MARKETWIZZ INTERNET SERVICE
IS PROVIDED SUBJECT TO THE FOLLOWING
Please Print this agreement NOW! It must be signed and faxed
or mailed within 5 business days or your account will be
Marketwizz Internet service is provided on an "as is, as available" basis. No warranties, express or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, are made with respect to Marketwizz or any information or software therein. You release Marketwizz from and Marketwizz shall have no liability or responsibility for any direct, indirect, incidental or consequential damages suffered by you in connection with your use of or inability to use the Marketwizz services including, but not limited to, damages from loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions, or due to inadvertent release or disclosure of information sent by you.
Without limiting the generality of the foregoing, Marketwizz disclaims to the full extent permitted by applicable law any responsibility for (and under no circumstances shall be liable for) any conduct, content, goods and services available on or through the Internet or the Marketwizz services. In no event shall Marketwizz aggregate liability exceed the amount paid by you to Marketwizz for the Marketwizz Network services.
Use of any information obtained via Marketwizz Internet service is at the users own risk. Marketwizz specifically disclaims any responsibility for the accuracy or quality of information obtained through its services.
The Customer is responsible for all use of the Customer's account(s) and confidentiality of password(s). Marketwizz will suspend access or change access to Customer's account(s) immediately upon notification by Customer that Customer's password has been lost, stolen or otherwise compromised. Marketwizz is not liable for any usage and or charges prior to Marketwizz making the necessary account alteration. Electronic mail on this system is as private as we can make it.Marketwizz Customers are reminded that no computer network can ever be considered completely safe from intrusion. E-Mail may pass through many computer systems, and should not be considered a secure means of communication unless encrypted and even encrypted information is only as secure as the encryption method utilized. Results from secure forms will not be sent via email. You will be provided with a password protected site to "pick up" your orders.
3. Personal Files
Marketwizz is not responsible for any Customer's personal files residing on Marketwizz. The Customer is responsible for independent backup of the Customer's data that is stored on Marketwizz. Marketwizz reserves the right to delete any Customer 's personal files after one or both parties terminates the service agreement between Marketwizz and the Customer.
4. Non-Transferability of Account
The right to use Marketwizz Internet service is not transferable. Use ofMarketwizz accounts is expressly limited to the individual or business whose name appears on the account and dependents of the account holder living at the same address. A Customer may use no more than one log-in session per account at any time. If a Customer has multiple accounts, the Customer is limited to one log-in session per account at any time.
5. Network Address Ownership
Any network address assignments issued by Marketwizz (i.e., IP addresses and Class C address space) are the property of Marketwizz and are considered to be loaned to its customers. In the event service with Marketwizz is discontinued for any reason, such addresses will revert to Marketwizz. If a Customer of Marketwizz participates in a service of Marketwizz which provides for a unique Domain Name System (DNS) entry, the Customer will retain ownership of the assigned Domain Name, but no to the IP address to which it was assigned by Marketwizz.
6. Compliance with all Laws
Customer agrees to use the service in a manner consistent with any and all applicable laws and regulations of the United States of America, the Commonwealth of Virginia, State of California, and the Customer's locality. Reproduction or transmission of any material in violation of any local, state, U.S., or international law or regulation is prohibited. The Customer agrees that any material to be reproduced or transmitted on Marketwizz service through Customer 's account(s) does not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene, libelous or threatening. Software intended to facilitate any such violations or infringements may not be stored on Marketwizz. The Customer shall defend, indemnify and hold harmless Marketwizz from and against any claims, liabilities and expenses, including attorney fees, resulting from any Customer's use of the Marketwizz Network service or a Customer's account in an unlawful manner or otherwise in violation of or contrary to the Customer's Agreement with Marketwizz or Marketwizz Acceptable Use Policies. At Marketwizz discretion, Marketwizz may revoke any Customer's access to Marketwizz services or accounts for inappropriate usage.
7. Unacceptable Conduct
The following types of conduct are grounds for immediate suspension of service pending investigation by Marketwizz and may result in termination of the account(s) the investigation determines to have originated or transmitted these types of traffic. In addition, Marketwizz reserves the right, where feasible, to implement technical mechanisms which block multiple postings by a Marketwizz Customer as described in (a) and (b) below before such postings are forwarded:
(a) Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., more than 20) or continued posting of articles which are off-topic according to the newsgroup charter, or which provoke complaints from the regular readers of the newsgroup for being inappropriate).
(b) Sending unsolicited mass E-Mailings (i.e., to more than 25 users) which provoke complaints from the recipients.
(c) Engaging in either (a) or (b) from a provider other than Marketwizz and using an account on Marketwizz as a mail drop for responses, or to draw attention to a web site housed within Marketwizz networks.
(d) Continued harassment of other individuals on the Internet after being asked to stop by those individuals and/or by Marketwizz
(e) Mail bombing, i.e., sending large volumes of unsolicited E-Mail to individuals or to individual business accounts.
