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ALL PAYMENTS ARE NON REFUNDABLE. REFUNDS MAY BE GIVEN AT STEADY COMMUNICATIONS, LLC'S OWN DISCRETION
As a provider of web site hosting and other Internet-related services, Steady Communications, LLC offers its customer (also known as "Subscribers", "Client", "You", "User", "Customer") and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. Steady Communications, LLC respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, Steady Communications, LLC reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, Steady Communications, LLC has developed Terms of Service ("TOS") which supplements and explains certain terms of each customer's respective service agreement, and is intended as a guide to the customer's rights and obligations when using Steady Communications, LLC' services. This document will be revised from time to time.
One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Steady Communications, LLC cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because Steady Communications, LLC cannot monitor or censor the Internet, and will not attempt to do so, Steady Communications, LLC cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.
When subscribers disseminate information from the Internet, they must keep in mind that Steady Communications, LLC does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over Steady Communications, LLC' network and may reach a large number of people, including both subscribers and non-subscribers of Steady Communications, LLC, subscribers' postings to the Internet may affect other subscribers and may affect Steady Communications, LLC' goodwill, business, reputation or operations. For these reasons, subscribers violate Steady Communications, LLC policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:
All services provided by Steady Communications, LLC ("Steady Communications, LLC") may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Steady Communications, LLC from any claims resulting from the use of service which damages the subscriber or any other party.
Prohibited are sites that promote any illegal activity or present content that may be damaging to Steady Communications, LLC' servers, or any other server on the Internet. Links to such materials are also prohibited. Any threats to any staff member (of any kind) but not limited to threats of paypal complaints, threats of chargebacks will result in the client's account being cancelled without any refund nor prior notification.
SHOULD YOUR ACCOUNT BE FOUND TO CONTAIN ILLEGAL MATERIAL (UNITED STATES LAWS APPLY FULLY), IT WILL RESULT IN THE CANCELLATION OF YOUR ACCOUNT AND A $50 CANCELLATION FEE WILL BE APPLIED AUTOMATICALLY. Steady Communications, LLC WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS AND YOU WILL BE ASKED TO PAY ALL DUE FEES INCLUDING THE CANCELLATION FEE. FAILURE TO PAY THE FEES WILL RESULT IN PROPER COURT ACTION AND LEGAL OR FEDERAL ACTIONS TAKEN.
By the Account Activation Date of each month, Steady Communications, LLC shall either:
(1) debit the client's credit card (when such information has been provided by the client); or
(2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to Steady Communications, LLC by no later than the specified payment due date. Steady Communications, LLC shall be entitled to immediately terminate this agreement for client's failure to make timely payments. You will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly basis. It is the client's responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.
1.1 Late Fee Schedule For All Services:
Accounts 2 days past Due: Suspension of service and $25 late fee applied to the account.
Accounts 3 days past Due: Server will be permanently disconnected and account will be deleted with us.
Note: Failure to pay a service in time may result in other services with us being suspended and / or terminated. SteadCom reserves the right to decide which services are to be suspended and / or terminated at its own discretion.
1.1a Cancellation Policy
All accounts must be canceled 2 days (48 hours) prior to the renewal date. Failure to do so will result in an automatic renewal of service. Cancellations past the 7 day period will result in an immediate account termination with no refunds given. Failure to pay an account renewal because of non-compliance to the cancellation policy, will result in a $50 processing fee and additional collection procedures will be taken to collect the due amount as well as any legal fee associated to actions that may arise from the collection procedures.
1.2 Service Fees
Certain services carry a setup fee charged by Steady Communications, LLC to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to Steady Communications, LLC and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination.
1.2a Network Bandwidth Usage
Steady Communications, LLC shall monitor the bandwidth usage and take corrective action if a cutomer's usage negatively affects other clients. Steady Communications, LLC shall take such actions at its own discretion.
1.3 Money back guarantee & refund policy
Steady Communications, LLC has a no refund policy. All payments made to Steady Communications, LLC are non-refundable. Steady Communications, LLC shall credit clients through the billing systems through our "credit system" which shall be used for future service(s) with Steady Communications, LLC. All credits are not redeemable for cash.
1.4 Chargebacks
Customers doing a chargeback against Steady Communications, LLC will be charged a $150 processing fee as well as the due service fees that were charged-back. Failure to comply will result in an additional $50 fee assessed to the client. Failure to pay those fees will result in legal remedies against the client in the city of Boca Raton, Palm Beach County, Florida. Any PayPal complaint will be considered a chargeback and will result in the immediate termination of the account without notification nor refund.
1.4a Suspension of Service or Cancellation:
Steady Communications, LLC. reserves the right to suspend network access to any customer if in the judgment of the Steady Communications, LLC 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 Steady Communications, LLC chooses.
1.4b Threats and Abuse
Steady Communications, LLC. shall not be recipient of any threats or abuse. Any client found to be threatening or abusing our staff will be immediately terminated without prior notification. Steady Communications, LLC. shall decide at its sole discretion if the client is threatening or abusing our staff.
