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Acceptable
Use Policy (Service Contract)
Signetique LLC is a Web Presence Provider. User accounts on
our Internet servers are subject to compliance with the terms
and conditions set forth below. Under the terms of this agreement,
your placement of information on Signetique's servers is an
acknowledgement that you have read and understood this agreement,
and that you agree to be bound by the terms and conditions
below. If you do not wish to be bound by these terms and conditions,
you should not proceed to place any information of any kind
on Signetique's servers.
PARTIES
1. WEB PRESENCE PROVIDER
SIGNETIQUE, LLC, whose registered office is
206 East Delaware Avenue, Newark, New Castle County, Delaware.
2. CUSTOMER
RECITALS
Provider is in the business of offering online services available
through its web site CleverInternet.com to its customers.
(A) Customer 's accounts on the Provider's Internet servers
on its aforesaid Web sites are subject to compliance with
the terms and conditions set forth below and such terms and
conditions as are found in its Web sites when the Customer
avails itself of the services at that Web site.
(B) Under the terms of this Agreement, the Customer placement
of any information on Provider's server is an admission of
having read and understood the terms and conditions of this
Agreement, and to be bound by the terms and conditions below.
PROVIDER'S OBLIGATIONS
1. The Provider through its web site at CleverInternet.com
arranges for its online services as described in the said
web sites and to enable its customers to have an online presence
for the conduct of its activities.
2. The services are provided on an "as is" and "as
available" basis without warranties of any kind, either
express or implied in any and all usage of any services offered
by the Provider. Any advice or information given by Provider
or its agents or employees shall not create a warranty.
3. Provider gives no warranty that the service shall be uninterrupted
or error free or that any information, software or other materials
accessible on its services are free from viruses or other
harmful components.
4. Provider shall under no circumstances be liable for any
direct, indirect, special, punitive, or consequential damages
that result in any way from Customer's use of or inability
to use the services, or for third parties' use of the service
to access Customer's Web space, or to access the Internet
or any part thereof, or any third parties' reliance of or
use of information, services, or merchandise provided on or
through the service, or that result from mistakes, omissions,
interruptions, deletion of files, errors, defects, delays
in operation or transmission, or any failure of performance.
5. The Provider reserves the right to carry out amendments,
modifications or replacements where in its opinion such amendments
modifications or replacements are necessary to remove or amend
any material which are or are likely to be construed as being
illegal, obscene threatening defamatory
discriminatory promoting illegal or unlawful activity or otherwise
objectionable or in violation of any rules regulations or
laws to which the website is subject and the provider shall
notify the Customer accordingly.
6. The Provider reserves the right to refuse to carry out
amendments, modifications or replacements where in its opinion
such amendments modifications or replacements are or are likely
to be construed as being illegal, obscene threatening defamatory
discriminatory promoting illegal or unlawful activity or otherwise
objectionable or in violation of any rules regulations or
laws to which the website is subject and the Provider shall
notify the Customer accordingly.
7. The Provider reserves the right to terminate its service
to the Customer at Provider's sole discretion and to deny
access to all or part of the service without notice if Customer
engage in any conduct or activities that Provider in its sole
discretion believes violates any of the terms and conditions
in this Agreement and the Customer agrees that it shall have
no cause of action for any loss of business/profits and or
for any damages whatsoever. The Provider shall also have the
right to notify directly all the clients and the users of
the Customers of its website of the closure.
CUSTOMER'S OBLIGATIONS
8. The Provider's services shall be used for lawful purposes
only. It is strictly prohibited to use any of these services
if the use thereof by the Customer violates any laws rules
and or regulations in any jurisdictions.
