YOUR USE OF THE O'SHEA'S COMPUTER CONSULTANTS SERVICE IS SUBJECT TO THESE TERMS AND CONDITIONS.
By accessing or using the service, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the service.
The following is not permitted:
No Warez/Hacking Sites
No Bulk Emailing
No Adult Material
No file archives for distribution. Example: Shareware, Clip
Art, MP3s
Everything on our servers must be legal within the USA and the state of California. Our disk space may only be used for web site material. Backing up data from other computers is a violation of our service.
Warranty Disclaimers
For legal reasons we disclaim any warranties, expressed or implied with respect
to the service including (but not limited to) implied warranties of merchantability
and fitness for a particular purpose or which otherwise arise from trade usage
or course of dealing.
O'Shea's Computer Consultants does not warrant or represent the accuracy or quality of information obtained through the Service. O'Shea's Computer Consultants is not responsible for any loss of data from delays, non-deliveries, missed deliveries, or service interruptions, whether caused by the Service Provider’s negligence or Customer’s errors and/or omissions or due to any other cause.
As a condition precedent to obtaining any Customer rights under the terms of this Agreement, Customer specifically agrees that no claims shall be made by Customer against O'Shea's Computer Consultants arising from the content of messages published by any other O'Shea's Computer Consultants customer or other third party. Any claims between O'Shea's Computer Consultants customers, including but not limited to requests for de-publication or retraction, shall be resolved between the customers themselves without O'Shea's Computer Consultant's involvement.
Customers Liability
This Service may only be used for lawful purposes. You are prohibited from transmitting
via the service any unlawful or otherwise harmful material nor shall any information
or materials be transmitted in violation of any local, state, or Federal regulation(s)
or applicable international covenant or treaty. You agree to comply with all
federal, state, local and foreign laws and regulations, as applicable.
Without limiting the foregoing, you are prohibited from sending or receiving information which infringes on a third party’s intellectual property rights, threatening, obscene or offensive material to the extent prohibited by the Telecommunications Act of 1996, material protected by trade secret, fraudulent credit card information, fraudulent computer information, and data which enables breach of firewalls or other forms of unauthorized access to protected files. The use of the Service to transmit certain kinds of information (including without limitation, computer software and other technical data) in violation of export control laws and other regulations of the United States, whether that information is received abroad or by foreign nationals within the United States is also prohibited.
You agree to indemnify and hold harmless O'Shea's Computer Consultants from any claims resulting from Customer’s use of this Service that result in claims by a third party or a violation of law. Such indemnification shall include reimbursement of all O'Shea's Computer Consultant's costs and legal fees incurred in connection therewith.
In the event that O'Shea's Computer Consultants determines that inappropriate usage of this account warrants immediate termination, reasonable efforts will be made to inform customer in writing of this action but O'Shea's Computer Consultants shall take such further steps as required by law or court order.
O'Shea's Computer Consultants reserves the right to delete or limit access to any material at O'Shea's Computer Consultant's sole discretion, should such material come to O'Shea's Computer Consultant's attention. In such cases, O'Shea's Computer Consultants shall attempt to notify customer within 24 hours of such action.
Notwithstanding the foregoing, Customer acknowledges and agrees that O'Shea's Computer Consultant's customer and practice is to not monitor, review, limit, censor or control content transmitted on the Service. Customer further acknowledges and agrees that it is practicably and technically not feasible for O'Shea's Computer Consultants to attempt to do so to any degree. Nothing in this agreement shall be deemed to imply that O'Shea's Computer Consultants can or will monitor, review, limit censor or otherwise control content transmitted or stored on the Service. Customer shall be solely liable for the Content transmitted or stored.
Customer warrants and represents that all information published by Customer via the Service is either owned by Customer or that Customer has obtained the requisite licenses granting Customer permission to electronically publish the material.
Notwithstanding these warranties, O'Shea's Computer Consultants disclaims any liability for actual or alleged infringement of copyright, patent, trademark or other intellectual property rights of third parties resulting from Customer’s use of the Service.
Limitation on Liability
In no event shall O'Shea's Computer Consultants be liable for any damages whatsoever,
whether based on contract, tort, warranty, or other legal or equitable grounds
(including, without limitation, damages for loss of profits, business interruption,
loss of information, loss of data, cost of procurement of substitute goods or
other pecuniary loss) arising out of your use or your inability to use the Service,
even if O'Shea's Computer Consultants has been advised of the possibility of
such damages. Notwithstanding any other provision of this Agreement, in no event
shall O'Shea's Computer Consultant's liability arising out of, or relating to
this Agreement, exceed the amount paid to O'Shea's Computer Consultants.
Financial Obligations
The Initial Term shall begin upon commencement of the Services to Customer.
After the Initial Term, this Agreement shall automatically renew for successive
terms of equal length as the Initial Term, unless terminated or cancelled by
either party as provided in this section. The Initial Term and all successive
renewal periods shall be referred to, collectively, as the "Term".
You grant O'Shea's Computer Consultants the right to bill your account, until
such service is cancelled by you in writing or is cancelled by O'Shea's Computer
Consultants according to terms of this Agreement. You warrant and represent
that the information you supplied to us (or other information that O'Shea's
Computer Consultants may require) is accurate and truthful.
If your payment is returned to us unpaid your account will be deemed to be in default and you will be charged a returned check charge of $25 in addition to interest and penalties as further provided herein and a $25 processing fee for charge backs. Accounts in default may have their service interrupted. Such interruption does not relieve you from the obligation to pay the monthly charge. Only a written request to terminate your service relieves you of your obligation to pay the monthly account charge. Accounts in default are subject to an interest charge of 1.50 percent per month on the outstanding balance. If your state law does not allow an interest rate of 1.50 percent per month, the maximum allowable rate for your state will be charged. If you default, you agree to pay O'Shea's Computer Consultant's reasonable expenses, including attorney fees and collection costs, incurred in enforcing its rights under this Agreement.
Termination of Service
This Agreement may be terminated (i) by either party by giving the other party
1 day prior written notice (subject to an early cancellation fee as provided
below), (ii) by O'Shea's Computer Consultants in the event of nonpayment by
Customer, (iii) by O'Shea's Computer Consultants, at any time, without notice,
if, in O'Shea's Computer Consultant's judgment, Customer is in violation of
any term or condition of the Usage Policy or Customer's use of the Service disrupts
or, in O'Shea's Computer Consultant's judgment, could disrupt, O'Shea's Computer
Consultant's business operations.
If you cancel after the first 30 days from the opening of your account, you will be obligated to pay all fees and charges accrued prior to the effectiveness of the cancellation. O'Shea's Computer Consultants will refund to you the prepaid fees for basic hosting for the full months remaining after effectiveness of cancellation, less any prior fees and charges. All cancellations must be received in writing as per the deadlines indicated; regular mail, e-mail and fax notifications are acceptable. Phone requests will not constitute acceptance of any cancellation.
YOUR SIGNATURE ON A HARD COPY OF THIS AGREEMENT IS NOT REQUIRED IN
ORDER FOR THE AGREEMENT TO BE LEGALLY BINDING ON YOU. YOUR USE OF THE SERVICE,
HAVING THE SAME FORCE AND EFFECT AS IF YOU HAD ACTUALLY SIGNED A HARD COPY OF
THIS AGREEMENT.