligence Network, Inc. network (including customers' customers); AND/OR over ANY network if the message sent advertises or mentions a site hosted on the TheSmartList.com/Web Intelligence Network, Inc. server. We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial email (a.k.a. "spam"), cross-posting messages to a large number of usenet groups, posting obscene or threatening messages while using or referring to an TheSmartList.com/Web Intelligence Network, Inc. email address or web site URL is prohibited. The use of TheSmartList.com/Web Intelligence Network, Inc. servers as a mail drop for responses to activities described above is also prohibited. Accounts canceled due to spam will be billed a "clean up" fee of $250. If you have any complaints or comments regarding Spam on our network, please direct them at to our staff. Content Policy: All services provided by TheSmartList.com/Web Intelligence Network, Inc. may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any US Law, or in violation of the laws of any country, is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, material that advocates or calls for the commission of crimes or civil harms to any person, group of people, corporation, country, or any entity, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless TheSmartList.com/Web Intelligence Network, Inc. from any claims resulting from the use of the service which damages the subscriber or any other party. Pornography is prohibited on all TheSmartList.com/Web Intelligence Network, Inc. servers. This includes sites that may infer sexual content, or links to adult content elsewhere. TheSmartList.com/Web Intelligence Network, Inc. will be the sole arbiter in determining violations of this provision. Also prohibited are sites that promote any illegal activity or present content that may be damaging to TheSmartList.com/Web Intelligence Network, Inc. servers or any other server on the Internet. Links to such materials are also prohibited. Examples of unacceptable content or links: Pirated software Hacker programs or archives Warez sites Any illegal activity, including adult content, links to adult content web sites, spamming or hacking will result in your site being shut down and all your files deleted without warning. TheSmartList.com/Web Intelligence Network, Inc. will be the sole arbiter as to what constitutes a violation of this provision. Backups: Full backups are made weekly, and backups of new/changed data made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. If loss of data occurs due to an error of TheSmartList.com/Web Intelligence Network, Inc., we will attempt to recover the data for no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, TheSmartList.com/Web Intelligence Network, Inc. will attempt to recover the data from the most recent archive for a $250.00 fee. Telephone Support: Client agrees to email us at support@TheSmartList.com/Web Intelligence Network, Inc. for technical support issues. TheSmartList.com/Web Intelligence Network, Inc. does, however, offer telephone support to clients. Client agrees not to abuse this resource. Abuse includes placing multiple repeat calls without leaving a message or leaving multiple messages in the same 24-hour period. Clients who abuse telephone support privileges may, at Provider's sole discretion, have telephone support privileges revoked and/or incur a charge of $5.00 per call. TheSmartList.com/Web Intelligence Network, Inc. shall have sole authority to determine violations of this policy. Contact: E-mail: support@TheSmartList.com Phone: 866-749-6336 x702 Fax: 866-533-0340 Mailing Address: 302 1/2 Pavonia Ave Jersey City, NJ 07302 | ||
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© 2012 TheSmartList.com Terms of Use |
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