PARTIES: This agreement is between you, the customer (whether in single or plural form, in individual or business form, in proprietorship, partnership or corporate form), and StrategicSolutions.net LLC.
SERVICE: The service contracted for by you, to be supplied by StrategicSolutions.net LLC, is hereinafter to be known as the "service".
ACCEPTANCE: StrategicSolutions.net LLC will post this user agreement on our website and you indicate your acceptance of this agreement (the terms) by sending us your payment information and/or beginning to use the service offered, whichever comes first.
TRADEMARKS, SERVICEMARKS, COPYRIGHTS: You may not use the name StrategicSolutions.net LLC or any of its information in any of your literature, websites, and/or disseminated information except by permission of StrategicSolutions.net LLC. All information in this document is considered confidential except when law requires disclosure of such information. All information in this document is copyrighted and protected by national and international law.
TRADE NAMES: StrategicSolutions.net LLC does business under various trade names, including StrategicSolutions.net LLC, Strategic Solutions, Strategic Internet Solutions, SS-Designs, SS-Domains, SS-Banners, SS-Hosts, SS-Submissions, SS-Coldfusion, SS-Onsite, Launchpage, 2ss.net, Internet Website Marketing, Domain Name Registrations, Cheap Website Hosting, ColdFusion Hosting and Development, Internet Website Design, Website Consulting, and Banner Design. Wherever in this document the term StrategicSolutions.net LLC shall appear it shall be understood to mean any of these trade names, as applicable.
TERMS:
Offered service: the service offered by StrategicSolutions.net LLC, and contracted for or accepted by you.
Data: any text, graphic, pictorial, or binary representation, or combination thereof, of any information transmitted or caused to be transmitted, through or on, or held in or on any server or other facility owned by or under the control of StrategicSolutions.net LLC.
Spam: any unsolicited email delivered to, or caused to be delivered to, anyone who did not request it, or any off-topic newsgroup post, sent to multiple recipients or groups.
ACCEPTABLE USE: You shall not use the offered service for any unethical or illegal activity, or to transmit any text, data, graphics or other material in violation of any civil or criminal law, including copyright and/or trademark law, trade secrets and privacy acts. You shall not use the service to transmit or receive or as a repository for any material deemed illegal by any local, state, federal or international law. Use of service may not interfere with other StrategicSolutions.net LLC customers. StrategicSolutions.net LLC reserves the right to bandwidth throttle, terminate programs or processes, suspend features or account access, and even terminate service for anything that has a severe impact on operations or network services. You shall not use the service to distribute or cause or allow to be distributed any unsolicited or bulk email or what is commonly known as spam, or to allow any address or URL under your control but pointing to any server or other facility owned by StrategicSolutions.net LLC to be used either to disseminate or receive any data relating to unsolicited or bulk email or spam. You affirm that none of the data which you cause or allow to pass through or exist in any StrategicSolutions.net LLC server or any facility owned, operated or controlled by StrategicSolutions.net LLC interferes with any intellectual or other property rights of any third party, or is being used for any illegal purpose. You may not use any email addresses or mailboxes supplied by StrategicSolutions.net LLC in message headers of any messages, whether sent by this service or by any other method, when such usage would imply to anyone that StrategicSolutions.net LLC or StrategicSolutions.net LLC's servers or services were or are being used for such improper use as prohibited in this paragraph, nor may you refer to any StrategicSolutions.net LLC-hosted facility as a destination for any receiver of any unsolicited commercial email or spam. Violation of this paragraph is grounds for immediate service termination and additionally for assessment of other extra charges, as defined below in the section titled INDEMNIFICATION. StrategicSolutions.net LLC will be the sole arbiter as to what constitutes a violation of this provision.
UNLIMITED DATA TRANSFER: To protect the legitimate internet use of our customers, unlimited data transfer is subject to the following conditions. Customers taking advantage of this offer may not:
CENSORSHIP: StrategicSolutions.net LLC has a policy of no-censorship, either from or to our systems, unless, the information transmitted is illegal in nature, or clearly used to commit fraudulent activity.