9. While using the Provider's service, Customer shall not
(a) restrict or prevent any other user from using and having
such access to the Internet
(b) post or transmit any material likely to be construed as
being illegal, obscene threatening abusive offensive indecent
libelous defamatory discriminatory promoting illegal or unlawful
activity or otherwise objectionable or in violation of any
rules regulations or laws to which the website is subject
to including without limitation any transmissions constituting
or encouraging conduct that would constitute a criminal offense
or give rise to civil liability
(c) Post, publish, transmit, reproduce or distribute any information
or software which contains a virus or other harmful component;
(d) Post, publish, transmit, reproduce, distribute or in any
way exploit any information, software, or other material obtained
through the service for commercial purposes (other than as
expressly permitted by the provider of such information, software,
or other material);
10. The Customer agrees that as the person legally liable
or as the authorized person for use of this account, complies
with the minimum age of 18 years of age and shall furnish
the Provider with a current and truthful name, postal address
and telephone number for its records, and this obligation
shall continue throughout the duration of this Agreement any
changes to be notified to the provider in writing within 3
days from the change taking into effect.
11. The Customer consents to the Provider monitoring the services
electronically from time to time and to disclose any information
as necessary to satisfy the law, or to protect itself or its
subscribers.
12. The Customer unconditionally accepts that by placing information
on Provider's servers that such information becomes available
to all Internet users and that Provider would not be able
to limit or restrict access to such information or protect
such information from copyright infringement.
13. The Customer undertakes complete responsibility and risk
in using the Provider's servers and the Internet and it shall
be the Customer sole responsibility
(a) to evaluate the accuracy, completeness, and usefulness
of all opinions, advice, services and other information, and
the quality and merchantability of all merchandise offered
by the Provider or on the Internet generally.
(b) for the files and data residing on Customer's account
and for files and data transferred and to maintain all appropriate
backup of files and data stored on Provider servers.
(c) to update the Provider with the latest administrative
contact information as and when these are changed.
14. Customer agrees not to maliciously or intentionally interfere
with the proper operation of the system, including but not
limited to defeating identification procedures, obtaining
access outside to that which Customer is authorized for, and
impairing the availability, reliability, or quality of service
for other customers.
15. Customer further agrees not to interfere with the proper
operation of other systems reachable through the Internet,
including any attempt at unauthorized access and to comply
the Acceptable Use Policy of any network or service connected
to.
16. Customer shall adhere and comply to system policies whether
now or in the future as published online by Provider, including
restrictions on services available with each account type,
restrictions on certain features, and all other policies designed
to protect and enhance the quality and reliability of service
by Provider.
17. Customer accepts that the security of its account is its
sole responsibility and shall notify Provider immediately
in writing by registered mail, return receipted, to Provider
at the above address in the event the Customer believes that
the security of its account had been compromised in whatsoever
manner. The Customer shall be wholly responsible for any misuse
or compromise of its account for which Provider had not been
properly notified.
PAYMENT
18. The Customer shall pay for the services received from
Provider, in advance of the time period during which such
services are provided. Customer agrees that all setup fees
and domain name fees are non-refundable once setup is completed
and that until and unless Provider is notified of the cancellation
of any or all services received, those services will be billed
on a recurring basis.
19. In the event of payments being effected by credit card
Customer shall accept prepayments to be billed and charged
automatically, and that Provider may apply the amount due
to the provided credit card at any time. However Provider
agrees that pro-rated refunds for unused time periods shall
be provided upon written request, in the event of account
termination and the computation of the refund to be made shall
be at the sole discretion of the Provider.
20. If the payments were effected through credit card, the
Customer admits being an authorized user of any credit card
that it supplies to Provider and accepts that the Provider
has an obligation to fully investigate any possible fraudulent
credit card use as necessary.
SUSPENSION/TERMINATION
21. The Provider shall suspend and or terminate at its discretion
in the following situations immediately and without notice
and , namely
(a) Customer's use of the Provider's system to engage in software
piracy or other violations of law;
(b) The Customer accepts that if any security violations are
believed to have occurred in association with its account,
pending an investigation and its resolution;
(c) Customer shall not transmit unsolicited or prohibited
advertisement or other materials harassing or illegal through
electronic mail, Usenet postings, or other Internet media
thorough the use of Provider or any other service with reference
to services obtained through Provider, for unsolicited mass
mailings, postings, or other activities considered an annoyance
to others, commonly referred to as "spamming";
(d) use of any material which are or are likely to be construed
as being illegal, obscene threatening defamatory discriminatory
promoting illegal or unlawful activity or otherwise objectionable
or in violation of any rules regulations or laws to which
the website is subject.
