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Terms
and Conditions of Use
SiteChatter
provides chat capabilities for its customers via
a web application. SiteChatter has certain legal
and ethical responsibilities consisting with the
use of its servers and equipment involved in these
services.
SiteChatter
general policy is to act as a provider of Internet
presence. SiteChatter reserves the right to suspend
or cancel a customer's access to any or all services
provided by SiteChatter when we decide that the
account has been inappropriately used.
Server
Abuse
Any
attempt to undermine or cause harm to a server,
or customer, of SiteChatter is strictly prohibited.
Unauthorized
use of other people's accounts or computers SiteChatter
will strongly react to any use or attempted use
of an Internet account or computer without the
owner's authorization. Such attempts include "Internet
scamming" (tricking other people into releasing
their passwords), password robbery, security hole
scanning etc.
Any
unauthorized use of accounts or computers by a
SiteChatter customer, whether or not the attacked
account or computer belongs to SiteChatter, will
result in action against the attacker. Possible
actions include warnings, account suspension or
cancellation, and civil or criminal legal action,
depending on the seriousness of the attack.
IMPORTANT
NOTE - SiteChatter has the right to discontinue
service, or deny access to anyone who violates
our Policies or the terms and conditions shown
below WITHOUT WARNING OR PRIOR NOTICE. No refunds
of fees paid will be made if account termination
is due to violation of the terms outlined below.
Customers
may not run IRC, bots or clients on shared servers.
Unacceptable uses also include, but are NOT limited
to: Bulk emailing, unsolicited emailings, newsgroup
spamming, illegal content, copyright infringement,
trademark infringement, warez, cracks, software
serial numbers, and/or anything else determined
by SiteChatter to be unacceptable use of SiteChatter's
services including abuse of server resources.
Abuse of Unlimited Traffic
SiteChatter's
customers are privileged to be offered unlimited
chat - traffic for their web sites.
To
maintain the integrity of our chat application
service the following limitations apply:
One
SiteChatter account must be opened per web site.
Accounts that use the chat application on more
than one site will be monitored. If the traffic
created is determined unreasonable by SiteChatter
the owner will be asked to either remove the chat
application from the additional sites or open
additional SiteChatter accounts. Any account with
traffic that generates an unreasonable high hit
count will be monitored and may be charged additional
fees. These fees will be at the sole discretion
of SiteChatter, but will not be without agreement
from the customer.
SiteChatter
will be the sole arbiter as to what constitutes
a violation of this provision.
Unsolicited
Email (Spam)
Unsolicited
commercial advertisements (spam) are not allowed
in e-mail, and will likely result in account cancellation.
SiteChatter
takes a zero-tolerance approach to spam originating
from our servers or for spam advertising of domains
hosted on our servers.
The
following activities are not allowed:
· Unsolicited bulk or commercial messages
("spam"). This includes, but is not
limited to, bulk mailing of commercial advertising,
informational announcements, charity requests,
petitions for signatures, and political or religious
tracts. Such messages may only be sent to those
who have explicitly requested it from your domain.
· Forging, altering or removing electronic
mail headers is prohibited. Any domain sending
stealth spam will be terminated without warning
and without refund.
· Sending numerous copies of the same or
substantially similar message with the intent
to disrupt a server or account ("mail bombing").
· Spamming Newsgroups: Commercial advertisements
are unwelcome in most Usenet discussion groups
and on most e-mail mailing lists. Inappropriate
posting may result in account cancellation. See
the newsgroup or mailing list's charter for whether
advertising is allowed or not. "Spamming,"
or sending a message to many different off-topic
newsgroups, is particularly unethical and will
be treated as such.
· Mail may not be used to harass or intimidate
others. Harassment, whether through language,
frequency of messages, or size of messages, is
prohibited. Sending a single unwelcome message
may be considered harassment. If a recipient asks
to stop receiving e-mail, you must not send that
person any further messages.
Note:
If you use the services of another provider to
promote a web site hosted by or through SiteChatter
(spamvertising), then the provisions of the above
Policy shall apply as if the spam were sent through
our servers.
Disk
Overages
All
SiteChatter accounts come with metered disk space
for the chat script database. Should you use more
than your alloted disk space you will be charged
$.25 per megabyte per month.
Payment
Policies
All
accounts are set up on a pre-pay basis. Setup
fees are charged for all new accounts and major
account changes and are non-refundable. All pricing
is guaranteed for the term of pre-payment. SiteChatter
reserves the right to change prices at any time,
unless other terms have been agreed upon. Any
account not brought current within a week (7 days)
of e-mail notice or exceeding this time frame
in any way is subject to suspension. The customer
is responsible for all money owed on the account
from the time it was established to the time that
the customer notifies SiteChatter at www.sitechatter.com
to request for termination of services. All payment
is in U.S. currency. SiteChatter will bill each
client $50.00 per returned check, per wire transfer
received and per credit card chargeback received.
