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IMPORTANT NOTICE: *All
Payments To 1st-amendment.org Are Non-Refundable After 30 Days*
1st-amendment.org, Inc. ("The Company") agrees to furnish services to the
Subscriber, subject to the following TOS (Terms of Service).
Use of 1st-amendment.org Service constitutes acceptance and agreement to
1st-amendment.org's AUP as well as 1st-amendment.org's TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of
1st-amendment.org, Inc. and AUP (Acceptable Use
Policy). The AUP
may be changed from time to time at the discretion of the Company.
Subscriber understands that change to the AUP by the Company shall not be
grounds for early contract termination or non-payment. All hosting sales
whether shared hosting or co-location implies that a minimum of a one year
contract is established, all sales are final and their are no refunds after
30 days of signing up. Canceling your account early requires that you pay
exit fees for the remaining hosting and or co-location months of the contract.
This Agreement shall be construed in all respects in accordance with the
laws of the state of Texas, county of Harris applicable to contracts
enforceable in that state. Venue will be Harris County, Texas
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Disclosure to Law Enforcement: The
AUP
specifically prohibits the use of our service for illegal activities.
Therefore, Subscriber agrees that the Company may disclose any and all
subscriber information including assigned IP numbers, account history,
account use, etc. to any law enforcement agent who makes a written request
without further consent or notification to the Subscriber, should a
warrant be served requiring us to do such.. In addition 1st-amendment.org
shall have the right to terminate all service set forth in this Agreement.
We have a zero tolerance policy for illegal spam and wares sites.
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Service Rates: Subscriber acknowledges that the
nature of the service furnished and the initial rates and charges have
been communicated to Subscriber. Subscriber is aware that the Company may
prospectively change the specified rates and charges from time to time.
The promotional offer is contingent upon Company achieving and maintaining
its cost of service goals including but not limited to rates charged to
company by its suppliers.
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Payment: Hosting or Co-location accounts set up
are in a contract of compensation for at least a one year period. Establishment of this service is
dependent upon receipt by the Company of payment of stated charges.
Subsequent payments after one year are due on the anniversary date of the month for that
month's service. All accounts and services provided by 1st-amendment.org
are subject to the current tax rate as imposed by the City of Houston,
State of Texas which is currently 8.25%. 80% of the monthly service charge
is subject to the 8.25% tax rate, while the remaining 20% of the monthly
service charge is not taxed. 100% of the setup fee is subject to the 8.25%
tax rate. The above applies to all accounts and services provided by
1st-amendment.org.
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Payments and Fees: Accounts not paid by due date
are subject to a 5% late fee. Accounts that are not collectable by
1st-amendment.org may be turned over to an outside collection agency for
collection. If you sign up with the hosting or Co-Location service it is
establishing a one year contract, if you break that 1 year contract you
are liable for all the exit fees which are the remainder of the months
cost. If your account is turned over for collection, you agree to
pay the company a "Processing and Collection" Fee of not less than $50 nor
more than $150. If you desire to cancel your account, please follow the
proper procedure to do this as outlined in this TOS, which is to give at
least a 60 day notice.
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Refund and Disputes: It is understood that all
accounts are setup for at least a one year contract, if the customer
cancels the account before the one year time limit is up, the client is
liable for paying the remaining months of the contract. All payments to
1st-amendment.org, Inc. are nonrefundable after the trial
period which is 30 days after site is setup. Specifically, refunds will
be honored within thirty days only after your web site has been set up
and with the circumstance that we did not honor our guarantee to ensure
your website was up and running with 99% uptime. Refunds will NOT be
processed for individuals for any other reason. All Sales are Final
otherwise. We state everything clearly and explicitly on our website,
and any misunderstanding by a customer or the failure to research and
read our AUP and TOS is not the responsibility of 1st-amendment.org and
is not a valid reason for a refund. All customers signing up for service
with 1st-amendment.org are required to read and accept our AUP and TOS.