PRIVACY: StrategicSolutions.net LLC will not monitor the contents of any email, website, or other file while it exists in or is passing through StrategicSolutions.net LLC's servers or other facilities, except as required for customer service and/or performance issues, in the general course of system maintenance, when required to protect the personal safety of its customers or the public, when requested by you, and/or when required by law. StrategicSolutions.net LLC will not disclose any information contained in any data existing in, or passing through, StrategicSolutions.net LLC's servers or other facilities owned or under the control of StrategicSolutions.net LLC, unless required by law.
LIABILITY: By its very nature, the internet is a non-guaranteed and insecure medium for dissemination of data and/or information. For this and other reasons, StrategicSolutions.net LLC will not be liable under any legal theory, tort, contract, or otherwise, for any indirect, special, incidental, or other damages, including but not limited to, loss of data, delay, misdelivery, or service interruption, whether or not caused by your or StrategicSolutions.net LLC's negligence or the negligence of any other entity or carrier involved in the distribution of any data existing in, or passing through, or which should have existed in or passed through, any StrategicSolutions.net LLC or other server, network, or facility. In no event will StrategicSolutions.net LLC be liable for any damages in excess of any payment we've received from you for the service. StrategicSolutions.net LLC is not responsible for PCI DSS compliance unless we have specifically been contracted to provide that level of service.
WARRANTY: StrategicSolutions.net LLC makes no warranties of any kind, either express or implied, for the supplied service. StrategicSolutions.net LLC disclaims any warranty of merchantability or fitness for a particular purpose. The entire risk as to the performance of, or arising out of, the use of the service, is borne by you.
COPYRIGHT: StrategicSolutions.net LLC is not responsible for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material. StrategicSolutions.net LLC accepts no responsibility nor liability for breach of copyright or other intellectual rights on any elements of text, graphics, photos, designs, artwork or data included in the finished product.
INDEMNIFICATION: You agree to indemnify, defend and hold StrategicSolutions.net LLC and it's directors, officers, employees, and agents harmless from and against any action, claim, liability or demand, including attorney's fees and costs, made by any third party, due to or arising out of: (i) your use of StrategicSolutions.net LLC's facilities, servers and/or services at any time, whether or not covered elsewhere in this agreement, including but not limited to any threatening, libelous, obscene, harassing or offensive material contained in any of your emails or other communication, and/or unsolicited commercial email or spam; (ii) any gross negligence or willful misconduct on your part; or (iii) any allegation that your content or site infringe a third person's copyright or trademark right, or misappropriates a third person's trade secrets. You agree that StrategicSolutions.net LLC shall have the right to participate in the defense of any such claim through counsel of its own choosing. When and if any such use is made of StrategicSolutions.net LLC's services, network, facilities and/or addresses, in addition to any and all other remedies (including account termination), appropriate fees will be assessed. Such charges will become immediately due and payable upon assessment. Additionally to any fees referenced herein, if StrategicSolutions.net LLC suffers any financial loss either directly or indirectly due to any act or omission by you, you agree to fully indemnify StrategicSolutions.net LLC against such financial loss.
PERSONNEL: Any employee or contractor of StrategicSolutions.net LLC may not be directly or indirectly hired without written authorization by StrategicSolutions.net LLC.
REVISIONS TO AGREEMENT: StrategicSolutions.net LLC reserves the right to make any changes to this agreement at any time, and to notify you of such changes by posting the current agreement terms to our website. Your continued use of the service after posting of such notification constitutes your acceptance of the revised terms.
REQUIRED NOTICE: Any notice to StrategicSolutions.net LLC shall be made in writing either by mail to: StrategicSolutions.net LLC, Post Office Box 90188, Allentown, PA. 18109, USA, or by email to [email protected]. Any notice to you shall be made in writing, either by certified mail to your contact address, or by email to your contact email address, as you supply as part of your application.
TERMINATION: Either party may terminate the contract at any time by giving notice (as defined above). In cases where a work order or signed contract exist, termination is subject to fulfillment of the contract length specified in that document. Upon termination, your right to use any terminated services ceases. In the event of termination by email, StrategicSolutions.net LLC shall make every effort to determine that the notice indeed comes from you, but in any event, StrategicSolutions.net LLC shall not be liable for any improper termination of service caused by forged email headers or other forgery. In that event, your sole remedy shall be to have the service reinstated, and to not pay for the service for the time it was not available.
