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Terms of Service
Billing Terms
Billing charges will incur on the first date of
provisioning of disk space to customer's Web site regardless of
domain name transfer / registration, customer site transfer, or
configuration of Web application by customer.
You may choose to be billed by credit card monthly,
quarterly or annually. You may also choose to receive an invoice
for the same billing increments. When doing so, you agree to authorize
Trivera Interactive to make periodic charges against your credit
card account for the fees incurred in using of our services as established
by this order and subsequent additions to the level of service provided.
This authorization will remain in effect until Trivera is notified
30 days in advance via postal or electronic mail that services are
no longer required of Trivera.
You must provide Trivera with the new expiration
date on any credit card currently being used by Trivera to process
your fees. If your account is over 14 days delinquent, Trivera will
suspend your account until payment is received. There will be a
$20 reactivation fee charged to your account for this service.
Trivera will charge a $20 returned check fee. If
a terminated account remains delinquent beyond 30 days, Trivera
may use a collection agency to recover the charges owed.
Acceptable Usage Requirements
Trivera Interactive hosting services prohibits the
use of unsolicited commercial E-Mail (UCE), commonly known as Spam.
Chain letters, bulk E-Mail and mass commercial postings to Usenet
news groups are examples of UCE. Trivera also prohibits the presentation
of offensive and/or illegal material such as pornography, profanity,
pyramid schemes, or attacks upon particular individuals or organizations.
Any Trivera Web Hosting account in violation of these policies will
be terminated without warning. General Hosting Terms
Customer is responsible for transfer/installation
of Web site content. Existing customer Web sites may contain server
specific scripts, which may not function correctly on Trivera's
server architecture. Customer is responsible for adjusting any and
all server specific scripting to work on Trivera servers. Trivera
can make the necessary adjustments to existing scripts for compliance
to the Trivera architecture at a rate of $145/hour. Trivera will
not be responsible for domain name transfer problems that may arise
with any registration service such as GoDaddy or Network Solutions
or any equivalent registration service.
Customer content, log files and databases are all
considered part of the hosting agreement. In cases where customer
exceeds the disk space allotted, customer will be notified by Trivera
and will be responsible for agreeing to terms for additional Web
hosting space or clearing files to decrease disk space below the
contracted amount. Trivera backs up its servers as a regular part
of its internal systems administration, however, the service is
for content hosting and display. Trivera advises the customer that
it does not provide or guarantee any storage or backup of customer's
content. Information contained on Trivera Interactive's Web site
may be withdrawn at any time without notice. Use of this site is
at your own risk. For the most current information and prices please
contact your representative.
Disclaimer
The service provided by Trivera Interactive is provided
on an as is, as available, basis without warranties of any kind,
either express or implied, including, but not limited to, warranties
of merchantability, fitness for a particular purpose or non-infringement.
Trivera expressly disclaims any representation or warranty that
the Trivera service will be error-free, secure or uninterrupted.
No oral advice or written information given by Trivera, its employees,
licensors or agents will create a warranty; nor may any customer
rely on any such information or advice. The terms of this section
shall survive the termination of this agreement for whatever reason.
Under no circumstances, including negligence, will
Trivera Interactive, or its affiliates be liable for any direct,
indirect, incidental, special or consequential damages that result
from the use of or inability to use the Trivera's service, including
but not limited to reliance on any information obtained on Trivera's
service; or that result from mistakes, omissions, interruptions,
deletion of files or E-Mail, loss of or damage to data, errors,
defects, viruses, 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 Trivera records,
programs or services. Customer will hereby acknowledge that this
provision will apply whether or not Trivera is given notice of the
possibility of such damages and that this provision will apply to
all content, merchandise or services available from Trivera or its
affiliates. The terms of this section shall survive any termination
of this agreement.
Copyright © 2005 Trivera Interactive, Inc.
All Rights Reserved.
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