Elliott's Computers

1.Service is billed annually. Any cancellation must be made in writing (e-mail, FAX, or U.S. Post Office Mail) and will become effective at the end of the one-year contract term. Upon cancellation of service, for any reason, all outstanding charges for hosting services will be due immediately. Elliott's Computer Corner reserves the right to change the rates and otherwise modify these Terms and Conditions by notifying you 30 days in advance of the renewal date of this contract.

2.The fees charged to you for web development are non-refundable.

3.Monthly service is billed by e-mail and should be paid by check or credit card. If said checking is declined by issuing bank for any reason, all services provided by Elliott's Computer Corner will be suspended until payment in full for unpaid services and fees resulting in non or declined payment is received. It is not the responsibility of Elliott's Computer Corner or it’s employees to contact said issuing bank, of non-payment. In instance of bank error, Elliott's Computer Corner will remove any late payment or returned payment charges upon receipt of written explanation of non or returned payment from issuing bank.

4. Fee for returned personal or company check is $25.00. Fee for late payment is $15.00. Any service disconnection or suspension shall require a $15.00 re-connect fee.

5.Elliott's Computer Corner reserves the right to decline any services to any customer for any reason.

6.Additional bandwidth usage over the amount allotted in the hosting plan or the pre-arranged, pre-paid amount will be billed at the end of that month. Billing of additional bandwidth usage is subject to all other terms of this agreement.

7. Use of Elliott's Computer Corner systems constitutes acceptance of these Terms and Conditions.

The subscriber agrees to the following Terms and Conditions of this Elliott's Computer Corner Hosting Contract (hereinafter the Contract).

1.The phrase "the Company" refers to Elliott's Computer Corner abbreviated as ECC. The phrase "the subscriber" refers to the person or entity which uses Elliott's Computer Corner systems. The use of Elliott's Computer Corner hosting services constitutes acceptance of these Terms and Conditions.

2.Services provided to the subscriber by the Company may only be used in accordance with all applicable laws, statutes, regulations and rules and solely for lawful purposes. Transmission, promulgation, theft, procurement of, communication, alteration, publication or storage of any information, protected material/property, data or material in violation of any National Law of any sovereign nation, or of International Law, the United States Code, or of any state or local law, statute, regulation or rule is strictly prohibited. This includes, but is not limited to any material, data, matter, software/software code, intellectual property, protected by copyright, trade mark, privacy or other proprietary, personal or property right, trade secret, or any other statute. It is unlawful and a violation of this Contract to communicate, transmit, or promulgate in any matter, means or medium, material legally judged to be threatening, any threatening or harassing communication of any sort, or to otherwise use these services for any illegal or unlawful purposes.

3.Any attempt to violate the security, stability, or integrity of any Elliott's Computer Corner servers is strictly prohibited and grounds for cancellation of services and legal action.

4.All Trademarks are property of their respective owners.

5.The subscriber agrees to indemnify and hold harmless ECC, its officers, agents and employees and its other subscribers from any and all claims, costs, expenses, judgments, causes of actions, attorneys fees, litigation and court costs resulting from the subscriber's use of Hosting Services in any manner, whether directly, indirectly or by any act of commission or omission.

6.The subscriber is solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations pertaining (i) to the subscriber's use any Hosting Services, and (ii) the communications means by which the subscriber connects their terminal or PC to Hosting Services or any other service provided by the Company.

7.Hosting payments are due the on the first day of each month. Payment is for the current month (e.g. April's fee is due April 1). Payments not made by the 10th day of the commencement of the payment period are to be considered delinquent and will be charged interest at the rate of 1.5% per month (18% per cent per annum), or the maximum permitted legal rate, whichever is higher. Returned checks will be charged a fee of the maximum pecuniary penalty permitted by law.

8.In the event the Company is required to engage the services of an attorney because of a breach by the subscriber of any of the terms herein contained, the subscriber agrees to pay all of the Corporation's reasonable attorneys fees and court costs. Upon breach of this Contract, all of subscriber's rights and privileges shall be immediately terminated and upon any such termination for breach of the provisions of this Contract, or the breach of any applicable law or statute governing the use of the services provided, all subscriber fees shall be forfeited as liquidated damages to the Corporation.

9.The subscriber agrees that the Company has the right to delete all data, files or other information that is stored in the subscriber's account if the subscriber's account is terminated, for any reason, by either the Company or the subscriber. This does NOT apply to subscribers who have contracted Elliott's Computer Corner to create their site. These subscribers will have their site content delivered to them by email or postal mail in the event the subscriber's account is terminated.