No Exceptions! There is no refund for the one time setup fee and subsequent charges regardless of
usage. All overcharges or billing disputes must be reported within 60 days
of the time the dispute occurred. If you dispute a charge to your credit
card issuer that, in 1st-amendment.org's sole discretion is a valid charge
under the provisions of the TOS and /or AUP, you agree to pay
1st-amendment.org an "Administrative Fee" of not less than $50 and not
more than $150.
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Failure to Pay: The Company may temporarily deny
service or terminate this Agreement upon the failure of Subscriber to pay
charges when due. Such termination or denial will not relieve Subscriber
of responsibility for the payment of all accrued charges, plus reasonable
interest and any collection fees. In the case of co-location if payment
isn't received the server will be erased and auctioned on e-bay to recover
the lost compensation from the full one year contract.
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Account Cancellation:
1st-amendment.org's preferred method of cancellation is via contact us page.
Please contact us at
./contact.php.
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Subscriber acknowledges that the service provided is
of such a nature that service can be interrupted for many reasons other
than the negligence of the company and that damages resulting from any
interruption of service are difficult to ascertain. Therefore, subscriber
agrees that the company shall not be liable for any damages arising from
such causes beyond the direct and exclusive control of the company.
Subscriber further acknowledges that the company's liability for its own
negligence may not in any event exceed an amount equivalent to charges
payable by subscriber for services during the period damages occurred. In
no event shall the company be liable for any special or consequential
damages, loss or injury.
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New Domain Accounts: All new web hosting or
co-location accounts
involving new domains will be set up and entered into our DNS servers
within 3 to 5 business days. Due to unforeseen complications, however,
this process may sometimes require up to 7 business days. If the new
domain is registered by the account holder, there will be no handling fee.
If the domain is registered by 1st-amendment.org, Inc. on behalf of the
account holder a handling fee of $20 will be incurred.
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Transfer of Domains: New Co-location or web hosting accounts
which involve the transfer of a domain from another provider to
1st-amendment.org, Inc. will require a minimum of seven (7) days to be set
up and entered into our DNS servers. In some cases, such transfers may
take up to sixty (60) days. Due to the unpredictable nature of the
transfer process, no guarantees are made regarding the amount of time a
specific transfer may take. If the transfer of the domain is done by
1st-amendment.org, Inc. on behalf of the account holder a handling fee
will be incurred. If the customer cancels service during the transfer
period for any reason, all charges are considered earned.
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Support Boundaries: 1st-amendment.org, provides
24 x 7 technical support to our subscribers (except for few holidays and
short company meetings when we close our center.) We limit our technical
support to our area of expertise. The following is our guidelines when
providing support: 1st-amendment.org provides support related to your
web hosting account's physical functioning. 1st-amendment.org does not offer
tech support for application specific issues such as CGI programming,
HTML
or any other such issue. 1st-amendment.org does not provide technical
support for YOUR customers. If you can email, we encourage you to
contact our support center
for assistance. Lastly, the Help files in the program you are using may
have the answer to your question so please do investigate these resources
before contacting tech support.
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SPAM and Unsolicited Commercial Email (UCE):
1st-amendment.org takes a zero tolerance approach to the sending of
Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply
this means that customers of 1st-amendment.org may not use or permit
others to use our network to transact in UCE. Customers of
1st-amendment.org may not host, or permit hosting of, sites or information
that is advertised by UCE from other networks. Violations of this policy
carry severe penalties, including termination of service.
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Violation of 1st-amendment.org's SPAM policy will
result in severe penalties. Upon notification of an alleged violation of
our SPAM policy, 1st-amendment.org will initiate an immediate
investigation (within 48 hours of notification). During the
investigation, 1st-amendment.org may restrict customer access to the
network to prevent further violations. If a customer is found to be in
violation of our SPAM policy, 1st-amendment.org may, at its sole
discretion, restrict, suspend or terminate customer's account. Further,
1st-amendment.org reserves the right to pursue civil remedies for any
costs associated with the investigation of a substantiated policy
violation. 1st-amendment.org will notify law enforcement officials if
the violation is believed to be a criminal offense.
