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BED & BREAKFAST VDS HOSTING PLAN WITH FREE SHREWSBURYDINING.COM LISTING
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Shrewsdining.com Terms of Service Agreement This Agreement defines the terms and conditions of SHREWSBURYDINING.COM's services as listed on http://shrewsburydining.com/internet/web-hosting.html as (the "Hosting Service"). Shrewsburydining.com will provide the Services selected in exchange for payment of fees and full compliance with the terms and conditions of this Agreement. You certify that you are at least 18 years of age. To become a Shrewsburydining.com accountholder, you must read and agree to be bound by all terms and conditions of this Agreement, the fee schedules and any policies that are or may be published by SHREWSBURYDINING.COM This Agreement will become effective when accepted by SHREWSBURYDINING.COM. SHREWSBURYDINING.COM may modify the terms and conditions of this Agreement or the prices of its services, as well as discontinue or change the services offered. You will be bound by the modified Agreement, prices and/or policies if you continue to use the services. Payments must be submitted in advance of receiving the Services. As part of the Services, SHREWSBURYDINING.COM will provide your own web hosting account. You agree to provide Shrewsburydining.com with accurate contact and billing information, including your legal name, address, telephone number, e-mail address and to update this information by contacting us immediately if any changes occur. 1. Scope of services and Obligations 1.1. VDS Web Hosting 1.1. A. You are responsible for producing, electronically uploading and maintaining HTML files, execution scripts, applets and applications (the "Upload Materials") to your website, and you hereby warrant that all Upload Materials shall be owned or properly licensed by you and shall not adversely impact the Services or violate any rights of any third parties. You are responsible for ensuring that all Upload Materials will function properly and as intended. You are responsible for all activity originating from your website, unless proven to be a victim of outside hacking or address forgery. You assume responsibility for all material on your website that may be put on by a third party (such as the usage of Free For All links pages). Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols, and software, which can vary depending on your anticipated use and desired content of your website. You acknowledge that you have the necessary knowledge to create, modify and maintain your website. Shrewsburydining.com assumes no responsibility to provide you with such knowledge. 1.1. B. You agree to comply with the requirements of the Digital Millennium Copyright Act (the "DMCA") and acknowledge that SHREWSBURYDINING.COM is a "service provider" under the DMCA and is therefore immune from liability under the DMCA, including 17 U.S.C. § 512. Consistent with the DMCA, SHREWSBURYDINING.COM will accommodate standard technical measures used to identify and protect copyrighted works, and, as further described herein, SHREWSBURYDINING.COM has a policy of terminating accountholders who are repeat copyright infringers. 1.1. C. SHREWSBURYDINING.COM offers a 30 day money back guarantee to a customer's first VDS Web Hosting account purchased. All setup fees and added features to your VDS Web Hosting account are nonrefundable. 1.1. D. If you secure your account with a credit card, you acknowledge that SHREWSBURYDINING.COM will bill your credit card prior to receiving service. You authorize automatic monthly billing by SHREWSBURYDINING.COM on an on-going basis during the term of this Agreement. If you wish to cancel your service, you must do so prior to your next due date to avoid being charged for additional month(s) of service. 1.1. E. Delinquent accounts are those that remain unpaid at the next due date. The Services will be suspended if your account is delinquent for 15 days. Notwithstanding any other rights SHREWSBURYDINING.COM may have in this Agreement, all of your website contents will be destroyed if your account is delinquent for 25 days. SHREWSBURYDINING.COM accounts continue to accrue charges while they are delinquent or if the Services are suspended. 1.1. F. If you wish to cancel your VDS Web Hosting account, you must do so prior to your next due date to avoid being charged for additional month(s) of service. You may cancel your SHREWSBURYDINING.COM services by sending an e-mail cancellation request shrewsburydining@cedarrock.net 1.1. G. SHREWSBURYDINING.COM does not offer a prorated refund based on the early cancellation of your services. If you are on a multi-month payment interval and wish to cancel a service prior to the end of the term, you will forfeit any money paid for the services. Once money has been received on an account, this account will be considered under contract for the service provided by SHREWSBURYDINING.COM for the term of agreement. This policy is in effect for all accounts at SHREWSBURYDINING.COM 1.2 Domain Registration 1.2. A. In connection with requesting that SHREWSBURYDINING.COM assist you with registration services, you represent and warrant the following: (a) the registration you have asked SHREWSBURYDINING.COM to make is not made with a "bad faith intent" (as that term is used in the Anticybersquatting Consumer Protection Act, 15 U.S.C. § 1125(d)); (b) the Domain Name does not conflict with another domain name; (c) to your knowledge, the registration of the Domain Name will not infringe upon or otherwise violate the rights of any third party; (d) you are not seeking registration for an unlawful purpose; (e) you will not use the Domain Name to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet, such as "netiquette"; and (f) you will not knowingly use the Domain Name in violation of any applicable laws