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-- CLIENT agrees not to use the Service for illegal purposes. Not to conduct any criminal or fraudulent activities from our servers, such as: SCAM, phishing, child porn, carding, hacking, network scanning, botnet administering, ...etc.
-- Bulk Email Services's Bulletproof Web Hosting is for web hosting only, no sending of unsolicited or bulk emails from our network. Service will be terminated immediately if violate.
-- CLIENT is responsible for backing up all website data, such as homepage files, documents, emails, and all other important files.
-- CLIENT agrees not to run scripts/programs that utilize heavy machine resources, or overload CPU and other hardware, or run any activities that effect server performance.
-- If an account is terminated due to any violation of TOS, CLIENT will receive no refund.
4. MODIFICATIONS TO SERVICE
Bulk Email Services reserves the right to modify or discontinue the Service with or without notice to CLIENT. Bulk Email Services shall not be liable to CLIENT or any third party should Bulk Email Services exercise its right to modify or discontinue the Service.
5. DISCLAIMER OF WARRANTIES
CLIENT expressly agrees that use of the service is at CLIENT's sole risk. The service is provided on an "as is" and "as available" basis. Bulk Email Services expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Bulk Email Services makes no warranty that the service will meet CLIENT's requirements, or that the service will be uninterrupted, timely, secure, or error-free; nor does Bulk Email Services make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained through the service.
6. LIMITATION OF LIABILITY
Bulk Email Services shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or the inability to use the service or for cost of procurement of substitute goods and services or resulting from any goods or services purchase or obtained or messages received or transactions entered into through the service or resulting from unauthorized access to or alteration of CLIENT's transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangibles, even if Bulk Email Services has been advised of the possibility of such damages.
The CLIENT shall indemnify and hold harmless Bulk Email Services from any and all loss, cost, expense, and damage on account of any and all manner of claims, demands, actions, suits, proceedings, judgments, costs and expenses that may be initiated against Bulk Email Services and Bulk Email Services's officers, directors, and employees for any service provided to CLIENT by Bulk Email Services to include web space content that violates any copyright, proprietary right of any person, country, state and federal regulations, or contains any matter that is libelous or scandalous.
Either CLIENT or Bulk Email Services may terminate the Service with or without cause at any time and effective immediately. Termination shall be accompanied by a written notice (e-mail) to Bulk Email Services. Bulk Email Services shall not be liable to CLIENT or any third party for termination of Service. Should CLIENT object to any terms and conditions of the TOS or any subsequent modifications thereto or become dissatisfied with the Service in any way, CLIENT's only recourse is to immediately:
(1) discontinue use of the Service;
(2) notify Bulk Email Services of termination, upon termination of the Service.
All notices to a party shall be in writing and shall be made either via e-mail or conventional mail. Bulk Email Services may broadcast notices or messages through the Service to inform CLIENT of changes to the TOS at their choosing, but is not required to do so; Bulk Email Services may broadcast changes to the Service, or other matters of importance; such broadcasts shall constitute notice to CLIENT.
CUSTOMER understands and waives all rights to credit card charge backs or any other payment charge back in order to use the service. If CUSTOMER does do a charge back on any method of payment, Bulk Email Services will turn this matter over to our legal department for full litigation. Any credit card fraud is turned over to the California State police and federal authorities for full investigation and prosecution; NO EXCEPTIONS. It is the CUSTOMER's full responsibility to keep a valid method of payment on the CUSTOMER's account at all times. If in the event a credit card comes back declined or NSF, Bulk Email Services will charge a $35.00 NSF fee or declination fee, without notice. The CUSTOMER account will be suspended without notice, until all fees are paid in full.
All Hosting services will be billed one (1) month in advance. The CUSTOMER will continue to be billed 1 month in advance up until the CUSTOMER cancels their hosting account by notifying firstname.lastname@example.org and receive a cancellation code from Bulk Email Services. The CUSTOMER is liable for all services rendered and billed up until the time that the account is cancelled. Hosting charges are not pro-rated when an account is cancelled. As long as the cancellation is completed prior to the first day of the next month cycle, the CUSTOMER will not be billed. We will send you a reminder to pay thru email or phone call.
Do to the nature of this business we DO NOT OFFER REFUNDS. We will however, get you going in the right direction if need be. We are here to help you.
-- CLIENT is solely responsible for the web site content hosting through the Service. CLIENT's use of the Service is subject to all applicable local, state, country, and international laws and regulations.