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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.