Professional E-Mail for Professional People
Monday, December 01, 2008
Professional E-Mail for Professional People
Monday, December 01, 2008
This Agreement sets forth the terms and conditions that apply to the use of Sharp Hue, Inc. hosting services. The use of Sharp Hue, Inc. web sites and services indicates your agreement to be bound by these TOS. You must also agree to familiarize yourself with the TOS and abide by them if you ("E-mail Subscriber") choose to use Sharp Hue, Inc. services. If you are signing up for Sharp Hue, Inc. services on behalf of your employer you represent that you are authorized to accept the TOS on your employer's behalf.
All provisions of this contract are subject to the TOS of Sharp Hue, Inc. The TOS may be changed from time to time without further notice and it is the responsibility of the E-mail Subscriber to stay in compliance with these terms and policies. The E-mail Subscriber understands that change to the TOS by Sharp Hue, Inc. shall not be grounds for early contract termination or non-payment.
This Agreement will be for a "Term" of 1 month (for monthly plans) from the date the services are first provided by Sharp Hue, Inc.. This Agreement will be automatically renewed (the "renewal term") at the end of the initial term or any renewal term for a period of 1 month (for monthly plans) unless you provide Sharp Hue, Inc. with written notice of termination at least 2 weeks before the end of the initial term or renewal term, whichever is then applicable. To schedule your account for cancellation, please login to your NWANetwork E-mail account and click on the "My Account" button. and submit a ticket under the category "Account Cancellation" from the menu.
Unless otherwise specified herein, this Agreement constitutes the complete and exclusive statement of the Agreement between the parties regarding the products and services provided hereunder, and supersedes any prior Agreements between the parties with respect thereto.
The E-mail Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, the E-mail Subscriber agrees that Sharp Hue, Inc. shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Sharp Hue, Inc.. The E-mail Subscriber further acknowledges that Sharp Hue, Inc.'s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall Sharp Hue, Inc. be liable for any special or consequential damages, loss.
As a condition of your use of the Sharp Hue, Inc. service you warrant to Sharp Hue, Inc. that you will not use the Sharp Hue, Inc. service for any unlawful purpose. The following are not permitted on Sharp Hue, Inc. servers:
You agree that Sharp Hue, Inc. has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. Sharp Hue, Inc. reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement. Sharp Hue, Inc. also reserves the right to refuse refunds in cases where Sharp Hue, Inc. believes abuse has taken place.
You hereby acknowledge and agree that Sharp Hue, Inc. hosting services reserves the right to temporarily suspend services for the purposes of maintaining, repairing, or upgrading its systems and network. Sharp Hue, Inc. will use best efforts to notify you of pending maintenance, but is not obligated to inform you of such maintenance. The Sharp Hue, Inc. customer portal will always be updated in advance of a scheduled maintenance task.
You are responsible for keeping a copy of the most current website files as backup on a remote system. Sharp Hue, Inc. is not responsible for any lost files, information, or data. Sharp Hue, Inc. will perform backups at weekly intervals as part of this service agreement.
The AUP specifically prohibits the use of our service for illegal activities. Therefore, you agree that Sharp Hue, Inc. may disclose any and all of your information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to you. In addition, Sharp Hue, Inc. shall have the right to terminate all service set forth in this Agreement.
Establishment of this service is dependent upon receipt by Sharp Hue, Inc. of payment of stated charges. The E-mail Subscriber will pay all charges for the first month of service in advance of the first day of the initial term. Subsequent payments are due on the anniversary date of the month or year of service (depending on the payment option). Although all accounts are set up on a prepay basis, they are subject to change at any time with pricing guaranteed for the period of prepayment. E-mail Subscribers will automatically be charged again at the end of the paid period unless closure notification has already been given. Billing statements will only be available by logging into the Sharp Hue, Inc. customer portal and selecting the appropriate billing statement option. All payments are to be made in US dollars and in order to keep costs down Sharp Hue, Inc. will only accept payment through a Paypal subscription (available to any customer with a Paypal account). The E-mail Subscriber must keep current all billing information within the Paypal service or any information that may prohibit Sharp Hue, Inc. from charging your account. In situations where the card number on file is declined Sharp Hue, Inc. will immediately suspend services until the outstanding charge is processed successfully. In addition, Sharp Hue, Inc. reserves the right to suspend other services until the outstanding debt is cleared. The E-mail Subscribers is responsible for all money owed on the account from the time it was established to the time that the E-mail Subscribers sends a written cancellation request. Service will be suspended on accounts that reach 15 days past due.
