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Signing up for On Time Media, LLC web hosting service
indicates that you have read and accept the following terms:
The Service:
On Time Media, LLC will provide you with web space and e-mail account
space on one of our servers.
Use Of The Service:
You may use the service for lawful purposes only. You may not violate any state
federal or local law. On Time Media, LLC may also place other restrictions on the use
of the service for example you are forbidden from sending unwanted email (SPAM).
You may not use the service for adult oriented web sites or for any web sites, email, video, or
other web media that contains nudity in any form, or in any way that could not be
considered suitable for all ages.
You may not use the service in any way that will cause an interruption of
services to other users of our network or networks that are reachable by
our network.
You must keep a working backup copy of everything you have on the server.
On Time Media, LLC may not be able to restore lost data from our backup system
and is NOT reasonable for any lost data.
Availability of the service:
On Time Media, LLC has taken every step possible to
make sure that your website stays online 24 hours a day 7 days a week and is reachable
by everyone that has an Internet connection. Due to the complexly of the global
Internet from time to time some of your services may not be reachable. Each and every
day we work in improve your service and our uptime is 900% better than it was just 3
years ago. The availability of your service, on average, will be greater that it will
be with many other hosting firms that charge vastly more that we do for the same or
lesser service plans.
Refunds:
On Time Media, LLC does not issue refunds or prorate any fees, EXCEPT for
the refund of fees for virtual hosting accounts providing the request
is made before the 30th day past the initial date of service.
Termination:
You may cancel your account at any time with 14 days notice. We may cancel
your account if you fail to comply with all the terms of this agreement,
terms posted on our web site or other terms that have been set to you via
e-mail. We may also cancel your account by giving you 1 day notice.
Payment:
Your credit card will be automatically charged for your hosting fees based on your
hosting plan. If you credit card is rejected for any reason we will contact you.
You will have 5 days to update your information.
If you paid by check you will be sent a notice via e-mail and will be expected
to pay upon receipt. If you fail to pay your invoice your site may be terminated.
If your site is turned off for nonpayment more than once in a 12 month period you
will be charged a $25.00 reactivating fee.
A credit limit of $100.00 is assigned to all accounts, once the credit limit
is reached you will be requested to bring your account below the limit. If
you wish to have a higher credit limit you can apply for one, we will assign
high credit limits to US Citizens on approved credit..
You are hereby notified that if fail to live up to your obligations under this
agreement we may turn your account over to a collection agency and a negative
report may be sent to a credit reporting agency.
Disclaimed Warranties:
You acknowledge and agree that On Time Media, LLC exercises no control over, and accepts
no responsibility for, the content of the information passing through On Time Media, LLCs
host computers, network hubs and points of presence, or the Internet. ALL SERVICES
PERFORMED HEREUNDER ARE PERFORMED "AS IS" AND WITHOUT WARRANTY AGAINST FAILURE OF
PERFORMANCE INCLUDING, WITHOUT LIMITATION, ANY FAILURE DUE TO COMPUTER HARDWARE
OR COMMUNICATION SYSTEMS. On Time Media, LLC DOES NOT MAKE AND HEREBY DISCLAIMS, AND
YOU HEREBY WAIVE ALL RELIANCE ON, ANY REPRESENTATIONS OR WARRANTIES, ARISING BY
LAW OR OTHERWISE, REGARDING THE SERVICES, INCLUDING WITHOUT LIMITATION IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT,
OR ARISING FORM COURSE OR DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE.
Limitation and Exclusion of Liability:
Limitations. IN NO EVENT SHALL On Time Media, LLC HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS
TO, OR ALTERATION, THEFT OR DESTRUCTION OF INFORMATION DISTRIBUTED OR MADE AVAILABLE FOR
DISTRIBUTION VIA THE SERVICES THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. IIC
INTERNET SHALL NOT HAVE LIABILITY WITH RESPECT TO On Time Media, LLC'S OBLIGATION UNDER
THIS AGREEMENT, THE ADDENDUM OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL,
INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF On Time Media, LLC HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE FOREGOING LIMITATION OR EXCLUSIONS MAY NOT
APPLY TO YOU. IN THE EVENT, THE LIABILITY OF IICINTERNET TO YOU FOR ANY REASON AND
UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO IICINTERNET
BY YOU UNDER THIS AGREEMENT AND THE ADDENDUM DURING THE THREE MONTHS IMMEDIATELY
PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL
CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION TO BREACH OF
CONTRACT BREACH OF WARRANTY NEGLIGENCE STRICT LIABILITY MISREPRESENTATIONS AND
OTHER TORTS. THE FEES FOR THE SERVICES SET BY IICINTERNET HEREUNDER HAVE BEEN
AND WILL CONTINUE TO BE BASED UPON THE ALLOCATION OF RISK. ACCORDINGLY, YOU
HEREBY RELEASE IICINTERNET AND ITS PROVIDES FOR ANY AND ALL OBLIGATION,
LIABILITIES, AND CLAIM IN EXCESS OF THE LIMITATION STATED IN THIS SECTION.
Litigation:
This contract is written under the laws of the State Of Kentucky, any litigation
arising form the service or this agreement will take place in Florence, Kentucky USA.
If any part of the agreement or other terms are ruled unenforceable the remaining
parts of the agreement remain in effect.
END OF AGREEMENT
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