(f) Impersonating another user or otherwise falsifying one's user name in E-Mail, Usenet postings, on Internet Relay Chat (IRC), or with any other Internet service. (This does not preclude the use of nicknames in IRC or the use of anonymous remailer services.)
(g) Privacy violations: Attempts, whether successful or not, to gain access to any other system or users' private data without express consent of the user.
(h) Use of IRC bots or clonebots on Marketwizz, whether on IRC servers controlled by Marketwizz or by other parties. An IRC bot is a program which runs and is connected to an IRC server 24 hours a day, automatically performing certain actions.
(i) Network unfriendly activity: Attempts to interfere with the regular workings of Marketwizz systems or network connections or which adversely affect the ability of other people or systems to use Marketwizz services or the Internet, including, but not limited to:
1.Any unauthorized attempts by a user to gain root access or access to any account not belonging to that user on this or any other Marketwizz system;
2.Any use of this or any other Marketwizz system as a staging ground to disable other systems.
3. Any activity which violates the laws or statutes of the United States or the Commonwealth of Virginia, and the State of California.
8. Excess Utilization of System or Network Resources
Marketwizz account descriptions in some cases may specify limits on bandwidth, CPU and disk utilization for certain types of Customers, and use up to these limits is included in the price for that type of Customer. In the event Marketwizz determines that a Customer is exceeding the bandwidth, CPU and/or disk utilization limits, the Customer will be notified by E-Mail. If the excess use continues for more than 48 hours after such notification, the Customer may be requested to upgrade to a web hosting service agreement or to modify the activity creating the excess use. If excessive bandwidth, CPU or disk space utilization is determined by Marketwizz to adversely affect Marketwizz ability to provide service for all customers, immediate action may be taken to alleviate the problem. In such event, the Customer will be notified by E-Mail as soon as practicable.
9. Compliance with Rules of Other Networks
Any access to other networks connected to Marketwizz Internet service must comply with the rules for that other network as well as with Marketwizz rules.
Marketwizz reserves the right to monitor any and all communications through or with Marketwizz facilities. Customer agrees that Marketwizz is not considered a secure communications medium for the purposes of the Electronic Communications Privacy Act, and that no expectation of privacy is afforded. It may become necessary for Marketwizz employees to examine system accounting logs and other records to determine if privacy violations or other network unfriendly activities have occurred. Marketwizz also reserves the right to access a Customer's mailbox or other files stored on Marketwizz systems to resolve system problems or mail system errors.
11. Cooperation with Authorities
Marketwizz reserves the right to cooperate with law enforcement and other authorities in investigating claims of illegal activity including, but not limited to, illegal transfer or availability of copyrighted material, postings or e-mail containing threats of violence or other illegal activity.
12. Confidentiality of Personal Subscriber Information
Marketwizz will not release a Customer's personal subscriber information, nor a Customer's billing information, to any third party except upon presentation of a valid court order of a government or entity within our jurisdiction. Customer agrees that Marketwizz judgment as to the validity of any court order of subpoena shall be considered proper and final.
13. Marketwizz Right to Suspend or Cancel or Modify Account
Marketwizz reserves the right to suspend or cancel service to a Customer at any time and without notice, for any reason, including, but not limited to, refusal or failure to pay for services provided or by sole judgment of Marketwizz that the Customer may be performing activities harmful to Marketwizz or its Customers, employees, vendors, business relationships or any other users of the Internet.
User agrees the Provider provides a multi-user system, and as such User may be asked to move to a dedicated server if the User regularly uses more than 20% of system resources (cpu resources, not bandwidth).
14. Right to Damages
Marketwizz reserves the right to collect damages (software, hardware and man hours) if any harm is done to Marketwizz which
requires repair or reconfiguration of any kind.
15. Other Remedies/Non-Waiver
Nothing contained in these policies shall be construed to limit action Marketwizz may take or remedies available to Marketwizz in any way with respect to any of the described conduct. Marketwizz reserves the right to take any additional actions Marketwizz may consider appropriate with respect to such conduct, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the Marketwizz service, and levying cancellation charges to cover Marketwizz costs in the event of disconnection of dedicated access for the causes outlined above. In addition, Marketwizz reserves at all times all rights and remedies available to Marketwizz with respect to such conduct at law or in equity.
Non-enforcement of any policy or rule herein does not constitute consent or waiver, and Marketwizz reserves the right to enforce such policy or rule at its sole discretion.
16. Marketwizz Right to Change Service
Marketwizz reserves to right to change without notice the Marketwizz service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors and services offered.
17. Marketwizz Right to Modify its Acceptable Use Policies
Marketwizz may modify its Acceptable Use Policies at any time without written consent. Customer's use of Marketwizz services after such notice shall constitute Customer's acceptance Marketwizzof the modifications to these policies.
18. Marketwizz Right to Cancel Customer Account
If at any time during the customer contract Marketwizz finds that the customer is in violation of any of the terms listed above, Marketwizz has the right to cancel the customer's account immediately. And any and all payments collected from said customer up to that point will NOT be refunded.
Customer Name: ___________________________