10.The subscriber rights herein granted cannot be transferred, shared, sold, or used by anyone other than the subscriber.

11.Accounts on Hosting services can be canceled at any time by either the Company, upon receipt of written notice sent by the subscriber to the address of the Company listed in this Contract, or by the Company, upon 10 days written notice sent to the last mailing address listed with the Company by the subscriber on the Account Application. It shall be the responsibility of the subscriber to update the Company informed with a valid mailing address to which notice can be sent. The foregoing provisions to the contrary notwithstanding, the Company can immediately terminate the subscriber's access to Hosting Services for breach of paragraph 2.

12.The Company shall have the right to suspend service to the subscriber at any time, for reasonable cause (such as Unsolicited Commercial Email).

13.The subscriber certifies that he or she is at least 18 years of age, and agrees to assume the responsibility of a parent or guardian for any minors who may have access to the subscriber's account provided by Hosting.

14.Limited warranty. ECC warrants that, if a subscriber is not provided the service as discribed in this contract and is dissatisfied with the service, ECC will, upon written notification received from the subscriber to the company, refund the service fees for the current month of the date of receipt of written notice and any prepaid fees for future months. Other than the foregoing, no warranty is made by ECC regarding any information, services or products provided through, in connection with, or located on the computer systems of the hosting services of other services provided by ECC, and therefore hereby expressly disclaims any and all warranties, including without limitation: (i) any warranties as to the availability, accuracy, or content of information, products, or services; and (ii) any warranties of merchantability or fitness for a particular purpose.

15.Limited liability. Any liability of the company including without limitation any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, electrical surge/damage/interference, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction of or unauthorized access to, alteration of, or use of records whether for breach of contract, tortuous behavior, negligence, or under any other cause of action, shall be strictly limited to the amount paid by or on behalf of the subscriber to the company for the current month.

16. SPAM. ECC does not allow email spamming from accounts on our machines or from any machine not on ECC's network where the recipient of the bulk mailing response is either a web site hosted by ECC or an email account on a ECC server. "Spamming" is defined as sending unsolicited email to a list of email addresses. We judge whether an email spam has occurred by the nature and volume of complaints we receive from people who receive the email. When you have Web space with us and spam from another account or machine advertising a site you have hosted with us, you could LOSE YOUR ACCOUNT, no questions asked.

17.Netscape, Netscape Navigator, and the Netscape Logo are registered trademarks of Netscape Communications, Inc. Windows, Windows 95, Windows NT, and The Microsoft Internet Explorer are registered trademarks of Microsoft, Inc.

18.No warranties are expressed or implied. No warranties with respect to the service to be provided hereunder, client acknowledges that ECC makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness of this service for a particular purpose. As a result, client agrees that ECC shall not be liable to client or any of its customers for any claims or damages which may be suffered by client or its customers, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, or inability to transmit or receive information, caused by, or resulting from, delays, non-deliveries, or service interruptions whether or not caused by the fault or negligence of ECC. Client hereby agrees to indemnity and hold harmless ECC from any and all claims of whatever nature brought by any of client’s customers against ECC.

19.Upon acceptance of the subscriber's Account Application and upon payment as provided therein, the subscriber will be provided with the subscriber's personal access instructions and access to the Hosting services selected, which permissions shall remain valid and in force and effect during the term of this Contract.

20.This Contract represents the complete understanding between the parties as to the subject matter hereof, and supersedes all prior written or oral negotiations, representations, guaranties, warranties, promises, orders, statements or agreements between the parties or any statement or representation made or furnished by any other person representing or purporting to represent either party.

21.These Terms and Conditions supersede all previous representations, understandings or agreements. If any part of this agreement is decided by a jury to be contrary to law, the rest of the agreement remains in full force and effect. Use of Elliott's Computer Corner systems constitutes acceptance of these Terms and Conditions.

Send mail to info@elliottscomputers.com with questions or comments about this web site.
Copyright © 2000 Elliott's Computer Corner
Last modified: December 08, 2005

NOTICE TO BULK E-MAILERS
Pursuant to US Code, Title 47, Chapter 5, Subchapter II, p.227, any and all non-solicited commercial E-mail sent to this address is subject to a download and archival fee in the amount of $500 US. Anyone who sends unsolicited commercial e-mail to this account will be charged a $500 proofreading fee. Consider this official notification. Failure to abide will result in legal action.