All SiteChatter accounts are setup on anniversary
billing cycles. Your particular billing cycle
corresponds to the contract length that was initially
chosen at setup. Your account will automatically
renew at this length. There is no fee to change
to a shorter billing cycle at the end of the current
cycle. However, if you wish to change to a shorter
billing cycle, during a current cycle, there will
be a $50.00 fee. Please contact the billing department
at support @sitechatter.com should you wish to
change your anniversay billing cycle. Any account
that is not brought current prior to deactivation
will be charged a $25.00 reactivation fee as well
as a $15.00 late charge, per SiteChatter application
deactivated. In addition, if your credit card
declines for any reason SiteChatter will charge
your account an additional $3.00 service charge
every time your card is declined.
Cancellation
SiteChatter
reserves the right to cancel service at any time.
All fees paid in advance of cancellation will
be pro-rated and paid by SiteChatter if SiteChatter
institutes it's right of cancellation. Any violation
of policies which results in extra costs will
be billed to the customer (i.e. transfer, space
etc.)
Intellectual
Property Rights
Material
accessible to you through SiteChatter's services
may be subject to protection under the United
States or other copyright laws, or laws protecting
trademarks, trade secrets or proprietary information.
Except when expressly permitted by the owner of
such rights, you must not use SiteChatter or its
servers and network in a manner that would infringe,
violate, dilute or misappropriate any such rights,
with respect to any material, which you access
or receive through the SiteChatter network. If
you use a domain name in connection with SiteChatter
or similar service, you must not use that domain
name in violation of any trademark, service mark,
or similar rights of any third party.
Network
Security
Customers
may not use the SiteChatter network with an attempt
to circumvent user authentication or security
of any host, network, or account. This includes,
but is not limited to, accessing data not intended
for the customer, logging into a server or account
the customer is not expressly authorized to access,
password cracking, probing the security of other
networks in search of weakness, or violation of
any other organization's security policy. Customers
may not attempt to interfere or deny service to
any user, host, or network. This includes, but
is not limited to, flooding, mail bombing, or
other deliberate attempts to overload or crash
a host or network. SiteChatter will cooperate
fully with investigations of violations of systems
or network security at other sites, including
cooperating with law enforcement authorities in
the investigation of suspected criminal violations.
Users who violate system or network security may
incur criminal or civil liability.
IP Address Ownership
SiteChatter
shall maintain and control ownership of all IP
numbers and addresses that may be assigned to
you by SiteChatter and SiteChatter reserves, in
its sole discretion, the right to change or remove
any and all such IP numbers and addresses.
Lawful
Purpose
SiteChatter
reserves the right to refuse service to anyone.
Customers may only use SiteChatter server for
lawful purpose. Transmission of any material in
violation of any Federal, State or Local regulation
is prohibited. This includes, but is not limited
to copyrighted material, material legally judged
to be threatening or obscene, and material protected
by trade secrets. The designation of any materials
as such described above is left entirely to the
discretion of SiteChatter management. Regardless
of the place of signing this agreement, the client
agrees that for purposes of venue this contract
was entered into in Lake Forest, California, and
any dispute will be litigated or arbitrated in
Lake Forest, California. Defendants further waive
all objections to venue and acknowledge that venue
in any such litigation will be held in Orange
County courts. IN NO EVENT SHALL SITECHATTER'S
MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00)
DOLLARS.
Indemnification
CUSTOMER
AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND
HOLD SITECHATTER HARMLESS FROM ANY AND ALL DEMANDS,
LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING
REASONABLE ATTORNEY'S FEES ASSERTED AGAINST SITECHATTER,
ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLO
YEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE
PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED
OR ANY PRODUCT SOLD BY CUSTOMER, IT'S AGENTS,
EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND,
INDEMNIFY AND HOLD HARMLESS SITECHATTER AGAINST
LIABILITIES ARISING OUT OF; (1) ANY INJURY TO
PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD
OR OTHERWISE DISTRIBUTED IN CONNECTION WITH SITECHATTER'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 SITECHATTER'S SERVER.
Disclaimer
SITECHATTER
WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS
MAY SUFFER. SITECHATTER MAKES NO WARRANTIES OF
ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE
PROVIDE. SITECHATTER DISCLAIMS ANY WARRANTY OR
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS,
NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL
SERVICE INTERRUPTIONS CAUSED BY SITECHATTER AND
ITS EMPLOYEES. SITECHATTER RESERVES THE RIGHT
TO REVISE ITS POLICIES AT ANY TIME. FAILURE TO
FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR
IMMEDIATE ACCOUNT DEACTIVATION.
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