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First violations of this policy will result in an
"Administrative Fee" of $250 and your account will be reviewed for
possible immediate termination. A second violation will result in an
"Administrative Fee" of $500 and immediate termination of your account.
Users who violate this policy agree that in addition to these
"Administrative" penalties, they will pay "Research Fees" not to exceed
$175 per hour that 1st-amendment.org personnel must spend to investigate
the matter. PLEASE, DO NOT SPAM from your account.
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As our Customers are ultimately responsible for the
actions of their clients over the 1st-amendment.org network, it is
advisable that Customers develop a similar, or stricter, policy for
their clients.
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Network
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IP Address Ownership: If 1st-amendment.org
assigns Customer an Internet Protocol address for Customer's use, the
right to use that Internet Protocol address shall belong only to
1st-amendment.org, and Customer shall have no right to use that Internet
Protocol address except as permitted by 1st-amendment.org in its sole
discretion in connection with the Services, during the term of this
Agreement. 1st-amendment.org shall maintain and control ownership of all
Internet Protocol numbers and addresses that may be assigned to Customer
by 1st-amendment.org, and 1st-amendment.org reserves the right to change
or remove any and all such Internet Protocol numbers and addresses, in
its sole and absolute discretion. Our allocation of IP addresses is
limited by ARIN's new policies. These new policies state that use of IP
addresses for IP based virtual hosts will not be accepted as
justification for new IP addresses. What this means to you is that you
MUST use name-based hosting where possible. We will periodically
review IP address usage, and if we find that clients are using IP
addresses where name-based hosting could be used, we will revoke
authorization to use those IP addresses that could be used with
name-based hosting.
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Bandwidth and Disk Usage: Customer agrees that
bandwidth and disk usage shall not exceed the number of megabytes per
month for the Services ordered by Customer on the Order Form (the
"Agreed Usage"). 1st-amendment.org will monitor Customer's bandwidth and
disk usage. 1st-amendment.org shall have the right to take corrective
action if Customer's bandwidth or disk usage exceeds the Agreed Usage.
Such corrective action may include the assessment of additional charges,
disconnection or discontinuance of any and all Services, or termination
of this Agreement, which actions may be taken is in 1st-amendment.org's
sole and absolute discretion. If 1st-amendment.org takes any corrective
action under this section, Customer shall not be entitled to a refund of
any fees paid in advance prior to such action. In the event that a
customer exceeds the included allocation, 1st-amendment.org may, at its
sole discretion, collect a deposit, in an amount determined by
1st-amendment.org, against customer's credit card on file with
1st-amendment.org.
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System and Network Security: Users are
prohibited from violating or attempting to violate the security of the
1st-amendment.org Network. Violations of system or network security may
result in civil or criminal liability. 1st-amendment.org will
investigate occurrences, which may involve such violations and may
involve, and cooperate with, law enforcement authorities in prosecuting
Users who are involved in such violations. These violations include,
without limitation:
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Accessing data not intended for such User or
logging into a server or account, which such User is not authorized to
access.
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Attempting to probe, scan or test the vulnerability
of a system or network or to breach security or authentication
measures without proper authorization.
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Attempting to interfere with service to any user,
host or network, including, without limitation, via means of
overloading, "flooding", "mail bombing" or "denial of service
attacks".
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Forging any TCP/IP packet header or any part of the
header information in any e-mail or newsgroup posting.
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Taking any action in order to obtain services to
which such User is not entitled.
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Notification of Violation:
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1st-amendment.org is under no duty to look at each
customer's or user's activities to determine if a violation of the
AUP has
occurred, nor do we assume any responsibility through our AUP to monitor
or police Internet-related activities.
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First violation: Any User, which 1st-amendment.org
determines to have violated any element of this
Acceptable Use
Policy, shall receive an email, warning them of the violation. The
service may be subject at 1st-amendment.org's discretion to a temporary
suspension pending a User's agreement in writing, to refrain from any
further violations.
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Second Violation: Users that 1st-amendment.org
determines to have committed a second violation of any element of this
Acceptable Use Policy shall be subject to immediate suspension or
termination of service without further notice.
