StrategicSolutions.net
LLC
Terms And
Conditions
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, SS-Designs, SS-Domains, SS-Banners, SS-Hosts,
SS-Submissions, Launchpage, 2ss.net, Internet Website Marketing, Domain Name Registrations, Cheap Website Hosting, ColdFusion Hosting and Development, and Internet Website 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.
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 it's 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.
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.
INDEMNIFICATION: You agree to
indemnify and hold StrategicSolutions.net LLC harmless from any claim or
demand, including attorney's fees, made by any third party, due to or arising
out of, 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. 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.
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 by either
certified mail, to our corporate office: StrategicSolutions.net LLC, Post
Office Box 90188, Allentown, PA. 18109, USA, or by email to support@strategicsolutions.net.
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., is financially insecure). 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. 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 will 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" charge of
$35. 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 may also be subject to a $50 reactivation fee. 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.
STATUE 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.