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This Terms of Service Agreement creates a legally binding contract between Hi-Desert Home Page and the Account Holder. Our Terms of Service apply to only those services we provide directly. In order to process your application for service you must agree to these terms by checking the appropriate box located at the end of our Service Order Form.

1. Mail abuse, in any form or format will not be permitted, whether direct or indirect. The account holder agrees to pay all damages or fees associated with any unsolicited commercial email originating from the account holder's account.

2. The account holder shall be responsible for the actions of any person or persons using that account.

3. No form or format of retaliatory action is permitted in response to receipt of email spam, accept contact and notification to the offender's service or server host.

4. Hi-Desert Home Page respects and supports your right to privacy. We will not divulge any information about your account to any other source or entity unless ordered to do so by court of jurisdiction. However, we cannot guaranty the security of sent or received email, or any data that may be stored on our server.

5. The account holder agrees to pay for Hi-Desert Home Page services. All accounts are invoiced monthly in advance for the current month. All payments are prorated to the 1st of the month for new accounts. Accounts are prorated for the current month if the effective date falls between the 1st and the 14th of that month. If the effective date falls between the 15th and the end of the month the account will be prorated to include the next month payment.

Account cancellation must be received in writing prior to the 20th of the month preceding the month of cancellation to avoid billing for that month. This policy is without exception since we are obligated to our suppliers in the same manner.

Payment is due on, or before, the 1st of the month. A $10 late charge, for hosted accounts only, will apply each month that payment in full is not received by Hi-Desert Home Page on or before the 5th of the month.

Accounts remaining delinquent on the 20th of the month may result in discontinued service. An advance payment reinstall fee in the amount of $15, plus full payment of delinquent amounts and late charges will be required prior to service restoration. Accounts remaining delinquent beyond the 5th of the following month will result in permanent termination.

In the event of termination for the reason of nonpayment, the account holder shall still be responsible for the payment of all charges incurred up to the most recent month billing, including any late charges and collection fees. A $20 charge will be applied to any account for checks returned as insufficient funds.

6. Internet access accounts are billed via credit card from an affiliate supplier with separate Terms of Service. Or may be billed directly by Hi-Desert Home Page for a small additional charge if specifically requested.

7. The account holder must cancel the account no later than the 20th day of the preceding month without incurring additional charges. Accounts cancelled after the 20th of the preceding month are subject to full payment for that month without prorated refund.

8. The account holder agrees to defend, indemnify and hold harmless Hi-Desert Home Page from any claims resulting from use of the account holder's account which may result in damages to the account holder or any other party. Any data stored on the server must be legal under all applicable US laws. The account holder shall be solely responsible for determining the legality of their data. 

8. Hi-Desert Home Page and/or anyone else involved in creating, or producing web services shall not be held liable for any direct, indirect, incidental, special or consequential damages arising out of the use of our web services. Nor shall Hi-Desert Home Page be held liable for any damages resulting from unavoidable service interruptions or interference. Hi-Desert Home Page services for internet access and/or web site hosting is at the account holder's sole risk. Hi-Desert Home Page does not, expressly or implied, warrant either the results to be obtained from the service or that the service will be uninterrupted or error free.

9. Hi-Desert Home Page shall be indemnified and held harmless by the account holder against any loss, damage, cost and expense which Hi-Desert Home Page may incur as a result of claims or actions for libel, violation of privacy rights, plagiarism, copyright infringement resulting from actions taken by the account holder or any person using the account holder's account.

10. Hi-Desert Home Page reserves the right to suspend or terminate, at any time and without notice, service for materials or data transmission that Hi-Desert Home Page, in its sole discretion deems, illegal, objectionable, offensive, or tends to be inciteful.

11. The account holder may terminate their account at any time subject to the provisions above. The request to terminate the account must be in writing. The account holder may send cancellation request via an email message to: support2@hi-deserthomepage.com.

12. Completion of the Hi-Desert Home Page Service Order Form and/or use of a Hi-Desert Home Page account shall constitute acceptance of the terms of this agreement by the account holder.

13. This agreement may be modified from time to time. Any changes shall be posted at this location and made available to our clients. Continued use of the account holder's account shall constitute acceptance of the modified or changed agreement.

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Last revised: October 14, 2005