or regulations, for any slanderous purposes, or in connection with the distribution or receipt of child pornography. It is your responsibility to determine whether the Domain Name registration infringes or violates someone else's rights. You represent and warrant that all information provided by you in connection with your Online Order form is complete and accurate. SHREWSBURYDINING.COM makes no representation or warranties of any kind regarding the availability, or the propriety of any use of, any Domain Name requested by you. SHREWSBURYDINING.COM does not represent or warrant that its services in connection with registration of the Domain Name will prevent challenges to the Domain Name or shield you in any way for liability for the use of the Domain Name. 1.2. B. SHREWSBURYDINING.COM is bound to use ICANN's dispute policy if any person challenges the registration of the Domain Name you have selected (the "Dispute Policy"), which can be found at http://www.icann.org/dndr/udrp/policy.htm You agree that SHREWSBURYDINING.COM, in its sole discretion, may cancel, transfer, suspend or otherwise make changes to the domain registration if SHREWSBURYDINING.COM (a) is in any way involved in a proceeding in connection with the Dispute Policy, (b) receives any order from any court or arbitral tribunal threatening or requiring such action, or (c) determines that you have breached any of your representations and warranties in Section 1.2. You understand that SHREWSBURYDINING.COM has no obligation to defend you in the event any dispute arises in connection with the Domain Name. 1.2 C. As consideration for SHREWSBURYDINING.COM's domain name registration services, you agree to pay all applicable registration fees and renewal fees. Such registration fees and renewal fees are non-refundable. You will be notified when renewal fees are due, and it will be your responsibility to ensure that such fees are paid. You agree that SHREWSBURYDINING.COM will have no liability whatsoever with respect to any such expiration and that SHREWSBURYDINING.COM may transfer the Domain Name in the event of any delinquency in payment. 1.3. D. If you secure your account with a credit card , you acknowledge that SHREWSBURYDINING.COM will bill your credit card prior to receiving service. You authorize automatic billing by SHREWSBURYDINING.COM on an on-going basis during the term of this Agreement. If you wish to cancel your service, you must do so prior to your next due date to avoid being charged for additional month(s) of service. 1.1. G. SHREWSBURYDINING.COM does not offer a prorated refund based on the early cancellation of your services. If you are on a multi-month payment interval and wish to cancel a service prior to the end of the term, you will forfeit any money paid for the services. Once money has been received on an account, this account will be considered under contract for the service provided by SHREWSBURYDINING.COM for the term of agreement. This policy is in effect for all accounts at SHREWSBURYDINING.COM. 3.2 You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state and federal courts located in Shrewsbury, Pennsylvania for any action, suit or proceeding arising out of or relating to this agreement. 4. SHREWSBURYDINING.COM's Right to Terminate Agreement 4.1. SHREWSBURYDINING.COM reserves the right to suspend or terminate the Services to you and remove or prevent access to any SHREWSBURYDINING.COM servers at any time, without prior notice or liability, for any conduct that SHREWSBURYDINING.COM, in its sole discretion, believes violates this Agreement or is otherwise harmful to SHREWSBURYDINING.COM's interests or the interests of other accountholders. (b) SHREWSBURYDINING.COM also reserves the right to comply with the take-down provisions of the DMCA and to seek injunctive, declaratory, or other judicial or equitable relief (and, pending such action, to suspend all access to SHREWSBURYDINING.COM servers) if any third-party claim is made that your content or use violates any of the acceptable uses or your obligations or representations described in this Agreement. 5. Miscellaneous You may not assign your rights and obligations under this Agreement without the prior written consent of SHREWSBURYDINING.COM, which may be withheld at SHREWSBURYDINING.COM's discretion. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of SHREWSBURYDINING.COM to require your performance of any provision hereof shall not affect the right to require such performance thereafter; nor shall the waiver by SHREWSBURYDINING.COM of a breach of any provision hereof be taken or held to be a waiver of the provision itself. Any action for any claim arising under, or in connection with, this Agreement must be commenced by you within one year after the alleged cause of action has accrued or after the date of termination of this Agreement, whichever is earlier. In the event that any provision of this Agreement is deemed unenforceable or invalid, such unenforceability or invalidity shall not affect the remainder of this Agreement. Such provision may be amended or replaced with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of the parties as reflected in the original provision. No provision of this Agreement may be amended or modified by you except by means of a written document signed or expressly assented to by SHREWSBURYDINING.COM. All terms and conditions of this Agreement that should by their nature survive termination of this Agreement shall so survive. This Agreement and the Online Order form, together with all amendments or modifications to any of them, constitute the complete and exclusive agreement between you and SHREWSBURYDINING.COM and supersede and govern all prior proposals, agreements, or other communications.
I Agree to the Terms and Conditions of the Shrewsburydining.com Service Agreement.
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