.:SBITS.Biz - TOS - Small Businsess IT Support

IT Support T.O.S. (Terms of Service)

Payments
a) All payments are expected to be collected upon you receiving of bill Upon completing the repairs the technicians will explain to the customer what has been done and demonstrate that the problem described by the customer prior to the start of the repairs has been fixed. The technician will calculate the total amount due based on the hourly fee or a fixed repair rate (if applicable).
b) Credit card, Cash and Personal Checks in United states, are accepted as forms of payments. (Bill will be in United States Dollars always)
c) If the computer cannot be repaired onsite and requires that the technician make a follow up visit or take the computer with him/her the customer is expected to make the payment for the initial support visit as calculated by the technician.
d) If a technician discovers an un-foreseen computer problem which requires additional cost to fix and the customer declines the repairs, the payment for the support call is expected as calculated by the technician using the hourly fee rate or the fixed price (if applicable).
e) There will be a $35 fee for any returned check.

Repair Warranties
a) There are no warranties for computer repair that involve software issues, virus problems and spyware problems. Upon the completion of the repair the technician will demonstrate to the customer that the problem has been fixed at which time a repair summary form will be signed by the computer owner acknowledging that the problem has been fixed. Any subsequent calls regarding software, virus, and/or spyware related problems will be charged as a new support call.
b) Repair work involving hardware carries a warranty from the individual hardware components from the manufacturer and will be replaced or fixed by SBITS.Biz should they fail to operate properly.
c) Server/Networking installations and upgrades come with a 14 day warranty during which SBITS.Biz will first to troubleshoot the problem by phone or remotely with a customer. If the problem cannot be fixed remotely, a SBITS.Biz will make a support call free of charge and deal with the problem accordingly.
d) In the event that our technician is not able to determine what the problem is during the visit there will be no fees associated with the support call. This provision does not include the instances where the technician knows what the problem is but cannot repair it onsite during the initial support call and requires a follow up visit or that the server/pc be taken to the SBITS.Biz shop.

Scope of Support
a) In the event that a technician makes a support call but the problem cannot be resolved because the issue is outside the scope of our support and needs to be handled by the computer manufacturer, an outside vendor, or another provider a support call fee is still required. The technician will attempt to contact the company/vendor/person who will handle and/or escalate the issue. This provision includes but is not limited to (i) dealing with Internet Connection problems where it is determined that the cause of the problem is not the computer but a networking component supported by the internet service provider, (ii) licensed software or hardware issues that must be handled by the computer or product manufacturer if the product is under warranty, (iii) any other 3rd party specialized software/hardware not listed above.

Limitation On Liability
IN NO EVENT SHALL SBITS.Biz AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHER SIMILAR DAMAGES OR ANY DAMAGES RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF MATERIALS AVAILABLE FROM THE SITE, EVEN IF THE POSSIBILITY OF SUCH DAMAGES COULD HAVE BEEN FORESEEN BY SBITS.Biz.

Backing up Data
BACKUP YOUR SOFTWARE AND DATA: IT IS YOUR RESPONSIBILITY TO BACK UP ALL SOFTWARE AND DATA THAT IS STORED ON YOUR COMPUTER'S HARD DISK DRIVE(S) AND/OR ON ANY OTHER STORAGE DEVICES YOU MAY HAVE PRIOR TO SERVICE PERFORMED ON YOUR HOME OR BUSINESS COMPUTER. SBITS.Biz AND/OR ITS THIRD PARTY SERVICE PROVIDER SHALL NOT BE RESPONSIBLE AT ANY TIME FOR ANY LOSS, ALTERATION OR CORRUPTION OF ANY SOFTWARE, DATA OR FILES. WE ASSUME ALL DATA IS BACKED UP AND EASILY RECOVERABLE BEFORE WE START WORK, NOT DOING SO, PUTS YOU AT RISK.

Overview.
We will submit you a bill for what we believe is Fair for the job done, usually less than the actual hours than we worked on the project. If you have questions on what the bill encompasses please call us and we will be more than happy to explain in detail what was done.

When Reviewing work of other Technicians (Example Reviewing Server in case of Bad Services from another Tech) Minimum is 3 hrs billing It takes approximately 3-4 hrs to write up a detailed report of an improperly installed SBS2003 server.

When Remote assisting setup of SBS2003 SBS2008 EBS2008 Server a Minimum charge of 8hrs required. This usually involves 2hrs of preliminary work and over 6 of phone support and or remote support to properly configure your server. (This is a Hand Held Install, some people just want intro on how to.)