PRICING: StrategicSolutions.net LLC reserves the right to change its prices and services without notice.
PAYMENT: All services are to be paid in US Dollars and all setup service fees and hourly service fees are non-refundable. Monthly hosting fees begin accruing on the day that your site is setup on our servers and is not contingent upon any development schedule. StrategicSolutions.net LLC shall establish the recurring billing date. The customer is responsible for providing up-to-date payment information. StrategicSolutions.net LLC will not be held responsible should the customer's payment information become out-of-date. If payment is by credit card, the customer authorizes StrategicSolutions.net LLC to charge the credit card listed on the account for those charges for StrategicSolutions.net LLC services that may recur, or for any past-due balances, in order to bring the account to current status. Credit card payments will be billed and charged automatically, and StrategicSolutions.net LLC may charge the amount due to the provided card at any time. Customer may not withhold or set off any payment for any reason without StrategicSolutions.net LLC's prior written consent.
DEFAULT: Accounts are in default if payment is not received within 15 days after the date of invoice, or if StrategicSolutions.net LLC has a reasonably held belief that the customer may be unable to pay its debts as they become due (i.e., customer is financially insecure, customer has stated payment will not be forthcoming). Accounts in default are subject to immediate interruption of all setup, hourly, and recurring service(s) with StrategicSolutions.net LLC. Such interruption does not relieve the customer from the obligation to pay the charges. To bring the account out of default and into good standing all charges on all invoices must be paid to bring the customers outstanding account balance to $0. In the event of a billing dispute, there is no waiver of the 15 day payment due date. The dispute should be made and a credit or refund may be issued. If a customer's check is returned by the bank as unredeemable, the customer will be deemed to be in default, and will be liable for a "returned check" fee of $50. Accounts in default are subject to a late payment charge of $25 and an interest charge of 1.5% per month on the outstanding balance. Accounts in default will also be subject to a $175 reactivation fee per website. If the customer's state law does not allow an interest rate of 1.5% per month, the maximum allowable rate for the customer's state will be charged. If the customer defaults, the customer agrees to pay StrategicSolutions.net LLC its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under these Terms and Conditions.
COMMUNICATION: Use of any service offered by StrategicSolutions.net LLC is done with the understanding that email will be the primary means of communication. StrategicSolutions.net LLC reserves the right to limit certain types of communication to email only. Any judgement pertaining to the limitation of communication remains soley at the discretion of StrategicSolutions.net LLC.
CREDIT: StrategicSolutions.net LLC will be allowed to place a description of the services provided to customer on StrategicSolutions.net LLC’s web site. A part of those details may include the customer’s name and a link back to customer’s web site. StrategicSolutions.net LLC will be allowed to place a very small signature line at the bottom of any designed web pages. For application development projects, the name may be inserted into the source code as author of the software.
STATUTE OF LIMITATIONS: No action, of any form, and for any reason, arising out of, or in any way related to, this agreement, shall be undertaken by either you or StrategicSolutions.net LLC after 1 year from the cause of action has arisen.
ENTIRE AGREEMENT: This constitutes the entire agreement between the parties. It supercedes any and all prior agreements. It cannot be changed except by revision as explained above, or by written exception and/or additions signed to personally by an officer of StrategicSolutions.net LLC and by you or an officer and/or principal of your company, if any.
SEVERABILITY: If any provision or part of any provision of this agreement shall be found at any time in the future to be invalid or unenforceable, such provision shall be stricken from the agreement, but shall have no other effect on the balance of the agreement, and the agreement, unless revised, will continue in full force and effect.
GOVERNING LAW: You and StrategicSolutions.net LLC agree that this agreement is considered to have been made in the city of Allentown, in the county of Lehigh, in the State of Pennsylvania, in the United States of America. You and StrategicSolutions.net LLC agree that this agreement shall be subject to, and if required, adjudicated under, and that any action brought under, arising out of, or in connection with this agreement or any breach or alleged breach thereof, shall be brought in the city of Allentown, the county of Lehigh, the state of Pennsylvania, in the United States of America.
HEADERS: The paragraph-headers in this agreement are included for convenience only, and are not to be considered as limiting the subject matter of any paragraph herein in any way, shape or form.