Providicom, LLC (called "The Service Provider") is an Internet Service Provider and host of personal and business World Wide Web pages. The goal of Providicom, LLC is to provide you with the best service possible for an enjoyable Internet experience. Providicom, LLC is committed to and supports the free flow of information and ideas over the Internet. Providicom, LLC does not actively monitor nor does Providicom, LLC exercise editorial control over the content of any web site, electronic mail transmission, mailing list, news group or other material created or accessible over Providicom, LLC services. However, Providicom, LLC reserves the right to remove any materials Providicom, LLC does become aware of that are, in Providicom, LLC's sole discretion, potentially illegal, which could subject Providicom, LLC to criminal or civil liability, or otherwise violate this policy. The use of the Internet through The Service Provider is subject to the following terms and conditions.
Providicom, LLC may amend this agreement on an as needed basis by placing an update of this posting at http://www.providicom.com/terms.asp. Your continued use of our services following each updated posting shall be deemed to be your acceptance of any such modification of any and all terms and conditions. Furthermore, it is your responsibility to monitor the "Terms and Conditions" page of The Service Provider regularly to determine whether the terms and conditions have been modified. If changes to terms and conditions including pricing have been made, these changes will take effect on the date of Client's contract renewal. If you do not agree with the Terms and Conditions of The Service Provider or any modifications or changes to this Agreement, you must immediately notify Providicom, LLC in writing and immediately discontinue using The Service Provider.
The entire content of this agreement, and all documents are Copyright protected, and all rights are reserved. You may save to disk or print out individual or portions of information contained within The Service Provider for your own use, provided that you do not collect multiple small selections for the purpose of replicating or copying all or substantial portions of this agreement or document which was created by Providicom, LLC, and which remains its exclusive property.
This agreement will automatically renew for identical successive terms unless canceled or modified in writing by client 30 days prior renewal date. (Any client proposed modification must be accepted by the service provider to become binding. Written notice of acceptance or rejection by service provider will be provided prior to renewal date.) Client will receive an invoice for service charges and payment is due upon receipt of invoice, or pursuant to the terms displayed on the invoice.
Initial payment is due with execution and return of the contract. Your service contract takes effect on the date of receipt of payment. Any changes made to the Client's package (e.g. extra traffic charges, additional server space, additional e-mail accounts) shall be billed on a monthly basis as incurred.
Providicom, LLC reserves the right to suspend the customers account and services without notice should your payment be returned for any reason. This includes expired credit cards, declined credit cards, inactive credit cards, and checks returned for insufficient funds. Returned checks will be assessed a $30 charge. Bank Transfers will be assessed an additional $30 fee per month to cover bank costs. All payment is in U.S. currency. If your account is past due ten (10) days or more, it will be assessed a late fee of Fifteen Dollars ($15.00) or five percent (5%) of the monthly amount due, whichever is greater. In the event that your account is referred to collection, then all fees associated with collection, including and not limited to reasonable attorney’s fees and costs, will be charged to your account and must be paid in full before resumption of service by service provider will occur. Any account past due (whether for monthly service charges, returned check fees, late fees, or collection fees) for more than ten (10) days may have service immediately discontinued without further notice.
Providicom, LLC shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client or Providicom, LLC's server. Client agrees to take full responsibility for all taxes and fees of any nature associated with any such products sold through the use of the service provided by Providicom, LLC.
Providicom, LLC will not exercise any control whatsoever over the content of the information passing through the network or on the Client's web sites. Providicom, LLC makes no warranties or guarantees of any kind, whether expressed or implied for the service it is providing. Providicom, LLC also disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Client, including but not limited to loss of income, loss of data resulting from delays, non-deliveries or service interruptions or gaps by any cause, or errors or omissions of the Client. Providicom, LLC is not responsible for any loss, erasure, or corruption of Client's data or files whatsoever. Use of any information obtained by way of Providicom, LLC is at the Client's own risk, and Providicom, LLC specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of connection to Providicom, LLC and does not represent guarantees of available end to end bandwidth. [Providicom, LLC expressly limits any and all damages to the Client for any and all claims, including but not limited to non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.] Providicom, LLC specifically denies any responsibilities for any damages arising from a consequence of such unavailability. In the event that this material is not "Server-ready", Providicom, LLC may, at its option and at any time, reject this material, including but not limited to after it has been placed Providicom, LLC's Server.
Providicom, LLC agrees to notify Client immediately of its refusal of the material and afford Client the opportunity to amend or modify the material to satisfy the needs and/or requirements of Providicom, LLC. If the Client fails to modify the material, as directed by Providicom, LLC, within a reasonable period of time, then this Agreement shall be terminated.