We believe in Honesty, and Integrity in our work, We have a great deal of pride in what we do, if you do not believe these are qualities that you value, please do not hire us, because you will be disappointed with us.

Note: This above policy is subject to change. Please monitor for current Policy - SBITS.Biz.

Website T.O.S.
We at SBITS.Biz are not Responsible for errors or content of this or your website.
You How ever you are responsible for your content and all legal liabilities.

Any Illegal Activity on your Domain. (Or Sub Domains) Your account will be deleted and you will be reported to the appropriate authorities. This includes but is not limited to illegal; Software (WAREZ), MP3, Child Porn, etc.

You are permitted to sell items on your site, and have banners. (Examples: Link Exchange, Amazon.)

How ever you must never sell or offer to sell (link or Forwarding Link) Drug Related, Weapons; guns knifes etc. (Acceptations: Airsoft, paintball, Air Rifles.) WMDs, (Weapons of Mass Destruction.) Porn of any kind, Illegal Software. Personal Services such as Escort. or Any Objectionable material.
(Violating this rule will result in an immediate suspension of account, Without a Refund.)

You are not allowed to make HATE websites, groups like KKK, Aryan Nation, Nazi or have symbols or links to such sites. Witch craft and other Satanic symbols are also NOT permitted. If it is offensive you will be warned and if it is not removed within a reasonable amount of time Your account will be terminated. (Without Refund.)

We Do NOT make backups of your website (Domains or Sub Domains.) In the event of the server going down we will attempt a full restore but there is no guarantee that you will get everything back. We are not responsible for any damages that occur in the event data is lost. If you ask an admin to make changes on your website you also accept the possibility that some or all data may be lost. We suggest that you backup all data Monthly and backup your SQL Databases Weekly...

There is No Refund if you decided to cancel your service, after 30 days of signing up. Due to administration costs, and to keep our costs low, if you decide to cancel your service after your first 30 days of service, there is no refund allowed. (Example, you change Hosting 31 days after your first month, you will not be entitled for a refund.)

WebSpace Terms Of Service:

THIS WEB SITE SPACE LICENSE AGREEMENT is entered into this on this date by and between "COMPANY" and you (for purposes of this agreement, "YOU" and "YOUR" means you and any entity in which you have an ownership interest, or which has as an ownership interest in you. (Collectively referred to herein as the "PARTIES").

You License the Right to a 100+ Megabyte Web Site With Certain Limitations.
COMPANY Retains The Right To Use A Portion of Your Web Site Space, And To Serve The Web Site Space To The Public In Any Manner It Sees Fit.
COMPANY Retains The Rights To Any And All Materials It Places In Its Retained Space. The Original Owner Retains The Rights To Any And All Materials YOU Upload.
COMPANY Makes No Warranties or Promises About The Performance Or Other Characteristics Of The Information, Services, or Products Provided.
COMPANY Will Never Be Liable To You, Even If You Are Harmed By COMPANY's Negligence.
This Agreement Is Based On Various Material Promises And Representations, Including Those Set Forth In Detail In This Paragraph.
1. YOU told the truth when you signed up for web hosting; You Will Keep Us Informed Of Changes To Your Sign up Information
2. YOU will not break the law, including intellectual property law
3. YOU will not upload viruses
4. COMPANY can run ads that are incompatible with your web site
5. YOU will not use your web site in a way that impairs the value of ads or COMPANY's other uses of its retained space
6. YOU will comply with the Accepted Uses
If COMPANY Is Held Liable, Gets Sued, Has To Hire Attorneys, Or Otherwise Incurs Costs As A Result Of Your Actions, You Will Indemnify COMPANY For These Costs.
This Agreement Does Not Create a Joint Venture or Partnership, and COMPANY Retains The Right To Provide Electronic Commerce Services If It Desires.
COMPANY's Services Are Rendered On A Non-exclusive Basis, And COMPANY Can Provide Any Other Services To Any Other Party As It May Desire.
COMPANY Expressly Disclaims Any Editorial Control, But Reserves The Right To Terminate Your Website And/Or This Agreement Should COMPANY Be Made Aware Of Violations Of The Law By You; COMPANY Also Reserves Its Right To Remove Offending Material.
This Agreement May Be Terminated At Any Time; All Rights To The "SBITS.Biz" Name And Sites and or any other root domain name and sites offered by COMPANY Remain With COMPANY
If One Part Of This Agreement Is Unenforceable, Other Portions May Still Be Enforced.
If One Of The Parties Does Not Enforce Its Rights Under This Agreement, That Does Not Mean That Its Rights Under The Agreement Are Waived.
Any Disputes Under This Agreement Will Be Arbitrated Except For Cases Under A Certain Dollar Amount, Which Cases Will Be Tried Without A Jury.
The Agreement Provides For The Giving of Notices In A Specific Manner; COMPANY May Change This Agreement At Any Time By Posting A New Version At A Specified Web Site.
This Agreement May Be Executed In Counterparts.
This Agreement May Not Be Assigned By You, But May Be Freely Assigned By COMPANY.
Any Disputes Are To Be Resolved In Washington County, Oregon, And This Agreement Is Binding On The Parties' successors, Assigns, Etc.
This Agreement Constitutes The Entire Agreement Between The Parties.
This Agreement May Not Be Modified Except In Writing Except That COMPANY May Make Any Modification By Posting On The Web As Set Forth In Paragraph 15.
COMPANY Will Cooperate Fully With Any Investigation By Law Enforcement, Or With Any Investigation Involving A Violation of These Terms And Conditions; Any Information You Put On Our Servers Is Intended For Public Release:
YOU must comply with the law in your display of constitutionally protected materials; YOU may not upload materials that are not constitutionally protected; YOU must not upload materials YOU are not allowed to view or possess
YOU must provide an accurate rating for YOUR site, reflecting the type of content on YOUR site
YOU must be at least 18 years old to sign up for hosting, and you cannot target your web site at users who are under 18 years old.

