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Acceptable
Uses Policy and terms of service.
for all yourfavorite.com customers and customers of
affiliate sites.
As a
yourfavorite.com customer, you must agree to these terms of
service. Use of yourfavorite.com products and/or services
constitutes agreement to the following terms:
The Internet is
intended for use by mature adults (and by minors when supervised
by mature adults). Our customers are expected to use the Internet
with respect, courtesy, and responsibility, giving due regard to
the rights of other Internet users. The customer is expected to
have a basic knowledge of how the Internet functions, the types of
use which are generally acceptable, and the types of use which are
to be avoided. Common sense is the best guide as to what is
considered acceptable use. The following are unacceptable
uses of services including, but not limited to software and web
hosting:
Illegality
in any form, including but not limited to
activities such as unauthorized distribution or copying of
copyrighted software, violation of U.S. export restrictions,
harassment, fraud, trafficking in obscene material, drug dealing,
and other illegal activities.
Net abuse,
including but not limited to activities such as using a
non-existent email return address on a commercial solicitation,
use of email addresses gathered from an FFA site, spamming
(sending unsolicited advertising to numerous email addresses or
newsgroups and/or generating a significantly higher volume of
outgoing email than a normal user), allowing spamming by third
parties to promote a web site hosted by us, trolling (posting
outrageous messages to generate numerous responses), mailbombing
(sending multiple messages without significant new content to the
same user), subscribing someone else to a mailing list without
that person's permission, cross-posting articles to an excessive
number of newsgroups, transmitting a virus over the Internet to
one or more users or systems, or attempting without authorization
to enter into a secured computer system. Yourfavorite.com reserves the right to
determine what constitutes net abuse. Customers will take full
financial responsibility for any incident of net abuse.
Tortuous
conduct, including but not limited to posting of
defamatory, scandalous, or private information about a person
without their consent, intentionally inflicting emotional
distress, or violating trademarks, copyrights, or other
intellectual property rights.
Prohibited Content, including but not limited to
any material considered "adult" or requiring screening
or monitoring to prohibit minors or any other group from viewing
the contents. Yourfavorite.com and finitesite.com have a
right to determine what material is considered
"adult". Any use of adult material on
finitesite.com servers will result in fines according to the abuse
terms. Also, illegal content or scams, including but not
limited to pyramid schemes or investment opportunities not
properly licensed or regulated. No gambling or lottery sites
are allowed. Hosting content [for free sites only] cannot directly
compete with finitesite.com, yourfavorite.com or its affiliates.
Yourfavorite.com determines what content is considered
competitive.
Misuse of
system resources, including but not limited to employing
posts or programs which consume excessive CPU time or storage
space; permitting use of mail services, mail forwarding
capabilities, POP accounts, or autoresponders other than for the
customer's own account; resale of access to CGI scripts installed
on our servers; or attempting to use a single customer account for
third party web sites by allowing more than one domain pointer to
be used to reference pages within the customer's site
Hijack of
resources and/or systems, including but not limited to using
resources such as SMTP or MAIL servers and NET addresses without
prior authorization. By using system resources without
having an established account with yourfavorite.com, or an
affiliate, you will automatically become responsible for payment
of $55 per hour for any necessary administrator time that may
result from your actions. You will also be responsible for all
incidental expenses that may result from your actions. This
includes, but is not limited to time for virus removal, system
hardware or software repair, phone time, and letter writing. You
will also be responsible for all costs for collection. Use
of system resources without placing an order and receiving
official permission will initiate your unconditional agreement to
the terms of service on this page.
DEFINITIONS:
1. "Plans" means
proposals for offering various services,
to be provided by
yourfavorite.com, or an affiliate, as published in current
literature. Current literature is a flyer, proposal, pamphlet,
brochure or web-page that has been updated or issued within the
last 30 days.
2. "Customer" means
an end user who is utilizing services provided by yourfavorite.com
or affiliates. A "user" is a "customer" by
definition, although "users" may not pay for services
that are provided for for free such as eTrader newsletter, or
finitesite.com free hosting.
3. PRICES
A. All prices for plans
provided by yourfavorite.com to
Customer are US
dollars, although .co.uk domain names may be marketed in pounds
sterling, and later converted to dollars.
B. Customer shall be
responsible for paying all taxes
of any nature that become due with regard to
yourfavorite.com services, except for taxes
on yourfavorite.com's income, irrespective of which party may be
responsible for reporting or collecting such taxes.