(e) Customer's non-payment
22. In any of the above situations the Provider shall notify
the appropriate authorities accordingly and release all information
to the appropriate authorities even if such information is
confidential or received confidentially and in pursuance thereof
cooperate in any government or legal investigation regarding
any aspect of services rendered or sold to the Customer
23. In any of the above situations the Provider shall not
be liable for any damages expenses loss of business/profits
costs howsoever caused to the Customer by the decision taken
by the Provider to suspend or terminate the Customer's accounts
with the Provider.
24. In the event Customer is dissatisfied with Provider service
or any of its terms, conditions, rules, policies, guidelines,
or practices, your sole and exclusive remedy is to discontinue/terminate
the service and such refunds if any to be made by the Provider
to the Customer shall at the sole discretion of the Provider.
GENERAL PROVISIONS
25. The Provider is under no obligation to notify any third-party
providers of services, merchandise, or information, nor any
liability for any consequences resulting from such discontinuance
or lack of notification. However the Provider may do so if
in the discretion it considers necessary. Further, it is the
sole responsibility of Customer to notify Provider of any
changes in mailing address, phone numbers, email address or
any other contact information. Failure to notify Provider
of such changes may prevent Provider to communicate with or
notify Customer of important information that may in turn
result in the loss of Customer's domain name(s) or suspension
or termination of Customer's account. It is the sole responsiblity
of Customer to ensure that such changes/updates have been
received by Provider.
26. This Agreement supercedes all prior agreements,arrangements
and understandings whether written electronic or oral between
the parties and constitute the entire agreement between the
parties relating to the subject matter herein. No addition
to or modification of any provision of this Agreement shall
be binding upon the parties unless made by a written instrument
signed by a duly authorized representative of each of the
parties.
27. Notwithstanding that the whole or any part of the clauses
in this Agreement may prove to be invalid or unenforceable
all other clauses of this Agreement and the remainder and
parts of the clauses in question shall remain in full force
and effect and the invalidated or the unenforceable parts
of the clauses shall be read and applied in a manner as to
render it valid and enforceable in accordance with the with
the laws of the State of Delaware, USA ("Delaware")
and the United States of America.
28. This Agreement shall be interpreted and enforced in accordance
with the applicable laws of the State of Delaware, USA ("Delaware")
and the United States of America. Customer agrees that all
services provided by Provider shall be deemed to have been
requested and provided in the State of Delaware. Customer
further agrees that the Court of Common Pleas of the state
of Delaware, shall have personal jurisdiction over Customer
and exclusive subject matter jurisdiction over any and all
controversies or claims arising from or relating to this agreement
or the services provided by Signetique LLC. Customer agrees
to accept service of process related to this agreement by
ordinary mail, postage prepaid, to the most recent address
provided by Customer.
29. Any notice or communication under or in connection with
the Agreement shall be in writing and shall be delivered by
way of post, e-mail or facsimile to the Customer's above address
or to such address as the Customer had notified the Provider
in writing.
30. Proof of posting or dispatch of any notice or communication
to a party shall be deemed to the proof of receipt:
(a) in the case of letter posted in the United States of America
on the 3rd working day after posting;
(b) in the case of facsimile when confirmed by an activity
report indicating that the correct number of pages was sent
to the correct facsimile number and
(c) in the case of e-mail where such-mail has actually been
received by a person designated by the recipient to receive
such a message and such message is in a format decipherable
by the recipient's message or its information system.
31. The Customer shall indemnify, defend and hold harmless
the Provider from any and all liability, penalties, losses,
damages, costs on a solicitor and client basis, expenses,
attorneys' fees of whatever nature arising out of or in connection
with any claim or action made against the Provider caused
by or resulting directly or indirectly from the use of the
services herein without any limitation or exception or from
the conduct of the Customer. This indemnification and hold
harmless agreement extends to all issues associated with your
account, including but not limited to domain name selection
and Web site content.
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