MARKETWIZZ INTERNET SERVICE
IS PROVIDED SUBJECT TO THE FOLLOWING
TERMS ANDCONDITIONS:
Please Print this agreement NOW! It must be signed and faxed
or mailed within 5 business days or your account will be
suspended.
1. Warranties/Disclaimers
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.
2. Security
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.
10. Monitoring/Privacy
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: ___________________________
Domain Name:__________________
(please print)
Signature: _____________________________________
Date:______________________