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AGREEMENT
This service agreement is
between Budget Web Builders, LLC. ("BudgetWebBuilders", "us", or "our")
and the Subscriber ("you" or "your"). This Agreement sets forth the terms
and conditions under which Budget Web Builders agrees to provide, and you
agree to use, Budget Web Builders internet services ("service" or "services").
FORMATION
You agree that by selecting
the "I have read and understand the TERMS & CONDITIONS" check box during
the Budget Web Builders on-line registration process, or by providing verbal
assent to an agent or employee of Budget Web Builders, or by commencing
use of any service offered by Budget Web Builders, or by signing a written
agreement form and subsequently beginning or continuing to use Budget Web
Builders internet services, you consent to be bound by and do become a
party to this Agreement. In addition, you agree to comply with any amendments
to this Agreement for which you receive notification by continuing to use
the services after receiving such notification. The current and binding
terms of this Agreement are always set forth on the Budget Web Builders
home page at http://www.budgetwebbuilders.com. If at any time you do not
agree or no longer agree to comply with the terms of this Agreement you
are not authorized to use Budget Web Builders internet services. If at
any time you do not agree or no longer agree to comply with any amendment
that was not part of this Agreement at the time you purchased services,
you have the right and duty to terminate this Agreement pursuant to the
subscriber termination procedure provided herein. If you determine, within
24 hours of the time at which your account is activated, that the terms
of this Agreement are not acceptable, you may cancel your subscription.
CONTACT INFORMATION
You agree to provide Budget
Web Builders with accurate and complete contact information. Contact information
means any data relating to your identity, and electronic mail, including
full name, street address, telephone and fax numbers, and any other information
that you provide to Budget Web Builders in order to receive or to continue
receiving services. Further, you agree to provide Budget Web Builders with
updated registration information within a reasonable period of time following
the change in circumstance that creates the need for updated information.
PERIOD OF SERVICE/USAGE
You agree to pay for the period
of service you select at the time you purchase services. This period will
be specified in your service invoice. Budget Web Builders is not obligated
to provide services to you in the event you do not pay for the period of
service you select in advance. You agree that it is your responsibility
to review your service invoice within a reasonable period after receiving
your copy, to ensure that the invoice accurately indicates the period of
service you requested. If the period of service you requested is not accurate,
it is your responsibility to immediately notify Budget Web Builders to
amend the invoice to indicate the period of service you requested. Your
period of service commences on the date on which your account is activated.
Internet services provided by Budget Web Builders are not usage dependent;
you are liable for all charges billed according to your applicable rate
plan if you have validly signed up with Budget Web Builders, have been
assigned a username and password, and have not cancelled according to the
cancellation procedures detailed in this Agreement, regardless of whether
or not you have actually used the service(s) provided. Failure to receive
a bill for services, whether electronic or paper, does not constitute a
waiver of payment due, nor does it alter the bill due date.
STANDARDS OF CONDUCT
You agree to conform your
use of services to standards of conduct generally accepted and applied
by Internet users in your community, including but not limited to the following:
* You agree not
to use our service in the course of any criminal or other illegal activity.
* You agree
not to use our service for any conduct that constitutes tortious activity,
including but not limited to activity that constitutes defamation; fraud;
false advertising; or violation of copyright, trademark, service mark,
trade dress, or trade secret rights.
* You agree
not to use our service in the course of any conduct intended to harass,
threaten, or abuse, or that is designed to harass, threaten or abuse, or
that actually harasses, threatens, or abuses any person.
* You agree
not to use our service to post or distribute obscene materials or other
sexually explicit or violent materials, display or distribution of which
may be restricted by local, state, or federal law.
* You agree
not to use our service to send unsolicited bulk e-mails or mass advertising,
receive bulk e-mail, harvest e-mail addresses for commercial purposes or
for the purpose of sending bulk e-mails or mass advertising, or otherwise
engage in spamming.
* You agree
not to engage in excessive posting to newsgroups. Users of newsgroups should
become familiar with and comply with the guidelines or community standards
governing the newsgroups in which they participate.
* You agree
not to resell our services without express written permission from Budget
Web Builders.
* You agree
not to add, remove, or modify identifying network header information ("spoofing")
in an effort to deceive or mislead, or any attempt to impersonate any person
by using forged headers or other identifying information.