Agreement:

You License the Right to a 100+ Megabyte Web Site With Certain Limitations. Subject to and conditioned upon COMPANY's retained rights and all other terms and conditions set forth in this AGREEMENT, COMPANY agrees to license to YOU the non-exclusive right to use not more than one hundred (100+) MB (for this agreement, "MB" means megabytes) of storage space for YOUR for the exclusive purpose of serving YOUR website content to the public via COMPANY's equipment for purposes consistent with this AGREEMENT. Even though the aggregate bandwidth YOU may use is limited to 1GB per Month, (Depending on your Plan) YOUR web site must be used primarily for the display of HTML pages, and the total amount of data transferred from your Web Site Space may not exceed one megabyte for every two html page views. All use of Web Site Space shall be subject to all the terms and conditions set forth herein. COMPANY retains the authority to restrict YOUR website as to file types and size, and to restrict transfer rates or amounts. YOU agree that as a condition of this license, YOUR site may not go longer than one seven day period without generating at least one html or php page view. Your site may exceed the foregoing size limit (but not the ratio of data to html transfer) if (i) YOU notify COMPANY that you intend to exceed the size limit; (ii) You regularly update the contents of YOUR site; (iii) YOUR site attracts over 1,000 unique visitors (as measured by unique IP addresses) every four weeks; and (iv) COMPANY, in its sole and unfettered discretion, believes that YOUR site contributes positively to the value of COMPANY and falls within COMPANY's business model. TOP
COMPANY Retains The Right To Use A Portion of Your Web Site Space, And To Serve The Web Site Space To The Public In Any Manner It Sees Fit.
1. While the Company currently does not utilize a portion of Your Web Site Space, should the Company decide, in its business judgment, that retention of a portion of such space is desirable, company may utilize such portion as set forth in these terms. Specifically and without limitation, the license of rights granted herein pursuant to Paragraph 1 is expressly conditioned upon and subject to COMPANY's retention at all times of the unhindered right to control the initial and ending (i.e. top-most and bottom-most) vertical pixels and all corresponding horizontal pixels on each individual page display (Web Page) or frame, or the leftmost pixels on each web page or frame together with all corresponding vertical pixels ("COMPANY's Retained Space"). COMPANY may (but is not required to) utilize COMPANY's Retained Space by electing to utilize html frame sets so as to segregate such space. Such HTML frame sets may result in utilization of additional pixels, which utilization shall be permissible pursuant to this agreement. COMPANY may also, whether in addition to or in the place of its Retained Space, cause the opening of additional Web Page windows displaying advertising or other content, and/or cause full page or partial full page advertising to be displayed, or/or imbed advertising links or other elements within your web pages.
2. COMPANY may, at it's sole, absolute and unfettered discretion alter the amount, utilization, or other aspects of COMPANY's Retained Space. Thus, for example, if COMPANY decided to add advertising to the displayed web pages, this provision permits it to do so.
3. COMPANY may, at it's sole, absolute and unfettered discretion display YOUR web site at any one or more domain names and file paths in addition to the domain name and file path originally chosen by YOU. Said display may be made in conjunction with age verification systems, with paid membership sites, or otherwise. When served from any alternate location, Company may alter the html links contained within YOUR site in any manner it sees fit. Nothing herein shall cause the COMPANY to be obligated to make the web site available in any manner other than that originally chosen by YOU. YOU hereby represent and warrant they YOU hold rights to display the content you have and will upload to YOUR website and you hereby grant COMPANY a license to display said content at alternative locations as described in the preceding portions of this paragraph.
4. This web hosting service is intended only for service of web sites to English speaking web users residing in the United States. While others may access web pages hosted by COMPANY, COMPANY retains the right to treat such requests as traffic errors as described above.
5. IF YOU INTERFERE WITH COMPANY'S RETAINED SPACE (as, for example, by coding your pages so as to avoid or obscure the display of COMPANY'S Retained Space), or if you take steps to prevent COMPANY from detecting traffic errors, server errors, 404 errors, or bandwidth allocation issues, COMPANY may (i) terminate this agreement; and/or (ii) seek monetary or other damages for your breach of this agreement. TOP
