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adultmarketing.net, known herein as "Provider", agrees to provide,
and Client agrees to receive, access to the Provider's Internet Site services
according to the following terms and conditions:
The terms and conditions of this agreement shall internalize on an ongoing
basis the Provider's Prices, Rates, Billing Policies and Operational Policies
as defined and updated from time to time on the "Provider's Prices, Rates
& Policies" page of the adultmarketing.net's home page found at http://www.adultmarketing.net.
1. Terms of Service Provision
1.1 The benefits and rights conferred by this Agreement are nontransferable
or assignable. Use of the benefits and rights under this Agreement is
expressly limited to the Client.
1.2 Client agrees to use the service in a manner consistent with any and all
applicable laws. Client agrees to follow the Acceptable Use Policy of any
network accessed pursuant to this Service Agreement, whether now in existence
or added subsequent to the date hereof, including, but not limited to,
Provider's or contracted network's system. This includes adherence to all
accessed networks' NO BULK EMAIL/NEWSGROUP SPAMMING policies. Client agrees
not to use web server account in conjunction with ANY bulk email/spamming
activities, regardless of whether Provider's network is used for such
activities.
1.3 By signing this Agreement, Client warrants that signer has full authority
to enter into the terms of this Agreement. If Client's representations
concerning this Paragraph 2.6 are fraudulent, then Provider has the right to
immediately terminate all services and collect any damages caused as a result
of the misrepresentation or warranty.
1.4 Client is responsible for all use of Client's account(s) and
confidentiality of Client's password(s) and information. Provider will suspend
access or change access to Client's account(s) within a reasonable time upon
written (email) notification by Client that his/her password(s) or information
has been lost, stolen, or otherwise compromised. Client is responsible for any
and all local or longdistance telephone charges for connecting to Provider.
1.5 During the term of this Agreement, Client agrees to pay Provider all
charges relating to the use of Client's account(s) according to terms, rates,
and prices as described on Client's order and Provider's Web Site hereto as
same may be amended from time to time. Use of Provider's services shall be
conclusive acceptance and agreement of the rates, prices, and storage charges.
Access is subject to limits established by the total costs of agreed services
by Client and is at the discretion of Provider. A credit limit is applied to
all accounts. Client's access to service may be suspended at Provider's sole
discretion if Client exceeds his/her limit or account becomes delinquent
unless prior arrangements have been made, such limits not to be unreasonably
set by Provider. This review and approval shall be in Provider's sole and
absolute discretion. Provider shall have the right to require a change in the
method of the Client's payment of fees hereunder throughout the term of this
Agreement. Client is responsible for charges at the time the service is used
and Provider may apply the amount due to Client's credit card (if then the
applicable form of payment) at any time for services due. Provider reserves
the right, in its sole and absolute discretion, to suspend access to service
for Client's account(s) upon an indication of credit problems including
delinquent payments or rejection of any credit card charges, or returned or
bad checks. The Client grants to Provider the broadest possible lien rights
available in all domain names of the Client which it utilizes in conjunction
with the Internet Site Services provided for under this Agreement. In the
event that the Client shall be delinquent in the payment of any amounts due
hereunder, Provider shall have the right to unilaterally terminate this
Agreement and cease all such domain names as collateral until the entire
amounts due, including costs of collection, are received in full by Provider.
1.6 THE PROVIDER SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE"
BASIS. NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT BY WAY OF
LIMITATION, THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE
MADE WITH RESPECT TO PROVIDER SERVICES OR ANY INFORMATION OR SOFTWARE THEREIN.
PROVIDER SHALL IN NO WAY BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES
OF THE CLIENT, INCLUDING BUT NOT LIMITED TO LOSSES OF INCOME DUE TO DISRUPTION
OF SERVICE BY PROVIDER OR ITS SITE SERVICES. UNDER NO CIRCUMSTANCES SHALL
PROVIDER BE LIABLE TO THE CLIENT FOR DAMAGES BEYOND THE FEES PAID BY CLIENT TO
PROVIDER FOR SERVICES FOR THE PERIOD DURING WHICH SUCH DAMAGES OCCURRED.
1.7 CLIENT HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON
PROVIDER'S NETWORK THROUGH CLIENT'S ACCOUNT(S) WILL NOT VIOLATE OR INFRINGE
ANY COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON LAW, OR PROPRIETARY RIGHTS
OF OTHERS, OR CONTAIN ANYTHING ILLEGALLY OBSCENE (SUCH AS CHILD PORNOGRAPHY,
GRAPHICAL VIOLENCE DEPICTIONS, or ANY OTHER MATERIAL DEEMED ILLEGAL BY THE US
SUPREME COURT) OR STATEMENTS THAT LIBELOUS IN NATURE.
2. Miscellaneous Provisions
2.1 Provider, in its sole business judgment, may terminate this Agreement
immediately or suspend Client's access to the service upon any breach of this
Agreement by Client, including, but not limited to, refusal or failure to pay
for services provided or by sole judgment of Provider that Client may be
performing activities harmful to Provider or its other Clients, employees,
vendors, business relationships, or any other Clients of the Internet due to
any factor. Provider also reserves the right to require client to upgrade to a
higher-rate plan at any time in the event that Client's site's traffic
activity exceeds any average load levels for traffic and data transfer set by
the Provider at Provider's own discretion. Client agrees that it will not
engage in bulk-emailing, spamming or any other practice in conjunction with
this web server account. Upon termination, deposits for future use shall be
refunded within a reasonable time, and Client may reapply for membership,
although Provider reserves the right in its sole discretion to accept or deny
such application.
2.2 All notices, statements and other communications given hereunder shall be
made in writing by e-mail, telegraph, telex, personal delivery or by mailing
the same by certified mail, return receipt requested, or by next day express
delivery in a postpaid wrapper, addressed to the other as aforesaid, and the
date of such personal delivery, e-mailing, telefaxing, telexing, the next day
if by express delivery, or the date five (5) days after such mailing shall be
deemed the date on which such notice is effective.
2.3 This Agreement may not be changed orally, but only by an agreement in
writing signed by the party against whom enforcement of any waiver, change,
modification or discharge is sought.
2.4 This Agreement may be executed simultaneously in two or more counterparts,
each of which shall be deemed an original, and it shall not be necessary in
making proof of this agreement to produce or account for more than one such
counterpart. Facsimile signatures for all purposes of this Agreement shall be
considered as effective and binding on all parties hereto as actual original
signatures. In the event of the use of facsimile signatures, the parties
hereto shall deliver to each other within ten (10) days after said facsimile
actual original properly executed copies of this Agreement.
2.5 In the event that this Agreement is in part found invalid by a court of
competent jurisdiction, the remaining portions of this Agreement shall
continue to be in full force and effect. This agreement shall represent the
complete understanding of the parties hereto relating to the subject matter
herein.
2. 6 This Agreement shall be binding upon and insure to the benefit of the
parties hereto and their respective heirs, personal representatives,
successors, and assigns.
2. 7 Nonenforcement of any section of this Agreement by either party does
not constitute a waiver or consent and both parties reserve the right to
enforce this Agreement at their discretion. If any one or more paragraphs in
this Agreement is found to be unenforceable or invalid, Client's and
Provider's agreement on all other paragraphs shall remain valid.
We accept Visa, MasterCard, Discover,
Phone: 1-877-946-7802 - Fax: 800.861.0956
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