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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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