Terms of service
AGREEMENT
This Agreement sets forth the Standard Terms and
Conditions that apply to the use of the Earth Friendly Internet
Services. YOUR USE OF THE Earth Friendly Internet
SERVICES INDICATES YOUR AGREEMENT TO BE BOUND BY
THESE TERMS OF SERVICE. You agree to
familiarize yourself with the Terms of Service, and
abide by them if you choose to use the services to
which such terms apply.
USER CONDUCT
You agree to abide by all applicable local, state,
national and international laws and regulations
regarding your use of our service.
USER ELIGIBILITY
You represent and warrant that you are the person
legally responsible for all use of this account, and
are at least 18 years of age. If you are under 18
years of age, you must have parental consent in
order to participate, and the account must be opened
and maintained by a parent or legal guardian, in
their name. You agree to provide Earth Friendly Internet
with your full legal 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
you understand and agree that we have an obligation
to fully investigate any possible fraudulent credit
card use.
CONTENTS OF MESSAGES
You are responsible for the contents of your
messages and your website and the consequences
thereof. You agree not to do anything that would
restrict or inhibit any other user from using and
enjoying the Internet. You further agree not to use Earth Friendly Internet
to send any messages or material that are unlawful,
harassing, libelous, abusive, threatening, harmful,
vulgar, obscene or may otherwise constitute a
criminal offense, give rise to civil liability or
otherwise objectionable material of any kind or
nature or that encourages conduct that could
constitute a criminal offense, give rise to civil
liability or otherwise violate any applicable local,
state, national or international law, regulation or
court order. Earth Friendly Internet reserves the
right to terminate your account without prior notice
if Earth Friendly Internet becomes aware of and
determines, in its sole discretion, that you are
violating any of the foregoing guidelines
UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Earth Friendly Internet
Service you warrant to Earth Friendly Internet that
you will not use the Earth Friendly Internet Service
for any unlawful purpose.
TERMS OF PAYMENT
All payments are due and payable by the first of the month.
You agree to pay Earth Friendly Internet appropriate payment for the services received from Earth Friendly Internet, in advance of the time period during which such services are provided. You agree to provide Earth Friendly Internet with current billing and contact information and authorize Earth Friendly Internet to bill all account and related charges to the credit card on file. You further agree that until and unless you notify Earth Friendly Internet of your desire to cancel any or all services received, and you complete the cancellation process, those services will be billed on a recurring basis. In order for the account to be cancelled, it must be paid in full at the time of cancellation. You agree that prepayments will be billed and charged automatically, that Earth Friendly Internet may apply the amount due to the provided card at any time, and will issue absolutely no refunds.
If your credit card is denied for any reason on the first attempt, we will automatically attempt to resubmit your card on on or around the 7th, 14th, 25th and last day of the month. A credit card resubmission fee of $10.00 will be charged against the account for every time we attempt resubmission. Should the card be denied again, we may terminate the account, and the resubmission fees (up to $50.00 per month) will need to be paid before the account can be reactivated. All files within the account may be deleted on termination. You may notify us in advance of your next billing cycle your desire to provide for alternative payment arrangements.
If paying by check and payment is late, an administrative fee of $10 per instance will be applied on the 7th, 14th, 25th and the last day of the month after the payment falls due. There is a $25 fee for a dishonored check. Should payment continue to be late, ThinkHost may choose to terminate the account at any time and all accumulated fees will need to be paid before the account can be reactivated again.
Earth Friendly Internet reserves the right to change prices at any time.
Each account has resource quotas; it is the account owners responsibility to monitor usage. Any quota excess is payable by the account owner
USER RESPONSIBILITIES
You agree not to
interfere with the operation of the system. 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 adhere to system policies as
published by Earth Friendly Internet, including
restrictions on services available with each service
type, restrictions on certain features, and all
other policies. You agree to abide by any and all
future Earth Friendly Internet policy decisions.
Failure to observe these policies may include
suspension or termination of your account without
notice.
ZERO TOLERANCE SPAM POLICY
Earth Friendly Internet takes a zero tolerance
stance against sending of unsolicited e-mail,
commonly known as spam. Any user who sends out spam
will have their account terminated without notice,
and will be billed at a rate of $10 for each
recipient to whom the message was sent, regardless
of whether the messages were sent from our server,
or from another server advertising a site hosted on
our servers. All commercial mailings must also
comply with the CAN-SPAM act and any other
applicable federal, state or local laws. Earth Friendly Internet
reserves the right to require changes or disable as
necessary account or other
component that does not comply with this policy, at
its sole discretion. Earth Friendly Internet also
reserves the right to make any such modifications in
an emergency at our sole discretion.