COMPANY Retains The Rights To Any And All Materials It Places In Its Retained Space; The Original Owner Retains The Rights To Any And All Materials YOU Upload. The Web Site is comprised of the Retained Use Space (i.e. the space COMPANY uses to display advertising) and the remainder of the web site space (i.e. the space you use). Any and all materials appearing in or otherwise comprising COMPANY's Retained Use Space, including without limitation all intellectual property rights therein, shall remain the sole and exclusive property of COMPANY. Any and all materials uploaded by YOU remain the property of the original owner of such materials. COMPANY does not obtain any ownership interest in such materials, although YOU expressly instruct COMPANY to make such materials available for public viewing on YOUR Web Site until such time that YOU delete such materials from YOUR Web Site or for the life of this agreement, whichever is shorter. Of course, COMPANY's rights to these materials are also not less than those of the general public, so COMPANY may use the materials in the same way that any member of the general public could use them, such as by linking to YOUR web pages or publishing a review of YOUR web pages. TOP
COMPANY Makes No Warranties or Promises About The Performance Or Other Characteristics Of The Information, Services, or Products Provided. No warranty is made by COMPANY regarding any information, services or products provided through or in connection with this AGREEMENT, and COMPANY hereby expressly disclaims any and all warranties, including without limitation: 1) any warranties as to the availability, quality, quantity, or content of services or goods provided to YOU hereunder; and 2) any warranties of merchantability or fitness for a particular purpose. The Parties hereby agree and acknowledge that no representations of any kind have been made to YOU regarding the potential volume of patronage of YOUR web site or any other person's or entity's web site or web page. TOP
COMPANY Will Never Be Liable To You, Even If You Are Harmed By COMPANY's Negligence.
1. COMPANY shall not be liable for any damages resulting from disseminating, failing to disseminate, or incorrectly or inaccurately disseminating any communication, advertisement, or other materials of any kind comprising in whole or in part YOUR use of Web Site Space or COMPANY's Equipment.
2. COMPANY shall in no event be liable to YOU, your customers or any third party for any loss resulting from any negligent or unintentional act of COMPANY, and YOU specifically agree that COMPANY does not owe YOU any duty of care with regard to COMPANY's performance of its obligations under this agreement. Without limiting, and in addition to the foregoing, COMPANY shall not be liable for any losses resulting from a failure of computer equipment, or in the event that COMPANY intentionally takes down some or all of its computer equipment or network, whether for maintenance or otherwise. It is YOUR duty to maintain primary storage of YOUR website content on YOUR premises, and COMPANY will have no liability for the accidental or intentional destruction of any data stored on COMPANY's equipment, regardless of the cause. TOP
This Agreement Is Based On Various Material Promises And Representations, Including Those Set Forth In Detail In This Paragraph.
1. YOU told the truth when YOU signed up for web hosting; You Will Keep Us Informed Of Changes To Your Sign up Information: When you signed up to host your web site with us, you provided us with certain information (i.e. e-mail address, phone number, etc.). All of this information must be true and accurate. If it changes, you must immediately notify us of the change. The provision of current, accurate, and complete information is a material term of this Agreement.
2. YOU will not break the law, including intellectual property law: YOU agree and warrant that all of YOUR use of Web Site Space and/or COMPANY's Equipment shall at all times comply with all laws, including, but limited to 1GB per Month to, all federal, state and local laws throughout the United States of America. YOU affirmatively represent , agree and warrant that you have and at all times shall have all necessary intellectual property rights, including, but limited to 1GB per Month to, all copyrights, trademark and service mark rights and rights of publicity, both in the United States and throughout the world, to reproduce and disseminate, via the World Wide Web, all materials of every kind which YOU store in Web Site Space. YOU agree that all of YOUR rights under this contract shall terminate in the event that YOU do break the law. Furthermore, COMPANY expressly refuses to enter into this agreement with YOU if YOUR rights under a prior contract with COMPANY were terminated because YOU broke the law (i.e. we do not allow repeat lawbreakers, copyright infringers, etc. onto our system).
3. YOU will not upload viruses: YOU agree and warrant that any and all material(s) of every kind which YOU store in Web Site Space or transmit using COMPANY's Equipment shall at all times be free from any and all damaging software defects, including, but limited to 1GB per Month to, software "viruses" and other source code anomalies, which may cause software or hardware disruption or failure, significantly reduced computer operating speed, or compromise any security system.