C. Any
notification of rate increases or plan changes for customers who
are on a monthly, quarterly, annual or other billing cycle will be
sent to the customer at least 14 days in advance of the next
billing cycle. Rates are subject to change unless the plan
selected is for a specified term and that term is still in effect.
In this case, prior rates are honored until the term expires.
4. ORDER ACCEPTANCE, PAYMENT
A. All orders are subject to
acceptance by yourfavorite.com. An order will be deemed accepted
by yourfavorite.com when written confirmation of the order is sent
to Customer. Yourfavorite.com may
refuse to accept any order, or delay acceptance pending
fulfillment of conditions yourfavorite.com may choose to impose.
Such refusal or such conditions may not be unreasonable, however,
and yourfavorite.com agrees to provide Customer with reasonable
notice via Email or fax of any intent to delay or decline the
acceptance of any order.
B. Payment and Terms: Payment
shall be made in US dollars to yourfavorite.com into the account
designated by yourfavorite.com,
or as may otherwise be agreed in writing by the
parties. Payments are due upon account
activation and future renewal. Accounts that bill automatically
may bill to your default method of payment on file up to 30 days
in advance or arrears of your absolute due date. If due to bank
charges, transfer fees, or the like, yourfavorite.com should
receive less than its invoice amount, yourfavorite.com will
re-invoice Customer for the shortfall. Should payment in full of
any invoice (aside from such shortfalls) not be received by
yourfavorite.com, yourfavorite.com may impose a debt service
charge amounting to one percent (1%) of the overdue balance for
each month or fraction thereof the overdue amount remains unpaid.
yourfavorite.com may also choose to impose service charges,
typically $35 per incident.
C. Monthly,
quarterly or annual billing arrangements for hosting and other
ongoing services are automatically billed to your default payment
method on file. Billing is usually on the 1st and 15th day
of the month, however, billing and posting dates will vary and can
be up to 30 days in advance or arrears of your actual bill date.
Accounts will continue to bill until cancelled in accordance with
the official cancellation policy.
D. Yourfavorite.com may
discontinue, withhold, or suspend services to Customer and/or its
customer(s) to whom such unpaid amounts relate. Unpaid
balances over $4.99 will result in account termination.
Yourfavorite.com will give reasonable notice to the customer,
although we are not required to do so under this agreement, and
the customer waives all right to receive notice by accepting these
terms.
5. DUTIES OF yourfavorite.com
for name registration.
Yourfavorite.com will
acquire, on request, an Internet Domain Name on behalf of the
Customer. In such case the Customer hereby must waive in writing
prior to acquisition of said domain name, any and all claims which
it may have against yourfavorite.com for any loss, damage, claim
or expense arising out of, or in relation to, the registration of
such Domain Name in any on-line or off-line network directories,
membership lists or registration lists, or the release of the
Domain Name from such directories or lists following the
termination of services by yourfavorite.com for any reason. Any costs
of yourfavorite.com in obtaining or maintaining a domain name for
Customer or its customers shall be immediately reimbursed to
yourfavorite.com upon from yourfavorite.com to Customer.
These fees include and are not limited to hosting fees, and
banking fees, including surcharges and service fees.
6. RULES AND REGULATIONS
Yourfavorite.com may impose
reasonable rules and regulations regarding the use of its services
from time to time. Customer shall impose such rules and
regulations on its customers to the extent necessary to ensure
compliance. This information is posted on the Internet at:
http://yourfavorite.com
7. LIMITATION OF
yourfavorite.com’s OBLIGATIONS AND
LIABILITY
A. Yourfavorite.com will
utilize its best efforts to maintain acceptable performance of
services contracted for services, but yourfavorite.com makes
absolutely no warranties whatsoever, express or implied, including
warranty of merchantability or fitness for a particular purpose.
Yourfavorite.com cannot guarantee continuous service, service at
any particular time, or integrity of data stored or transmitted
via its system, via the Internet or using software products where
information is stored. Yourfavorite.com will not be liable for the
inadvertent disclosure of, or corruption, or erasure of, data
transmitted or received or stored on its system or products.
Yourfavorite.com shall not be
liable to Customer or any of its customers for any claims or
damages which may be suffered by Customer or its customers,
including, but not limited to, losses or damages of any and every
nature, resulting from the loss of data, inability to access
Internet, or inability to transmit or receive information,
inability to access information in a database associated with a
yourfavorite.com software product or service caused by, or
resulting from, delays, non-deliveries, or service interruptions,
whether or not caused by the fault or negligence of
yourfavorite.com.
