1.0 Services Provided to You
1.1 You have interest in an account to utilize Clayton Design’s (CD) Internet access services. These services include dedicated access to our Internet communications network, and use of our e-mail and WWW hosting services. Additional services may be available to you based on your specific service agreement with CD. If you require assistance to use any of these services, such assistance may be provided to you by CD. If any additional services are provided, additional charges may apply, at the discretion of CD. If so, you will be notified before such costs are incurred.
2.0 CD Rules and Regulations
2.1 CD reserves the right to amend these Terms and Conditions at any time without notice. A copy of the current Terms and Conditions will be maintained at http://claytond.com/tos/. Your continued use of your subscription constitutes your acceptance of the current Terms and Conditions.
2.2 CD reserves the right to refuse service to any individual, business, or organization at our sole discretion.
2.3 You agree to refrain from making available, via our service, any material which may reasonably be judged offensive or inappropriate by CD. This includes, but not limited to, material considered to be pornographic and/or obscene. You further agree to remove such material immediately upon request of CD.
2.4 You agree not to use our system for the furtherance of any criminal act or conspiracy.
2.5 Upon the creation of your account by CD, you will be assigned a system login name and password, and one or more electronic mail addresses and passwords.
2.5.1 You agree not to divulge this information to any third party.
2.5.2 You agree not to permit any third party not specifically authorized in by CD, to log on to our systems using your account.
2.6 You are not permitted to resell or redistribute any portion of CD’s services afforded to you under the terms of your subscriber agreement. This includes, but is not limited to, hosting WWW pages for parties other than yourself or your business in the WWW space assigned to you in accordance with your subscriber agreement. Parties wishing to resell WWW or other services of CD may contact us at [email protected].
2.7 CD enforces a zero-tolerance spam policy regarding our use of electronic mail through our network. It is the sole discretion of CD to determine if a customer’s e-mail is considered spam. A definition of spam can be found at http://spam.abuse.net. If CD has determined that a customer has sent one or more items considered to be spam, that user will be charged a $500 per hour clean-up fee and the customer’s account will be canceled immediately and all reasonable efforts will be made by CD to prevent the user from using our network anytime thereafter.
2.8 CD reserves the right, at its sole discretion, to immediately terminate your access privileges in the event of any violation or attempt to violate these conditions.
3.0 Payment of fees
3.1 Your specific reoccurring fees for access to CD services is defined in your services agreement, and is subject to the following conditions.
3.2 Reoccurring access fees are payable in advance and are due and payable no later than the first day of the service period.
3.3 Payment may be made using approved methods. Currently we accept Checks, Money Orders, Paypal and all major credit cards via phone or in person.
3.4 Check or money orders should be made payable to “Clayton Design”.
3.5 Accounts not paid by the within their NET term will be disabled until the access fees have been paid.
3.6 Non-use of your account does not constitute cancellation of your account. You agree to pay the reoccurring charges on your account until it is formally terminated, even if you have not used the service during the billing period(s) in question. Termination procedures are outlined in Section V of these Terms and Conditions.
3.7 Unless payment arrangements are made, fees in default longer than 180 days may be reported to any appropriate credit reporting agencies, at our discretion, and you will be charged additional fees, including collection fees and reasonable attorney’s fees.
4.0 Limitations of Liability
4.1 Your use of CD’s service is entirely at your own risk. CD will not be responsible for any damages, direct or indirect, arising from your use of our system. These damages specifically include, but are not limited to: damage to your computer systems, software or data, computer virus infection, copyright infringement, interception of privileged communications, intentional security attacks on your computer system, and/or theft of information, which might result in lost productivity, profits, and/or business.
4.2 CD will not be responsible for the contents of any file, graphic, or other medium copied or transferred to or from any host on the Internet, including those hosts maintained by CD, which may be deemed by the account holder to be inappropriate, offensive, or otherwise a problem.
4.3 CD reserves the right to immediately terminate service for any customer who makes available, using our equipment and/or service, material judged to be offensive or inappropriate by CD. This includes but is not limited to material considered to be pornographic and/or obscene, or advocating the use of violence against any group or individual. CD also reserves the right not to link to any WWW page judged to contain offensive or inappropriate material as defined by CD.
4.4 You agree not to use CD systems for the furtherance of any criminal act or conspiracy. CD will not be responsible for, or party to, any criminal activity using our systems.
4.5 CD cannot guarantee the privacy or safety of any data hosted on or relayed through our systems. This includes, but is not limited to: electronic mail communications, data, files, programs and/or copyrighted material. Posting such information on our systems is entirely at your own risk and CD will not be held liable for any damages resulting for such posting.
4.6 Although CD will make every reasonable effort to provide continuous service, CD cannot be held liable for any direct or indirect damages resulting from, but not limited to: service interruptions caused by CD’s own service providers (including providers of analog and digital lines, electric power, and Internet connections), planned CD maintenance intervals, unplanned CD equipment failures, and/or acts of God, nature, ETEs, or other items constituting a claim of force majuere.
4.7 You agree to defend and indemnify CD and hold CD harmless from and against all liabilities, claims, damages, proceedings, injuries, costs, and expenses (including reasonable attorney’s fees), relating to any acts by you, your agents, and your employees leading wholly or partial to claims against CD by other CD users or by third parties, regardless of the type of liability or claim or the nature of the cause of the action. Such acts shall include, but are not limited to, programs or data of any kind transmitted by you through CD services or actions taken by you using CD service that allegedly damages, defames, or otherwise causes harm to another party.
5.0 Termination of Service
5.1 CD reserves the right to discontinue service based on our perception of misuse, non-payment of service fees, and/or any other activity which is deemed by us to constitute appropriate grounds for terminating the account.
5.2 You have the right to terminate service at any time. Termination of service may be consummated via telephone, or by registered mail, or in person only. In the case of termination by telephone, you will be issued a termination letter electronically (PDF). It is your responsibility to obtain this document. If you have not received this document, your account is not terminated and you will continue to be charged. You agree that in the absence of the termination letter, continued charges to your account are authorized until such time that said letter is obtained from CD.
5.3 Non-use of your account does not constitute termination of your account. You agree to pay the reoccurring charges on your account until it is formally terminated, even if you have not used the service during the billing period(s) in question. Failure to pay these charges may result in your default being reported to appropriate credit reporting agencies and collection proceedings initiated.
5.4 All fees and prepay amounts are non-refundable upon termination.
5.5 Approximately thirty (30) days after an account has been terminated, CD will delete any remaining files, electronic mail, and data associated with the account.
6.0 Warranty Disclaimer
6.1 CD services are provided as is and no warranties, express or implied, are made to its fitness for any particular purpose.
7.0 Choice of Law
7.1 You agree that your service agreement will be governed for any purpose by the laws of the State of Kentucky, where applicable. You further agree to submit exclusively to the jurisdiction of the State of Nevada in the pursuit of any legal action or litigation against or involving CD or any of its affiliates, and agree that such action will be entered in Nevada.