All payments to Sharp Hue, Inc. are nonrefundable after the first 30 days of service regardless of usage. If for any reason your are not satisfied with Sharp Hue, Inc. services, we offer a full 30-day money back guarantee. Simply cancel your E-mail Plan within the first thirty days of service and we will refund your money. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred.
All requests for canceling accounts must be initiated 2 weeks prior to the end of the current paid term. To initiate a cancellation request please log into your Sharp Hue, Inc. customer portal and select the account cancellation option from the menu.
All new e-mail hosting accounts involving new domains will be set up and entered into our DNS servers within 1 business day. Due to unforeseen complications, however, this process may sometimes require up to 3 business days. Upon registering your domain name, you are bound by the terms of the registration service's domain name policy and the policies of the national DNS registration authorities.
Sharp Hue, Inc. will maintain and control ownership of all Internet protocol ("IP") numbers and addresses that may be assigned to you (for use with SSL).
Sharp Hue, Inc. has a ZERO tolerance policy to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. E-mail Subscribers of Sharp Hue, Inc. may not use or permit others to use our network to take part in UCE. E-mail Subscribers may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service. Upon notification of an alleged violation of our SPAM policy, Sharp Hue, Inc. will initiate an immediate investigation (within 48 hours of notification). During the investigation, Sharp Hue, Inc. may restrict account access to the network to prevent further violations. If a E-mail Subscriber is found to be in violation of our SPAM policy, Sharp Hue, Inc. may, at its sole discretion, restrict, suspend or terminate E-mail Subscriber's account. If your actions have caused Sharp Hue, Inc. mail servers or Sharp Hue, Inc. IP addresses to be placed on black-lists and other mail filtering systems used by companies on the internet, you will be assessed a $100 charge to your account and $100 per hour for administrative charges incurred to remove and protect mail servers and IP ranges.
You agree that use of the services under this agreement will not exceed the bandwidth and storage usage limits set out.. Sharp Hue, Inc. will monitor E-mail Subscriber bandwidth and disk usage.
Users are prohibited from violating or attempting to violate the security of the Sharp Hue, Inc. hosting network. Violations of system or network security may result in civil or criminal liability. Sharp Hue, Inc. will investigate occurrences, which may involve such violations and cooperate with law enforcement authorities in prosecuting users who are involved in such violations. These violations include, without limitation:
Sharp Hue, Inc. wishes to emphasize that in agreeing to the Sharp Hue, Inc. Acceptable Use Policy (AUP) and Terms of Service (TOS), the E-mail Subscriber indemnifies Sharp Hue, Inc. for any violation of the Acceptable Use Policy (AUP) and Terms of Service (TOS) that results in loss to Sharp Hue, Inc. or the bringing of any claim against Sharp Hue, Inc. by any third-party. The E-mail Subscriber also agrees to defend and hold harmless Sharp Hue, Inc., its employees, partners, representatives and affiliates, for any violation by you of the AUP or this Agreement that results either in loss to Sharp Hue, Inc. or the bringing of any claim against Sharp Hue, Inc. by any third-party.
Personal hosting accounts are to be used by the E-mail Subscriber only. E-mail Subscribers are not permitted to resell, store or give away e-mail services to other parties. Hosting services are defined as allowing a separate, third party to host content on the owner's web site. Exceptions to this include ad banners, classified ads, and personal ads.
This Agreement shall be governed by and construed in accordance with the laws of the State of Arkansas, without regard to choice of law provisions that would cause the application of the law of another jurisdiction.
You agree that your sole and exclusive remedy to any issues relating to Sharp Hue, Inc. services is to discontinue using the service.
The Sharp Hue, Inc. service is provided on an "as is" basis without warranties of any kind, either express or implied. Sharp Hue, Inc. expressly disclaims any representation or warranty that the Sharp Hue, Inc. service will be error-free, timely, secure or uninterrupted. No oral advice or written information given by Sharp Hue, Inc., its employees, licensors or agents will create a warranty; nor may you rely on any such information or advice. Under no circumstances, including negligence, will Sharp Hue, Inc. 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 Sharp Hue, Inc. service.
Sharp Hue, Inc. reserves the right to amend its policies at any time. Failure to follow any term or condition will be grounds for immediate Cancellation.
Sharp Hue, Inc. may terminate this agreement and your access to any or all Sharp Hue, Inc. services at any time, with or without cause, effective immediately. Sharp Hue, Inc. shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. Anyone determined by Sharp Hue, Inc. to have violated these Terms of Service may be barred from receiving any services from Sharp Hue, Inc.
Notwithstanding, by using the services, you acknowledge that you have read this agreement and agree to be bound by the terms and conditions contained herein as well as all acceptable use policies incorporated by reference. Your use of the Sharp Hue, Inc. service has the same force and effect as if you had signed a hard copy of this agreement.