1.5 Disclaimer
Steady Communications, LLC cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by Steady Communications, LLC are resold. Thus, certain equipment, routing, software and programming used by Steady Communications, LLC are not directly owned or written by Steady Communications, LLC. Moreover, Steady Communications, LLC holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as Steady Communications, LLC sees fit.
1.6 Warranty
Steady Communications, LLC's services are provided on an "as is, as available" basis. No warranties, express or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, are made with respect to Steady Communications, LLC or any information or software therein. You release Steady Communications, LLC from and Steady Communications, LLC shall have no liability or responsibility for any direct, indirect, incidental or consequential damages suffered by you in connection with your use of or inability to use Steady Communications, LLC services including, but not limited to, damages from loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions, or due to inadvertent release or disclosure of information sent by you even if the same is caused by Steady Communications, LLC' own negligence. Without limiting the generality of the foregoing, Steady Communications, LLC disclaims to the full extent permitted by applicable law any responsibility for (and under no circumstances shall be liable for) any conduct, content, goods and services available on or through the Internet or the Steady Communications, LLC services. In no event shall Steady Communications, LLC aggregate liability exceed the amount paid by you to Steady Communications, LLC for Steady Communications, LLC services. Use of any information obtained via Steady Communications, LLC' Internet service is at the user's own risk. Steady Communications, LLC specifically disclaims any responsibility for the accuracy or quality of information obtained through its services. Steady Communications, LLC reserves the right to terminate service, without refund, to any client whom violates the terms outlined in this, our Terms of Service.
3.6 Limitation of Liability
Steady Communications, LLC shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Steady Communications, LLC ' servers going off-line or being unavailable for any reason whatsoever. Furthermore, Steady Communications, LLC shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Steady Communications, LLC ' servers. All damages shall be limited to the immediate termination of service. Any legal remedies must be filed in the city of Boca Raton, Palm Beach County. All legal recourses filed anywhere other than the above city and county shall be void. The client agrees to indemnify Steady Communications, LLC and agrees not to sue for any service releated claims.
3.7 Violations
Violations of these Terms of Service and / or Acceptable Use Policies should be referred to legal@SteadCom.com. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.
Steady Communications, LLC reserves to right to change without notice the Steady Communications, LLC service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors and services offered.
Steady Communications, LLC reserves the right to edit this document without any notification to customers. Customers are expected to regularly read this page in order to stay up to date with our terms of service
Client agrees that it shall defend, indemnify, save and hold Steady Communications, LLC harmless from any demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against Steady Communications, LLC, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Steady Communications, LLC against Liabilities arising out of:
1) any injury to person or property caused by any products sold or otherwise distributed in connection with Steady Communications, LLC;
2) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party;
3) copyright infringement and
4) any defective product which Client sold on Steady Communications, LLC Server.
5) Any monetary loss
We reserve the right to refuse, cancel or suspend service, at our sole discretion. This may be done without giving the customer the opportunity to back-up the data. You agree that Steady Communications, LLC may in the event of a refusal of service delete your data and deny access to the machine ("Server") without prior notification.
Customer agrees not to exceed the amount specified in any plan the customer has purchasd from Steady Communications, LLC. Steady Communications, LLC will monitor bandwidth and space. Corrective action shall be taken if customer's bandwidth or disk usage exceeds the agreed usage. Such corrective actions may include additional charges, disconnection or discontinuation of service, or termination of this agreement, which actions may be taken is in Steady Communications, LLC' sole discretion. Should any corrective action be taken, customer will not be entitled to a refund or any fees paid in advance. Steady Communications, LLC may collect a deposit against a customer's credit card on file at its sole discretion.
Steady Communications, LLC is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching Steady Communications, LLC' facilities from those subscribers may have originated from a customer of the subscriber or from another third party. Steady Communications, LLC does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Steady Communications, LLC reserves the right to directly take action against a customer of its subscribers. Also, Steady Communications, LLC may take action against the Steady Communications, LLC's subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, Steady Communications, LLC anticipates that subscribers who offer Internet services will cooperate with Steady Communications, LLC in any corrective or preventive action that Steady Communications, LLC deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Steady Communications, LLC policy. Steady Communications, LLC also reserves the right to take action at its own discretion for a customer of its subscribers in the event that the subscriber is not available and out of contact with both Steady Communications, LLC and their direct customers, in any form of assistance required.
Steady Communications, LLC will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. Steady Communications, LLC may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Steady Communications, LLC may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. Steady Communications, LLC assumes not obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, Steady Communications, LLC may disclose subscriber information or information transmitted over its network where necessary to protect Steady Communications, LLC and others from harm, or where such disclosure is necessary to the proper operation of the system. However, Steady Communications, LLC will never sell information to other services or outside companies.
Steady Communications, LLC expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber's failure to comply with those laws will violate Steady Communications, LLC policy. Finally, Steady Communications, LLC wishes to emphasize that, in signing the Service Agreement, subscribers indemnify Steady Communications, LLC for any violation of the Service Agreement, law or Steady Communications, LLC policy resulting in loss to Steady Communications, LLC or the bringing of any claim against Steady Communications, LLC by any third party. This means that, if Steady Communications, LLC is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will be responsible for payment of any damages awarded against Steady Communications, LLC, plus costs and reasonable attorney's fees.