4. COMPANY can run ads that are incompatible with your web site: YOU hereby acknowledge that COMPANY may use any and all portions of COMPANY Retained Space for advertising which may be incompatible with YOUR use of Web Site Space.
5. YOU will not use your web site in a way that impairs the value of ads or COMPANY's other uses of its retained space: YOU agree and warrant not to use or allow the use of Web Site Space by others under YOUR direct or indirect control which is in direct or indirect conflict with COMPANY's use of COMPANY's Retained Space, including, but limited to 1GB per Month to, any use which would diminish the value of any advertisement appearing therein or otherwise diminish the value of COMPANY's or COMPANY's agent's use of COMPANY's Retained Space, or which would cause consumer confusion, constitute copyright, trademark or trade dress infringement, trademark dilution, trade libel, defamation, interference with contract, unfair competition, misappropriation or breach of confidence.
6. YOU will comply with the Accepted Uses: YOU shall at all times comply with the Accepted Uses and Policy as set forth at http://SBITS.Biz/policy.html. Failure to comply shall be grounds for immediate termination. TOP
If COMPANY Is Held Liable, Gets Sued, Has To Hire Attorneys, Or Otherwise Incurs Costs As A Result Of Your Actions, You Will Indemnify COMPANY For These Costs. YOU agree that you shall fully indemnify COMPANY, including its officers, directors, owners, managing agents, attorneys, shareholders, related entities, heirs, and assigns, from any and all claims, demands, actions, suits, losses, liabilities, damages, injuries, fines, penalties, costs and expenses, attorney's fees, and all other consequences of every kind, directly or indirectly resulting from any and all failure(s) of YOU or YOUR agent(s) to fully comply with all duties, obligations and other provisions set forth in this AGREEMENT, including, but limited to 1GB per Month to, YOUR warranties set forth in paragraph 7. YOU further agree to indemnify and hold harmless COMPANY, including its officers, directors, owners, managing agents, attorneys, shareholders, related entities, heirs, and assigns, from and against any and all claims, demands, actions, suits, losses, liabilities, damages, injuries, fines, penalties, costs and expenses, including, without limitation, reasonable attorneys' fees, arising out of any property damage or recoverable economic loss incurred by a third party, to the extent such damage or loss is caused by any act or omission of YOU in connection with the performance of this AGREEMENT. In the event that COMPANY reasonably believes that such an indemnity may become required, COMPANY may suspend YOUR web site until YOU provide COMPANY with proof of financial ability to provide this indemnity. For the purposes of this paragraph, COMPANY includes myclanpage.com as well as all wholly or partially owned subsidiaries, sister, or parent companies. TOP
This Agreement Does Not Create a Joint Venture or Partnership, and COMPANY Retains The Right To Provide Electronic Commerce Services If It Desires. Nothing in this AGREEMENT is intended by the Parties to create or constitute a joint or collaborative venture or partnership of any kind between COMPANY and YOU, nor shall anything in this AGREEMENT be construed as constituting or creating any such joint or collaborative venture or partnership between COMPANY and YOU. COMPANY shall have no control nor ownership interests of any kind in YOUR business. COMPANY shall have no direct financial or other interest in, nor in any way "own" any online "store" or other online venture pertaining YOUR use of Web Site Space or COMPANY's Equipment. COMPANY's relationship to YOU shall be restricted to matters pertaining to the licensing of the use of Web Site Space exclusively. Notwithstanding the above, COMPANY may, in its sole discretion, provide electronic commerce services to YOU for use in conjunction with YOUR website. In the event that COMPANY so elects, and you decide to utilize such services, YOU acknowledge and agree that YOU owe to COMPANY a fiduciary duty to provide COMPANY with accurate and timely accountings of the amounts of YOUR sales. YOU further agree that in the event of any dispute regarding this AGREEMENT, YOU shall not contest the issue of your fiduciary duty owed to COMPANY hereunder. TOP
COMPANY's Services Are Rendered On A Non-exclusive Basis, And COMPANY Can Provide Any Other Services To Any Other Party As It May Desire. Any and all services which are or may be provided to YOU by COMPANY pursuant to this AGREEMENT are not exclusive and nothing in this AGREEMENT shall limit or restrict COMPANY from providing similar services to third parties regardless of whether such third parties are competitors of YOU. Nothing in this AGREEMENT shall limit or restrict COMPANY from engaging in any activities similar to YOURS or in competition with YOU. TOP