B. Yourfavorite.com may
discontinue servicing any Plan, or may require fulfillment of
conditions yourfavorite.com may choose to impose as a prerequisite
for continuing to service any Plan for any reason, including
unpaid balance and abuse of services.
C. Services provided by
yourfavorite.com to Customer shall be deemed accepted for all
purposes ten (10) days after activation
or renewal for such services, if no written claim
or objection regarding such services has been received by
yourfavorite.com within the 10-day period, no claim related to
such accepted services shall
be raised.
D. Yourfavorite.com’s
liability to Customer, and any end user of any Plan or other
yourfavorite.com services is limited to the amount paid to and
received by yourfavorite.com for services not accepted. In no
event shall yourfavorite.com be liable to Customer, or any end
user or any other entity for any special, consequential, or other
damages, however caused, whether for breach of contract,
negligence or otherwise, even if yourfavorite.com has been advised
of the possibility of such damage.
E. Customer will take all
necessary measures to preclude yourfavorite.com from being made a
party to any lawsuit or claim regarding yourfavorite.com services
provided to any Customer or end user. Customer hereby agrees to
indemnify and hold harmless yourfavorite.com from any and all
claims of whatever nature brought by any of Customer's customers
against yourfavorite.com in excess of the remedy set forth in
paragraph 7(D) .
F. Any legal action
involving yourfavorite.com and the Customer must be filed in
Suffolk Superior Court in Boston, Massachusetts.
If yourfavorite.com is owed more than $49
for a period of more than 30 days by a customer, legal action
against the customer may be filed in Boston. All legal fees
will be the responsibility of the customer, and cost of
transportation and lodging while in Boston, will also be the
responsibility of the customer. We may choose to turn
delinquent accounts over to a collection agency, and all agency
fees will be the customer's responsibility. If collection
activity requires legal action, yourfavorite.com may assess what
ever fees necessary to achieve full collection of funds due,
rather than settlement for any partial amount.
8. PROPERTY
RIGHTS
Yourfavorite.com owns all
right, title and interest in yourfavorite.com’s trade names,
service marks, inventions, copyrights, trade secrets, patents, and
know-how relating to the design, function, or operation of Plans
and of the hardware and software systems and resources necessary
to provide the individual service elements of which they consist.
This agreement does not constitute a license to Customer to use
yourfavorite.com's trade names or service marks. The use by
Customer of the other property rights mentioned here is authorized
only for the purposes of marketing and selling Plans in the
Territory.
9. CONFIDENTIALITY
Customer acknowledges that by
reason of its relationship with yourfavorite.com hereunder, it may
have access to certain information and materials relating to
yourfavorite.com’s business, plans, customers, software
technology, and marketing strategies that is confidential and of
substantial value to yourfavorite.com, which value would be
impaired if such information were disclosed to third parties.
Customer agrees that it will not use in any way for its own
account nor for the account of any third party, nor disclose to
any third party, any such information revealed to it by
yourfavorite.com. Customer further agrees that it will take every
reasonable precaution to protect the confidentiality of such
information. In the event of termination of this agreement, there
shall be no use or disclosure by the Customer of any such
confidential information in its possession, and all confidential
materials shall be returned to yourfavorite.com or destroyed. The
provisions of this section shall survive the termination of the
agreement for any reason. Upon any breach or threatened breach of
this section, yourfavorite.com shall be entitled to injunctive
relief, which relief shall not be contested by Customer.
10. FEES
Yourfavorite.com may also institute fees on a customer's account
in the following circumstances:
ABUSE - When the customer has
violated the yourfavorite.com abuse policy or terms of this
contract, yourfavorite.com reserves the right to bill the
customer's default payment method, or any valid payment method on
file for the following fee schedule. $50 for the first
incident, plus actual cost of any damages; $100 for the second
incident, plus actual cost of damages; $1000 for third offense,
plus actual cost of damages.
NON-PAYMENT - STOP-PAYMENT -
DISPUTED PAYMENTS - If the customer's check is returned for NSF,
ISF, Stop Payment, closed account or any other reason, other than
clerical error on behalf of yourfavorite.com, the customer's
checking account will be billed $35 plus the actual total face
value of the check. Disputed credit card charges that result
in action from yourfavorite.com's BankCard provider, otherwise
known as "chargebacks," through MasterCard, Visa,
American Express, Discover, or CardService International, will
result in a fee of $49, plus actual cost of collections. Customer
must adhere to all refund policies, and disputes are not valid if
they fall beyond the terms of this agreement or any amendment on
the face of a yourfavorite.com or affiliate invoice.