AMENDMENTS TO AGREEMENT
Budget Web Builders reserves
the right to amend this Agreement at any time. You agree to comply with
any amendment to this Agreement of which you are notified by continuing
to use Budget Web Builders internet services after receiving notification
regarding that amendment. Notification means that the amendment is made
accessible to you by incorporation into the electronic Agreement form posted
on the Budget Web Builders home page; and that you will receive a message
explaining, and containing the text of, the amendment at your registered
electronic mail address, street address, or fax number. The current and
binding terms of this Agreement are set forth on the Budget Web Builders
home page at http://www.budgetwebbuilders.com. You agree that it is your
responsibility to periodically review the Budget Web Builders home page
and your electronic mail to ensure that your use of the services complies
with any amendments.
LATE CHARGES AND COLLECTION
You agree that a late fee
of no more than $1.50 per month will apply to any amounts you continue
to owe to Budget Web Builders after the due date for such amounts has passed.
Budget Web Builders will clarify the due date applicable to your payments
in your service invoice. Budget Web Builders reserves the right to change
the terms and due dates of your service from time to time in its sole discretion,
provided that notice of such change is included in your service invoice.
You agree that Budget Web Builders may assign unpaid delinquent charges
to a collection agency for action. In the event Budget Web Builders resorts
to a collection agency, or takes other legal action to recover amounts
you owe, you agree to reimburse Budget Web Builders for all legitimate
expenses actually incurred in recovering such amounts (including but not
limited to attorney's fees and other necessary costs of collection). In
the event that you do not pay, in full, for services rendered by Budget
Web Builders by the due date for payment of such services, Budget Web Builders
shall have the right to terminate your service without prior notification
to you. Failure to receive a bill for services, whether electronic or paper,
does not constitute a waiver of payment due, nor does it alter the bill
due date.
CANCELLATION
To cancel your account, you
must notify Budget Web Builders in the following manner and with the following
information:
1. By e mail at billing@budgetwebbuilders.com.
You must provide your name, username, e-mail address and phone number on
the account for verification purposes in order for the cancellation to
be valid; or,
2. In writing by
postal mail to Budget Web Builders-Cancel Service, P.O. Box 5938, Twin
Falls, ID, 83303. You must provide your name, username, e-mail address
and phone number on the account for verification purposes in order for
the cancellation to be valid. In the event of cancellation in writing,
you may be contacted by a Budget Web Builders representative to confirm
your account information and cancellation details.
Failure to use services made available
by Budget Web Builders does not constitute a valid cancellation. Your account
will automatically renew for a renewal period equal to the original period
of service for which you contract unless specifically terminated per the
procedures detailed above or by Budget Web Builders per this Agreement.
Budget Web Builders does not refund pro-rated intra-period charges upon
cancellation and does not provide any refund for pre-paid services purchased
under this agreement.
TERMINATION BY Budget
Web Builders - VIOLATION OF AGREEMENT
Budget Web Builders reserves
the right to terminate your services before the end of your period of service,
without any refund or compensation to you, in the event your services are
used in a manner that:
* Violates any
of the terms or conditions of this Agreement.
* Tends to
damage the good name, or standing in the community, of Budget Web Builders
or its affiliates or subsidiaries.
* Interferes
unreasonably with other Subscribers' use and enjoyment of services provided
by Budget Web Builders.
In order to terminate, Budget
Web Builders will send a written termination notice, including a brief
statement of grounds, to your registered electronic mail address, street
address, or fax number. Budget Web Builders may thereafter terminate your
service after seven days from the date the termination notice was sent,
unless you first provide Budget Web Builders with a reasonably adequate
explanation or illustration that the grounds set forth for termination
are not valid under this Agreement. Upon termination, Budget Web Builders
will not provide any refund for services purchased under this agreement.
TERMINATION BY Budget
Web Builders - VIOLATION OF AMENDMENT
Budget Web Builders reserves
the right to terminate your services before the end of your period of service
in the event your services are used in a manner that violates any amendment
that was not a part of this Agreement at the time you purchased services.
In order to terminate, Budget Web Builders will send a written termination
notice, including a brief statement of grounds, to your registered electronic
mail address, street address, or fax number. Budget Web Builders may thereafter
terminate your service after seven days from the date the termination notice
was sent, unless you first provide Budget Web Builders with a reasonably
adequate explanation or illustration that the grounds set forth for termination
are not valid under this Agreement and any amendment(s). Upon termination,
Budget Web Builders will not provide any refund for services purchased
under this agreement.