COMPANY Expressly Disclaims Any Editorial Control, But Reserves The Right To Terminate Your Website And/Or This Agreement Should COMPANY Be Made Aware Of Violations Of The Law By You; COMPANY Also Reserves Its Right To Remove Offending Material. COMPANY and YOU hereby agree that, consistent with the strict policy of COMPANY, and in reliance on YOUR express warranties regarding the substantive content of advertisements, communications, messages and other materials which YOU store in Web Site Space, and/or otherwise disseminate via the use of COMPANY's Equipment, COMPANY shall not be required to exert any editorial or other subjective control over the substantive content of such advertisements, communications, messages or other materials. However, COMPANY reserves the right to terminate your use of its servers should COMPANY be made aware of violations of the law or this Agreement by YOU. COMPANY is not required to provide any advance notice or explanation of such termination. COMPANY may also remove material it reasonably suspects to violate this Agreement, and such removal may be effected by use of a computerized detection and removal program. TOP
This Agreement May Be Terminated At Any Time; All Rights To The "SBITS.Biz" Name And Sites and or any other root domain name and sites offered by COMPANY Remain With COMPANY. The term of this AGREEMENT is at will, and may be terminated at any time and with immediate effect by either COMPANY or YOU upon written notice or otherwise as provided herein. Furthermore, upon termination, the rights to any name and/or internet address that terminates in SBITS.Biz (i.e. "mysite.SBITS.Biz") or any other root domain name offered by COMPANY (i.e. "mysite.rootdomainname.com") shall remain with COMPANY to be used in any manner COMPANY desires. TOP
If One Part Of This Agreement Is Unenforceable, Other Portions May Still Be Enforced. In case any one or more of the provisions contained in this AGREEMENT shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this AGREEMENT shall be construed as if such invalid, illegal or unenforceable provision(s) had never been included. The invalidity or unenforceability of any provision(s) of this AGREEMENT shall not affect the validity or enforceability of any other provision. TOP
If One Of The Parties Does Not Enforce Its Rights Under This Agreement, That Does Not Mean That Its Rights Under The Agreement Are Waived. Failure of either of the Parties at any time to enforce any of the specific provisions of this AGREEMENT shall not preclude any other or further enforcement of such provision(s) or the exercise of any other right hereunder. No waiver of a breach of this AGREEMENT shall be valid unless made in writing and signed by duly authorized representatives of both COMPANY and YOU. TOP
Any Disputes Under This Agreement Will Be Arbitrated Except For Cases Under A Certain Dollar Amount, Which Cases Will Be Tried Without A Jury. Any and all disputes as to the interpretation of or any performance under this AGREEMENT which are not first resolved informally, shall be determined by binding arbitration in Washington, Oregon in accordance with the rules of the American Arbitration Association (with full discovery available). The final award in any such arbitration proceeding shall be subject to entry as a judgment by any court of competent jurisdiction, provided that such judgment does not conflict with the terms and provisions hereof. The jurisdiction of the arbiter (or arbiters) with respect to legal matters shall be limited only by the statutory and common law of the State of Oregon and the United States. Nothing in this paragraph shall preclude either party from seeking and obtaining any injunctive relief or other provisional remedy available in a court of law, including, specifically, COMPANY's right to prejudgment attachment and expedited discovery. Notwithstanding the foregoing, a party may bring suit in the county of Washington, but only if all parties initiating the proceeding collectively waive the right to recover any monetary relief in excess of $4.99 (such limitation being as to all parties initiating the proceeding combined, and not a separate limit as to each party initiating the proceeding), inclusive of attorneys fees but exclusive of interest and costs, and that this limitation is stated in the complaint itself. In addition to the foregoing, both parties hereby agree that as part of the consideration for this agreement, they waive the right to a trial by jury for any dispute arising between them that is in any way related to the subject matter of this AGREEMENT, and that such waiver shall be enforceable up to and including the day that trial is to start, and even if the arbitration provisions are of this paragraph are waived. Should any legal fees, costs, or other expenses be incurred by any party in attempting to enforce this arbitration and jury waiver provision, the prevailing party with regard to enforcement of this arbitration and jury waiver provision shall be entitled to recover such legal fees, costs, or other expenses without regard to whether such party prevails in the underlying case. The monetary limitation on relief that may be sought in a lawsuit filed in the county of Washington shall not apply where the website(s) at issue were created as a result of fraud (i.e. if YOU create websites using falsified information during the sign up process, or create websites knowing that you will use them in violation of the terms of this agreement, YOU waive the right to force us to arbitrate claims above the monetary limit set forth above). TOP