MONITORING OF
SERVICE
You agree that Earth Friendly Internet 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. Earth Friendly Internet
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. Earth Friendly Internet
also reserves the right to refuse refunds in cases
where Earth Friendly Internet believes abuse has
taken place. Earth Friendly Internet
reserves the right to monitor any and all
communications through or with our facilities. You
agree that Earth Friendly Internet is not considered
a "secure communications medium" for the
purposes of the ECPA, and that no expectation of
privacy is afforded.
REFUND POLICY
All payments are non-refundable.
TERMINATION
Earth Friendly Internet may terminate this
agreement and your access to any or all Earth Friendly Internet
related services at any time, with or without cause,
effective immediately. Earth Friendly Internet 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. Anyone determined by Earth Friendly Internet
to have violated these Terms of Service may be
barred from receiving any services from Earth Friendly Internet
Any outstanding amount due on the account will still
be payable.
You may terminate this Agreement at any time by
e-mailing the support department at Earth Friendly Internet,
who will then provide you with a form that must be
completed and returned before your account can be
cancelled. No refund shall be issued. Earth Friendly Internet
must receive all completed and correct termination
requests by midnight on the end of the previous
month in order to avoid paying for the next month's
service and account to be cancelled must be paid in
full at the time of cancellation.
RELATIONSHIP OF THE PARTIES
Nothing contained in this Agreement shall be
construed as creating any agency, legal
representative, partnership, or other form of joint
enterprise between the parties. Neither party shall
have authority to contract for or bind the other in
any manner whatsoever.
DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
THE Earth Friendly Internet SERVICE PROVIDED IS
PROVIDED ON AN "AS IS", "AS
AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Earth Friendly Internet
EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY
THAT THE Earth Friendly Internet SERVICE WILL BE
ERROR-FREE, TIMELY, SECURE OR UNINTERRUPTED. NO ORAL
ADVICE OR WRITTEN INFORMATION GIVEN BY Earth Friendly Internet,
ITS EMPLOYEES, LICENSORS OR AGENTS WILL CREATE A
WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION
OR ADVICE.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL Earth Friendly Internet,
OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO
USE THE Earth Friendly Internet SERVICE, INCLUDING
BUT NOT LIMITED TO RELIANCE ON ANY INFORMATION
OBTAINED ON THE Earth Friendly Internet SERVICE; OR
THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS,
DELETION OF FILES OR E-MAIL, LOSS OF OR DAMAGE TO
DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION,
OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE,
WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION
FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS
TO Earth Friendly Internet RECORDS, PROGRAMS OR
SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION
WILL APPLY WHETHER OR NOT Earth Friendly Internet IS
GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND
THAT THIS PROVISION WILL APPLY TO ALL SERVICES
AVAILABLE FROM Earth Friendly Internet AND ITS
AFFILIATES.
UNDER NO CIRCUMSTANCES, UNDER THE TERMS OF THIS
AGREEMENT, SHALL DAMAGES INCLUDE LOSS OF BUSINESS,
OR LOSS OF PROFITS WHETHER BASED ON BREACH OF
AGREEMENT, BREACH OF WARRANTY, TORT, PRODUCT
LIABILITY OR OTHERWISE.
THE TERMS OF THIS SECTION SHALL SURVIVE THE
TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON.
COPYRIGHT AND TRADEMARKS
All contents of the Earth Friendly Internet
Website are proprietary to Earth Friendly Internet,
and/or its suppliers and are protected under
Copyright. All rights are reserved. Earth Friendly Internet
reserves any rights not expressly granted herein.
FORCE MAJEURE
If by reason of failures of telecommunications
or internet service providers, labor disputes,
riots, inability to obtain labor or materials,
earthquake, fire or other action of the elements,
accidents, governmental restrictions or other causes
beyond the control of Earth Friendly Internet, Earth Friendly Internet
is unable to perform in whole or in part its
obligations as set forth in this Agreement, then Earth Friendly Internet
shall be relieved of those obligations to the extent
it is so unable to perform and such inability to
perform shall not make Earth Friendly Internet
liable to the User.
