Terms of Service

  • Provision of Services I understand and agree that, subject to the terms and conditions of the Agreement, Corporate West Computer Systems Inc ("CorpWest") shall provide me with certain Internet access and web site hosting services. I understand and agree that I am fully responsible for the use of such services by me or by anyone whom I permit to use my account, and that CorpWest reserves the right to terminate my account at any time, for any reason.
  • Payment Obligations A. If I have given my credit card number to CorpWest or Netmagic Inc ("Netmagic") , I understand that charges will be billed to my credit card each month for the basic service and any additional usage. I authorize this automatic billing by CorpWest. CorpWest's monthly billing cycle is based on calendar months. Credit cards are charged on the business day closest to the 5th of each month for that month's service, with the basic service fee for each month charged and due at the beginning of my billing cycle along with additional usage fees from the previous billing cycle. I understand that all charges are considered valid unless disputed in writing within thirty days of invoice date. I understand and agree that CorpWest shall not be responsible for any charges or expenses that I may incur resulting from overdrawing my bank account or exceeding my credit card limit as a result of an automatic charge generated by CorpWest pursuant to this authority. B. If I have elected to pay for my basic service through a prepayment plan, I understand that the automatic billing described in paragraph (a) shall only apply to the services, charges, and expenses that are not paid for through the prepayment plan.
  • My Obligations I understand that I am responsible for determining whether a CorpWest phone number is within my local calling area, and that I am responsible for any long distance charges I may incur in connecting to CorpWest. If I am using one of CorpWest's unlimited plans, I agree not to provide any public information services over this connection, not to use any automatic method to avoid inactivity disconnect, and to keep the connection active only when I am actively using it. I understand that I may cancel my account at any time effective the end of that billing cycle. If I am not satisfied and wish to cancel my account within thirty days of the day CorpWest activates my account, I may do so and receive a full refund of all money paid. I understand that CorpWest may change its prices from time to time, and that I will be provided with 15 days written or electronic mail notice of any such changes. CorpWest's Acceptable Conduct Policy CorpWest's Acceptable Conduct Policy (the "Policy") for CorpWest Internet Products and Services is designed to help protect CorpWest, CorpWest's customers and the Internet community in general from irresponsible or, in some cases, illegal activities. CorpWest Internet customers shall not, nor shall they permit or assist others to abuse or fraudulently use CorpWest Internet Products and Services, including but not limited to the following: Sending unsolicited e-mail ("spam") that causes complaints from the recipients of such unsolicited e-mail; or, Mailbombing (sending large quantities of unwanted or unsolicited e-mail to individual e-mail accounts); or, Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., "spoofing"); or, Obtaining or attempting to obtain service by any means or device with intent to avoid payment; or, Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any CorpWest customers or end-users by any means or device; or, Knowingly engage in any activities that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any CorpWest customers or end-users; or, Using CorpWest's Products and Services to interfere with the use of the CorpWest network by other customers or authorized users, or in violation of the law or in aid of any unlawful act. Each CorpWest Internet customer is responsible for the activities of its customer base or end-users and, by accepting service from CorpWest, is agreeing to ensure that its customers abide by this Policy. Complaints about customers or end-users of a CorpWest Internet customer will be forwarded to the CorpWest Internet customer's hostmaster for action. If irresponsible or illegal activity continues, then the CorpWest Internet customer's Products and Services may be subject to termination or other action as CorpWest deems appropriate without notice. As stated in the terms and conditions for CorpWest Internet Products and Services, CorpWest has the right to terminate the account of an offending customer or take other action as CorpWest deems appropriate without notice (e.g., address filtering). CorpWest reserves the right to modify this Policy at any time. Report Policy violations to Abuse@CorpWest.com
  • Security I understand that the information available through CorpWest or interconnecting networks may not be accurate, including the content displayed on the CorpWest Desktop. I understand that some of the information available through CorpWest or interconnecting networks may be intended for adult audiences. I understand that internetworking communications are not secure, and may be subject to interception or loss. CorpWest makes no warranties of any kind, whether expressed, implied, or statutory concerning the data or information available through the CorpWest network.
  • Warranty Disclaimer I understand that the use of my CorpWest account, and any data of information accessed using that account, will be completely at my own risk. I understand that the cumulative liability of CorpWest for any and all claims relating to the services provided by CorpWest, in contract, tort, or otherwise, shall not exceed that total amount of the basic service fees paid to CorpWest for services within the prior year. I agree that CorpWest shall have no liability for any consequential, indirect, special or incidental damages regardless of the success or effectiveness of other remedies.
  • Indemnification I agree to defend, indemnify and hold CorpWest and its affiliates harmless from any and all liabilities, costs, and expenses, including reasonable attorneysí fees, related to or arising from , any violation of this agreement by me or those who access the services through my account, or the use of the services or the Internet and the placement or transmission of any message, information, software, audio files or other materials on the Internet by me or by those who have access to the services through my account.
  • Termination I understand that CorpWest reserves the right to terminate my account at any time, for any reason, including, but not limited to, my failure to abide by the terms of this agreement or my failure to pay any fees or charges when due. If my account is inactivated, I may be required to pay reconnect charges and a prepaid deposit in order to re-activate my account. If my account includes space on CorpWest's server, anything stored in this space will be deleted upon inactivation. I understand that violation of certain generally accepted guidelines on Internet usage, such as restrictions on mass e-mailings and mass advertising, or posting to inappropriate newsgroups, may cause severe operating difficulties for CorpWest, and would be a likely cause for termination of my account. I agree to abide at all times by CorpWest's then-current Acceptable Conduct Policy as made available via a link on the CorpWest home page at www.corpwest.com and by any other policies posted on the CorpWest web site.
  • Law and Jurisdiction I understand and agree the laws of the State of California govern these Terms of Service and my CorpWest account. I expressly agree that exclusive jurisdiction for any claim or dispute with CorpWest or relating in any way to my account or my use of CorpWest resides in the courts of California. I further agree and expressly consent to the exercise of personal jurisdiction in the courts of California in connection with any such dispute, including any claim involving CorpWest or its affiliates, subsidiaries, employees, contractors, officers, or directors.
  • Complete Agreement: Amendments This agreement represents the complete agreement between CorpWest and myself with respect to the subject matter of this Agreement, and supersedes any other written or oral agreement. I understand and agree that CorpWest may amend or modify this agreement or impose new conditions at any time. Any use of CorpWest's services shall be deemed to constitute acceptance by me of the then-current service agreement (including any amendments, modifications or new conditions) as published and made available via a link on the CorpWest home page at www.corpwest.com/web/terms.html

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