The Agreement Provides For The Giving of Notices In A Specific Manner; COMPANY May Change This Agreement At Any Time By Posting A New Version At A Specified Web Site. All notices, payments, statements or other documents that any party to this AGREEMENT is required to or elects to give to the other parties will be in writing and will be delivered in one of the following ways: (a) by addressing the notice as indicated below and depositing the same registered or certified mail, postage prepaid, in the United States mail; (b) by Federal Express; or (c) by e-mail. Furthermore, this AGREEMENT may be materially altered by COMPANY by posting the new version of the AGREEMENT at http://SBITS.Biz/terms.html and if posted in this manner, shall be effective one business days after posting without providing notice pursuant to one of the foregoing mechanisms, or immediately upon providing notice pursuant to one of the foregoing mechanisms, whichever comes first. Each notice, statement or other document so delivered, except as this AGREEMENT expressly provides otherwise, shall be conclusively deemed to have been given when first personally delivered, on the date of delivery or on the first date of receipt. In the event that COMPANY does materially change the terms of this agreement, you shall be bound by such changed terms unless you opt to terminate your agreement within five days of receipt of notice of such change. However, notice by e-mail or facsimile to COMPANY shall be deemed ineffective, null and void unless a copy of such notice is also sent by registered or certified mail,, and postmarked not less than five days subsequent to the giving of facsimile or e-mail notice. Until further written notice, the addresses of the parties hereto are the following: For COMPANY: 16086 SW Melinda St. Beaverton OR 97007 Facsimile: (413) 208-1118 E-mail: support@SBITS.Biz For YOU: To the e-mail addresses and/or fax number, and physical address you entered when you registered your website. TOP
This Agreement May Be Executed In Counterparts. This AGREEMENT, and all documents and instruments pertaining to it, may be executed in counterparts, each of which shall be deemed to be an original and all of which shall constitute the AGREEMENT, provided that the AGREEMENT shall not become effective until completely conforming counterparts have been signed and delivered by each of the parties hereto. TOP
This Agreement May Not Be Assigned By You, But May Be Freely Assigned By COMPANY. This AGREEMENT and the rights pertaining hereto may not be assigned, resold, or otherwise transferred in whole or in part by YOU without COMPANY's prior written consent. In particular, you may not sell accounts or subaccounts to third parties. Notwithstanding the above, this AGREEMENT shall be binding upon YOUR successors and assigns, if any. COMPANY may assign and or all of its rights and/or obligations hereunder in its free, sole, and unfettered discretion. COMPANY may immediately assign such rights by posting a notice at http://SBITS.Biz/Legal.htm,and such assignment shall be immediately effective upon posting without the need or obligation for any further notice to YOU. TOP
Any Disputes Are To Be Resolved In Washington County, Oregon, And This Agreement Is Binding On The Parties' successors, Assigns, Etc. This AGREEMENT shall be construed in accordance with the laws of the State of Oregon governing contracts executed and performed therein and the laws of the United States, and shall be binding upon and inure to the benefit of the parties, respective heirs, executors, administrators, successors and assigns. The parties agree that the State of Oregon, Washington County shall be the proper place of jurisdiction for the determination of any disputes arising from this AGREEMENT, and the parties consent to jurisdiction of the Courts of the State of Oregon. Should any legal fees, costs, or other expenses be incurred by any party in attempting to enforce this choice of venue, the prevailing party with regard to enforcement of this choice of venue shall be entitled to recover such legal fees, costs, or other expenses without regard to whether such party prevails in the underlying case. TOP
This Agreement Constitutes The Entire Agreement Between The Parties. This AGREEMENT constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes and cancels all other prior agreements, discussion, or representations, whether written or oral. No officer, employee or representative of COMPANY or YOU has any authority to make any representation or promise in connection with this AGREEMENT or the subject matter thereof which is not contained expressly in this AGREEMENT; and, COMPANY and YOU hereby acknowledge and agree that neither COMPANY nor YOU have executed this AGREEMENT in reliance upon any such representation or promise. TOP