GOVERNING LAW
Oregon law shall govern this Agreement, and any
dispute arising from the relationship between the
parties to this Agreement, excluding any laws that
direct the application of another jurisdiction's
laws. In any litigation, arbitration, or other
proceeding by which one party either seeks to
enforce its rights under this Agreement (whether in
contract, tort, or both) or seeks a declaration of
any rights or obligations under this Agreement, the
prevailing party shall be awarded its reasonable
attorney fees, and cost and expenses incurred,
subject to the Limitation of Liabilities clause. The
parties consent to the exclusive jurisdiction and
venue of the courts of the State of Oregon or to any
Federal Court located within the State of Oregon.
ARBITRATION
Any legal controversy or legal claim arising out of
or relating to this Agreement or our services shall
be settled by binding arbitration before the
American Arbitration Association. Any such
controversy or claim shall be arbitrated on an
individual basis, and shall not be consolidated in
any arbitration with any claim or controversy of any
other party. The arbitration shall be conducted in Oregon, as the parties to this agreement agree to be
governed by the laws of Oregon. Either party may
seek any interim or preliminary relief from a court
of competent jurisdiction in Oregon necessary to
protect the rights or property of party pending the
completion of arbitration. The prevailing party from
arbitration shall be entitled to reasonable
attorney's fees, which shall be set forth by the
arbitrator(s). Judgment upon the award rendered may
be entered in any court in the state of Oregon with
jurisdiction. The decision of the arbitrator shall
be final and binding on the parties. The parties
shall bear equally all fees, costs and expenses of
the arbitration, and each party shall bear its own
legal expenses, attorneys fees, and costs of all
experts and witnesses, provided, however, the
arbitration panel may apportion between the parties,
as said arbitrator may deem equitable, the cost
incurred by either party.
Should either party file an action contrary to this
provision, the other party may recover attorneys'
fees and costs up to one thousand ($1000) dollars.
SEVERABILITY
If any provisions of this Agreement shall be held to
be invalid or unenforceable for any reason, the
remaining provisions shall continue to be valid and
enforceable. If a court finds that any provision of
this Agreement is invalid or unenforceable, but that
by limiting such provision it would become valid or
enforceable, then such provision will be deemed to
be written, construed, and enforced as so limited.
SURVIVABILITY
The terms of this Agreement apply to those
obligations that survive any cancellation,
termination, or rescission, namely - warranty,
indemnification, liability and limits thereon,
rights and obligations upon and following
termination and assignment.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless
Earth Friendly Internet against any and all claims,
losses, penalties, causes of action, damages,
liability, costs, expenses (including but not
limited to reasonable attorneys' fees) or claims
caused by or resulting indirectly from your use of
the service, without limitation or exception,
including your violation of any third-party's
rights, (including, without limitation, infringement
of any copyright trademark, service mark, trade
secrets, right of privacy or publicity or any other
third party right). The terms of this section shall
survive the termination of your relationship with Earth Friendly Internet.
REMEDY
You agree that your sole and exclusive remedy to
any issues relating to the Earth Friendly Internet
Service is to discontinue using the Service.
ASSIGNMENT
In the event of a merger or consolidation of Earth Friendly Internet,
the surviving or new corporation and any
subsidiaries are similarly subject to the rights and
obligations of this Agreement.
ENTIRE AGREEMENT
Unless otherwise specified herein, this
Agreement constitutes the complete and exclusive
statement of the Agreement between the parties
regarding the products and services provided
hereunder, and supercedes any prior Agreements
between the parties with respect thereto.
WAIVER
The failure of Earth Friendly Internet to
enforce a provision of this Agreement shall not be
construed as a waiver or limitation of Earth Friendly Internet's
right to subsequently enforce and compel strict
compliance with every provision of this Agreement.
MODIFICATION OF TERMS
Earth Friendly Internet reserves the right to
modify this policy at any time and without advance
notice, effective upon making the modified
provisions available on the Earth Friendly Internet
Website. You are responsible for regularly reviewing
these documents. Continued use of the Earth Friendly Internet
Services after any such changes shall constitute
your consent to such changes. Earth Friendly Internet
does not and will not assume any obligation to
notify you of any changes to the Terms of Service.