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We reserve the right, to drop the section of IP space
involved in Spam or Denial-of-Service complaints if it is clear that the
offending activity is causing great harm to parties on the Internet. In
certain rare cases, we may have to do this before attempting to contact
you. If we do this, we will contact you as soon as is feasible.
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Suspension of Service or Cancellation:
1st-amendment.org reserves the right to suspend network access to any
customer if in the judgment of the 1st-amendment.org network
administrators the customer's server is the source or target of the
violation of any of the other terms of the
AUP or for any
other reason which 1st-amendment.org chooses. If inappropriate activity is
detected, all accounts of the Customer in question will be deactivated
until an investigation is complete. Prior notification to the Customer is
not assured. In extreme cases, law enforcement will be contacted regarding
the activity. The customer will not be credited for the time the
customer's machines were suspended.
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1st-amendment.org reserves the right to amend its
policies at any time. All users of our network must abide by these
policies set forth. Failure to follow any term or condition will be grounds
for immediate cancellation. You will be held responsible for the actions
of your clients in the matter described on these Terms and conditions.
Therefore, it is in your best interest to implement a similar or stricter
Terms and conditions or otherwise called Acceptable Terms of use policy.
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Indemnification: 1st-amendment.org wishes to
emphasize that in agreeing to the 1st-amendment.org
Acceptable Use
Policy (AUP) and Terms of Service (ToS), customer indemnifies
1st-amendment.org for any violation of the
Acceptable Use
Policy (AUP) and Terms of Service (ToS) that results in loss to
1st-amendment.org or the bringing of any claim against 1st-amendment.org
by any third-party. This means that if 1st-amendment.org is sued because
of a customer's or a customer of a customer's activity, the customer will
pay any damages awarded against 1st-amendment.org, plus all costs and
attorney's fees.
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Miscellaneous Provisions: You must provide us
with, and keep current, good contact information for you. E-mail, fax, and
telephone contacts are used, in that order of preference.
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A waiver by the Company of any breach of any
provision of this Agreement by Subscriber shall not operate as or be
construed as a continuing or subsequent waiver thereof or as a waiver of
any breach of any other provision thereof.
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Subscriber shall not transfer or assign this
Agreement without the prior written consent of the Company. Company may
assign Agreement at anytime without consent from or notice to
Subscriber. Company reserves right to cancel customers rights under this
contract at anytime without further obligation.
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1st-amendment.org takes no responsibility for any
material input by others and not posted to the 1st-amendment.org Network
by 1st-amendment.org. 1st-amendment.org is not responsible for the
content of any other websites linked to the 1st-amendment.org Network;
links are provided as Internet navigation tools only. 1st-amendment.org
disclaims any responsibility for any such inappropriate use and any
liability to any person or party for any other person or party's
violation of this policy.
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1st-amendment.org is not responsible for any damages
your business may suffer. 1st-amendment.org does not make implied or
written warranties for any of our services. 1st-amendment.org denies any
warranty or merchantability for a specific purpose. This includes loss
of data resulting from delays, non-deliveries, wrong delivery, and any
and all service interruptions caused by 1st-amendment.org.
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If services are severed with 1st-amendment.org, all
files, databases, etc. will be deleted within 24 hours of contract
severance and the customer is liable to paying the remaining months of
the one year contract is implied. It is the customers responsibility and duty to have current
login information and to backup all files associated with hosting.
1st-amendment.org is not responsible for data loss associated with
contract severance.
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Customer is responsible for data stored on
1st-amendment.org. Due to the nature of the internet and hard/software
data loss may be possible. Backup programs are offered and it is the
customers responsibility to make use of them. 1st-amendment.org is in no
way responsible for data loss caused by measures outside of our control.
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Responsibility for Content: You, as
1st-amendment.org's customer, are solely responsible for the content
stored on and served by your 1st-amendment.org server. 1st-amendment.org
rents/leases its servers from ev1servers.net and it is the
responsibility of 1st-amendment.org to not only have and enforce it's
own TOS/AUP but to honor the AUP/TOS of ev1servers.net.
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