Commercial advertisements are unwelcome in most User groups and on most email mailing lists. Inappropriate posting may result in account suspension or cancellation. See the newsgroup or mailing list's charter concerning whether advertising is accepted or not. "Spamming," or sending a message to numerous different off-topic newsgroups, is especially unethical and will be treated as such. Dedicated server clients and co-location clients can send email with the use of bulk email software only with the consent of Providicom, LLC management. Sending a message, notably an advertisement, to several recipients, is also considered spamming unless the individuals have precisely requested to be added to a mailing list on that topic. Email was not intended to be a broadcast medium. Providicom, LLC will not tolerate any abuse of it's email system. File transfers, mailing list broadcasts and any other action deemed by Providicom, LLC to be inappropriate will result in account suspension and/or termination.
Providicom, LLC’s clientele are privileged to be offered limitless traffic, where applicable, for their web sites. It is Providicom, LLC's intent to serve web documents. All web pages (html) must be "linked" with files stored on Providicom, LLC's server. Web sites that are found to contain either no html documents, or a great number of unlinked files are subject to warning, suspension or revocation of service at the discretion of Providicom, LLC administration. All FTP sessions are logged. If you do not agree with this policy then please contact Providicom, LLC before purchasing an account.
Uploading and/or downloading of illegal, copyrighted or licensed software for the purposes of distribution and/or personal use will not be tolerated and will result in immediate account suspension and/or termination.
Server-side script sharing with domains not hosted by Providicom, LLC is not allowed. Any server-side scripts deemed to be adversely affecting the server performance or the network integrity will be shut down without prior notice.
Client agrees that it will be charged and will remit payment for extra server traffic (above and beyond the agreed service provided) pursuant to the web site hosting package that Client has selected. Said charges will be prorated and will appear on the next monthly invoice. Client agrees that it will be charged for extra server traffic and will remit payment for extra server storage space and extra e-mail accounts pursuant to the web site hosting package that Client has selected.
1. This Agreement may be terminated by either party, without cause, by giving the other party 30 days notice via e-mail or fax. Unused and/or paid in advance service fees excluding any setup charges will be appropriately prorated and refunded to the client. Notwithstanding the above, Providicom, LLC may terminate the service under this Agreement at any time, without penalty, if the Client fails to comply with the terms of this Agreement. It is the client's responsibility to point their domain(s) to another service provider upon termination, cancellation or discontinuation of service.
2. Providicom, LLC will not issue refunds or credits past the 30-Day money back guarantee, encompassing the first month of service following ratification of this Agreement.
1. Client expressly agrees that the use of Providicom, LLC's Server is at Client's sole risk. Neither Providicom, LLC, its employees, agents, resellers, third party information providers, merchants Licensing authority(s) or the like, warrant that Providicom, LLC's Server service will not be interrupted or be error free; nor do they make any warranty as to the results that might be obtained from the use of the Server service or as to the accuracy, or reliability of any information service or merchandise contained in or provided through the Providicom, LLC Server service, unless otherwise expressly stated in this Agreement.
2. Under no circumstances, including negligence, shall Providicom, LLC, its officers, agents, employees or any one else involved in creating, or distributing Providicom, LLC's Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Providicom, LLC Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Providicom, LLC's records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on Providicom, LLC's Server service.
Client agrees that it shall defend, indemnify, save and hold Provi dicom, LLC and its officers, agents and employees harmless from any and all claims, demands, liabilities, losses and costs, including reasonable attorneys fees, ("Liabilities") asserted against Providicom, 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 or by and/or through client’s use of the services provided by this Agreement. Client agrees to defend, indemnify and hold harmless Providicom, LLC against Liabilities arising out of client’s use of the service described herein, including but not limited to (i) any injury to person or property caused by any products sold or otherwise distributed in connection with Providicom, LLC's Server; (ii) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold on Providicom, LLC Server.
Customer acknowledges that by reason of their relationship, both customer and Providicom, LLC may have access to certain products, information and materials relating to the other party's business, which may include business plans, customers, software technology, and marketing plans that are confidential and of substantial value to either party, respectively, and which value would be impaired if such information were disclosed to third parties. Consequently, both Providicom, LLC and customer agree that it will not use in any way for its own account or for the account of any third party, nor disclose to any third party, any such information revealed to it by either party, as the case may be.
Customer and Providicom, LLC further agree that it will take every appropriate precaution to protect the confidentiality of such information. In the event of termination of this agreement, there shall be no use or disclosure by either party of any such confidential information in its possession, and all confidential documents shall be returned to the rightful owner, 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, either party shall be entitled to injunctive relief, which relief will not be contested by the Customer or Providicom, LLC.
Except with respect to service of process as set forth in paragraph, all notices may be sent by email, fax, or express mail to the e-mail address, fax number, or address most recently provided and will be effective upon transmission. Evidence of successful transmission shall be retained.