TERMINATION BY SUBSCRIBER
In the event an amendment
is adopted by Budget Web Builders, which was not part of the Agreement
when you purchased your service, and which you find unacceptable or otherwise
impossible to comply with, you have the right and duty to terminate your
services. In order to terminate services, you must notify Budget Web Builders
of your intent to cancel (see "CANCELLATION" section above).
NO WARRANTIES
Budget Web Builders DISCLAIMS
ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL ONEWEST BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL
OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS
OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE
THE SERVICE, EVEN IF ONEWEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
LIMITATION OF LIABILITY
YOU AGREE THAT ONEWEST WILL NOT
BE HELD LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT THAT YOU PAID TO
ONEWEST FOR SERVICES UNDER THIS AGREEMENT.
NO LIABILITY FOR SUBSCRIBER
ACTIONS
You agree that Budget Web Builders
is not responsible for any action taken by you while using our services.
You agree to take full responsibility for any action performed using our
services (whether the action is performed by you or by an unauthorized
third-party user of our services). You agree to defend, release, indemnify,
and hold harmless Budget Web Builders, its affiliated companies, and licensors
from all liabilities, claims, and expenses, including but not limited to
attorney's fees, arising from any use, authorized or unauthorized, of our
services.
SERVICE INTERRUPTIONS
Budget Web Builders agrees
to make reasonable efforts to provide continuous service to you. You understand
and agree that temporary interruptions may occur as normal events in the
provision of service. Furthermore, in order to efficianelty run its network,
Budget Web Builders reserves the right to place limits on continuous provision
of service for non-dedicated customers. Under no circumstances shall Budget
Web Builders be held liable for any financial or other damages due to such
service interruptions.
UNLIMITED ACCESS
There are several limitations
that apply. The sole purpose of these limitations are intended to limit
the amount of unnecessary use of BudgetWebBuilders services by any such
User, which restricts overall system availability for other such Users.
These limitations apply only to Dial-Up access services offered by BudgetWebBuilders.
User agrees to have their online session
automatically terminated after 200 hours of total monthly usage. (Averages
out to 7.14 hours per day of useage.) This is to prevent conjestion on
our network, and keep speeds as fast as possible.
User agrees to have their online
session automatically turned off after ten (10) minutes of consecutive
inactivity. Inactivity is defined as less than 500 bytes of data transferred
between User's modem and the BudgetWebBuilders service. This is to prevent
users from accidentally leaving their online sessions on for long periods
of time. User agrees to have an online session automatically terminated
after five (5) hours of consecutive time, regardless of data transferred
during such specific online session. User understands they can log back
onto the BudgetWebBuilders system one (1) minute following the termination
of their previous online session, regardless of the reason for the previous
session's termination.
User agrees to maintain no
more than one (1) concurrent online session for each PPP/ISDN account purchased.
CONTENT
You agree that all information
provided through your use of our services is provided "AS IS"; that Budget
Web Builders' link to a web site does not, in any way, represent or imply
an approval of, or a determination of the quality of that product or service;
that any links provided by Budget Web Builders are maintained by their
respective organizations, which are solely responsible for their content.
You agree to hold Budget Web Builders harmless for any and all damages
arising out of your use of such products, services, or links.
FORCE MAJEURE
You agree that Budget Web
Builders is not responsible for delays, damages or failures in performance
due to causes beyond Budget Web Builders' reasonable control, including
but not limited to acts of a governmental body; acts of God; acts of third
parties; fires; floods; other weather-related incidents; strikes or other
labor-related disputes; or an inability to obtain necessary equipment or
services.
NON-WAIVER
You agree that Budget Web
Builders' failure at any time to enforce any of the provisions of this
Agreement or any right or remedy available hereunder, or at law or equity,
or to exercise any option herein provided, shall in no way be construed
to be a waiver of such provisions, rights, remedies or options or in any
way to affect the validity of this Agreement. The exercise by Budget Web
Builders of any rights, remedies or options provided hereunder, or at law
or equity, shall not preclude or prejudice Budget Web Builders from exercising
thereafter the same or other rights, remedies or options.
INTEGRATED AGREEMENT
You agree that this Agreement
is the entire agreement between you and Budget Web Builders regarding the
subject matter of this Agreement; and supersedes all prior representations,
understandings or agreements regarding the subject matter of this Agreement.
SEVERABILITY
You agree that if any of the
terms or conditions in this Agreement are properly found to be invalid
or unenforceable by a government body, the remaining terms or conditions
of this Agreement shall not be affected by the finding and shall continue
to apply.
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