11. TERM, TERMINATION:
This agreement shall run in
accordance with the term of the initial order. It shall be automatically
renewed on a regular basis in accordance with the term
of the initial order or subsequent change to that term unless
terminated in one of the following ways:
A. By customer, by notifying
yourfavorite.com in writing ten (10) days prior to renewal of this
agreement. Written notification can consist of a fax with fax
confirmation service, a letter sent to P.O. Box 641, Boston, MA
02123 addressed to yourfavorite.com cancellations, or an eMail
sent to cancellations@yourfavorite.com.
B. By yourfavorite.com, upon
thirty (30) days' written notice, unless
the Customer is in payment default, or terms of this contract were
violated, where yourfavorite.com may terminate or suspend the
customer at any time without notice.
D. By yourfavorite.com,
immediately upon giving written notice
to Customer, in the
event that:
1. Any bank draft or check
delivered by Customer to yourfavorite.com in payment for Products
is returned unpaid and Customer fails to remedy such nonpayment
within three business days after written notice is sent;
2. Customer becomes more than
14 days in arrears in payment of its account with
yourfavorite.com;
3. There are instituted
bankruptcy or insolvency proceedings against Customer, which are
not vacated within thirty (30) days from the date of filing;
4. Customer institutes
voluntary bankruptcy or insolvency proceedings, or otherwise
admits insolvency; or
5. Customer makes an
assignment of all or part of its assets for the benefit of
creditors.
E. By yourfavorite.com
immediately, if Customer attempts to assign all or any part of
this Agreement without yourfavorite.com's
prior written approval;
F. By yourfavorite.com
immediately, if Customer fails to inform yourfavorite.com in
writing immediately on the happening of any event specified in
this section;
G. By Customer, immediately
upon giving written notice to yourfavorite.com, if
1. There are instituted
bankruptcy or insolvency proceedings against yourfavorite.com,
which are not vacated within sixty (60) days from the date of
filing;
2. yourfavorite.com
institutes voluntary bankruptcy or insolvency proceedings, or
otherwise admits insolvency;
3. yourfavorite.com makes an
assignment of all or part of its assets for the benefit of
creditors; or
4. yourfavorite.com fails to
inform Customer in writing within 72 hours on the happening of any
event specified in this section.
The provisions of paragraphs
in this agreement survive any termination of this agreement.
12. NONASSIGNABILITY
Customer's rights and
obligations under this agreement may not
be transferred or assigned directly or indirectly
without the prior
written consent of yourfavorite.com, which consent shall not be
unreasonably refused.
13. PARTIAL INVALIDITY
If any provision of this
agreement is held to be invalid by Suffolk Superior Court in
Boston or any other court where proceeding regarding this contract
may be held, then the remaining provisions shall nevertheless
remain in full force and effect. yourfavorite.com and Customer
agree to renegotiate in good faith any term held invalid and to be
bound by mutually agreed substitute provision.
14. APPLICABLE LAW,
JURISDICTIONAL MATTERS
This agreement takes effect
when accepted by yourfavorite.com in Boston.
It is to be governed by and
construed under the laws of the State of Massachusetts, and the
United States of America. The federal and state courts of the
State of Massachusetts shall have exclusive jurisdiction to
adjudicate any non-arbitrable dispute arising out of this
agreement. Customer hereby expressly consents to
(1) the jurisdiction of the
courts of Massachusetts and (1) service of process being effective
upon it by registered mail sent to the address set forth at the
beginning of this document or on the original order, as may be
changed from time to time by written notice actually received by
yourfavorite.com. To the extent permissible by the law of
Customer's jurisdiction, Customer waives any requirement that
service of process or of any documents be made upon it pursuant to
the provisions of the Hague Convention.
15. NOTICES
Except with respect to
service of process as set forth in paragraph 12, all notices may
be sent by email, fax, or express mail to the email address, fax
number, or address most recently provided and will be effective
upon transmission. Evidence of successful transmission shall be
retained.
17. ENTIRE AGREEMENT;
MODIFICATIONS
This agreement sets forth the
entire agreement and understanding between the parties and merges
all prior discussion between them. yourfavorite.com may make
changes to this agreement upon thirty (10) days' written notice to
Customer, advising of the change and the effective date thereof.
Utilization of
yourfavorite.com services by Customer and/or its Customers
following the effective date of such change shall constitute
acceptance by Customer of such change(s).
Any omissions from the
finitesite.com terms of service are published at the following
url:
http://yourfavorite.com/about/tos.htm
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