This Agreement May Not Be Modified Except In Writing Except That COMPANY May Make Any Modification By Posting On The Web As Set Forth In Paragraph 15. No modification of this AGREEMENT, in whole or in part, shall be enforceable unless reduced to writing and signed by duly authorized representatives of the Parties. Notwithstanding the foregoing, COMPANY may make any modification by posting on the world wide web as set forth in paragraph 15 hereto. TOP
COMPANY Will Cooperate Fully With Any Investigation By Law Enforcement, Or With Any Investigation Involving A Violation of These Terms And Conditions; Any Information You Put On Our Servers Is Intended For Public Release: COMPANY will fully and completely cooperate with any official law enforcement investigation, and may choose, in its sole and unfettered discretion, to provide information of any kind to such law enforcement officials without the need for an official subpoena or search warrant. In addition, should COMPANY be made aware that a third party is conducting an investigation that involves a violation of these terms and conditions (for example, if an internet service provider is investigating the source of spam sent through its mail servers but promoting a site that the spammer created on SBITS.Biz), COMPANY may choose, in its sole and unfettered discretion, to provide information of any kind to such third party without the need for a formal subpoena or other legal process. Furthermore, YOU specifically represent and agree that any information you post to our servers is intended by YOU as a communication made available to any and all members of the public. This means that YOU have no expectation of or request for privacy in any files or other materials YOU upload to our servers. TOP
YOU must comply with the law in your display of constitutionally protected materials; YOU may not upload materials that are not constitutionally protected; YOU must not upload materials YOU are not allowed to view or possess: COMPANY will not select or edit any of the content you want to have on your site, so please do not ask COMPANY for its artistic assistance or opinion. YOU, and YOU alone, will be solely responsible for the nature and content of what YOU choose to store on YOUR site. If YOU intend to upload adult content, please see a legal advisor regarding the numerous criminal laws that apply. Not only will COMPANY not advise you with regard to YOUR compliance with these laws, but YOU should be aware that it is COMPANY's policy to contact law enforcement and provide all possible assistance to law enforcement at any time that COMPANY becomes aware that illegal materials (i.e. child pornography and other materials that are obscene) have been uploaded. YOU may not upload materials that YOU are not legally allowed to view or possess. This means, for example, that if YOU are under eighteen years old (twenty one years where eighteen is not the age of majority), YOU cannot upload materials depicting pornographic acts, as it would be illegal for YOU to have this material in YOU possession in the first place. This paragraph does not alter COMPANY's legal ability to remove materials from YOUR site pursuant to the Good Samaritan provisions of the Communications Decency Act, and COMPANY expressly reserves all of its rights under that statute and otherwise.TOP
YOU must provide an accurate rating for YOUR site, reflecting the type of content on YOUR site: COMPANY has elected to introduce an advertising rating system. Under this system, when ads are displayed on your page, you may elect to have ads that have no restrictions -- including adult oriented advertising or gay adult oriented advertising which advertising may contain nudity. In the event that you make such an election, there are no additional limitations placed upon the type of content YOUR web site may contain. However, YOU may also elect to have ads that are geared to an audience that includes high school aged persons and older, in which case YOUR site must not contain any materials that would be inappropriate for audiences of that age group, and in any event may not depict acts that would be illegal if done, in public, in Washington, Oregon. This includes nudity. Additional advertising options may be made available and any limitations described in conjunction with those options, either during the option selection process, in these terms of service, or in the Appropriate Use Policy, are incorporated herein. COMPANY will endeavor to display advertising of the type YOU indicate YOU desire, but may, in the event said advertising would not be commercially desirable (as determined in its sole and unfettered discretion) display any advertising COMPANY determines to be commercially desirable, even if said display is at odds with YOUR selection of advertising and/or at odds with the content of YOUR site. TOP
YOU must be at least 18 years old to sign up for hosting, and you cannot target your web site at users who are under 18 years old: In order to fully comply with the requirements of COPPA, we have elected to prohibit the upload of sites to our servers that are intended for viewing by people under 18 years old, and to prohibit people under 18 years old from uploading sites to our servers. TOP
Note: This above policy is subject to change. Please monitor for current Policy - SBITS.Biz.
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