This agreement represents the complete agreement and understanding between Venue Communications, Inc. and the account holder (hereinafter called Customer) and supersedes any other written or oral agreement. Venue Communications, Inc. reserves the right to modify this agreement at any time, effective upon posting of the modified Policy to this URL: http://www.venuecom.com
All accounts and customers of Venue Communications, Inc. are bound by the Terms of Service.
1) Setup Fees including, but not limited to, additional programming are nonrefundable.
2) All fees are due in advance of the services provided. Failure to pay in advance may result in termination or suspension of services without notice.
3) If you cancel your service you will be refunded the prepaid fees for any unused month, once those services are no longer being provided, not including setup fees, if you have a contract, the terms of the contract apply. If you cancel your service, but fail to transfer your site(s) to another provider and continue to utilize our hosting network you will be billed until such time that you are no longer utilizing our services. If you wish services to cease immediately, you must request that our services be discontinued immediately.
4) The use of any data or material, which Customer receives from the service provided by Venue Communications, Inc., is at Customer's sole and absolute risk. Venue Communications, Inc. specifically disclaims and denies any responsibility for the completeness, or accuracy of quality of any and all information obtained through the services to be provided hereby.
5) Venue Communications, Inc. will utilize its best efforts to maintain acceptable performance of services, but Venue Communications, Inc. makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness for a particular purpose. Venue Communications, Inc. cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via its system or via the Internet. Venue Communications, Inc. will not be liable for the inadvertent disclosure of, or corruption or erasure of, date transmitted or received or stored on its system. Venue Communications, Inc. shall not be liable to Customer or any of its customers for any claims or damages which may be suffered by Customer or its customers, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access Internet, or inability to transmit or receive information, caused by, or resulting from, delays, non-deliveries, or service interruptions whether or not caused by the fault or negligence of Venue Communications, Inc.
6) Customer agrees that it shall defend, indemnify, save and hold harmless from any and all demands, liabilities, losses, costs, claims, including reasonable attorney's fees, ("Liabilities") against Venue Communications, Inc., its agents, its customers, servants, officers, employees, that may arise or result from any services provided, performed or agreed to be performed or any product sold by Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Venue Communications, Inc. against Liabilities arising out of any injury to person or property caused by any products sold or distributed in connection with Venue Communications, Inc.'s server; and material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party; copyright infringement and any defective product which Customer sold on Venue Communications, Inc.'s Server. As a result of this, Customer agrees that Venue Communications, Inc. shall not be liable to Customer for any claims of actual, compensatory and/or consequential damages which may be suffered by Customer, including, but not limited to, losses or damages due to the loss data resulting from delays, non deliveries, or service interruptions caused by the fault or negligence of Venue Communications, Inc. Notwithstanding the above mentioned, Customer's exclusive remedies, damages, losses and causes of actions shall not exceed the aggregate dollar amount which Customer paid during the term of this Agreement.
7) The Customer may only use Venue Communications, Inc.'s services for lawful purposes. In the event that at any given time, Venue Communications, Inc. believes that the service is being used by the Customer in contravention with any of the terms and provisions contained in this Agreement, Venue Communications, Inc. has the right to immediately discontinue such service to Customer without liability other than to refund any unearned prepaid service fees. The following are restrictive uses and shall be cause for the immediate termination of web services and this Agreement without notice to the Customer:
a. Unauthorized distribution or copying copyrighted software, violation of US export restrictions, embarrassment, fraud, trafficking in obscene material, drug dealing, and other illegal activities;
b. Unsolicited advertising via email and/or "Spamming" is a violation of State and Federal Law and is otherwise a violation of this agreement. Such prohibited conduct subjects Customer to immediate cessation of service as provided herein and the termination of this agreement without notice. Venue Communications, Inc. reserves the right to report such illegal activities to any and all regulatory, administrative and/or governmental authorities for appropriate prosecution. In addition, Venue Communications, Inc. will charge One Dollar ($1.00) per email recipient for any such activity;
c. Using a non-existing email return address on a commercial solicitation, spamming (sending unsolicited advertising to numerous email addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user), trolling (posting outrageous messages to generate numerous responses, mailbombing (sending multiple messages without significant new content to the same user), subscribing someone else to a mailing list without that person's permission, cross-posting articles to an excessive number of newsgroups, or attempting without authorization to enter into a secured computer system. Venue Communications, Inc. reserves the right to determine what is Net abuse;
d. Tortuous conduct such as posting of defamatory, libelous, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyright, or other intellectual property rights;
e. The Customer expressly understands and agrees that illegal Adult oriented Websites featuring nudity and acts of a sexual nature are expressly prohibited. Venue Communications, Inc. reserves the right to immediately terminate and remove any such unauthorized Websites without notice and discontinue service to Customer without notice or liability for actual, compensatory or consequential damages to Customer for the interruption in service.
f. MUDDS, Listservers or any other Internet application that are not Website specific, are specifically prohibited.
8) Venue Communications, Inc. accounts cannot be transferred or used by anyone other than the customer. Customer may not sell, lease, rent or assign the connection or parts of the connection to any party. Customer may allow ftp access to its server and host web sites for its customers without violating this Policy. Network bandwidth charges in excess of allocated amount will be assessed from access log reports generated by the server.
9) Venue Communications, Inc. requires that its agreements be made with a person who is qualified to contract. As such, subscriber must be over the age of eighteen (18) years. Otherwise, a parent or guardian must accept this agreement and enclose the proper payment. Venue Communications, Inc. cannot accept payments from persons who are not at least eighteen (18) years of age, nor can we accept agreements from persons who are not at least eighteen (18) years of age.
10) Customer shall ensure that its use of the Venue Communications, Inc.'s network services shall not disrupt Venue Communications, Inc., its associated networks or equipment forming part of the systems. In instances in which an excessive amount of system resources are utilized by a customer, Venue Communications, Inc. reserves the right to place CPU process limits on the customer's account to prevent disruption of service to other customers. Customer shall not transmit any communication where the meaning of the message, or its transmission or distribution, would violate any applicable law or regulation or would likely be offensive to the recipient thereof. No message may be mass distributed, "broadcast," or otherwise sent on an intrusive basis to any other Venue Communications, Inc. customer or to any directly or indirectly attached network. Use of Venue Communications, Inc. connection in a manner that is disruptive, damaging, unlawful, offensive, or intrusive as determined by Venue Communications, Inc. shall be considered a breach of this Policy and may result in cancellation of service. This prohibition extends to sending of unsolicited mass mailings from another service which in any way implicates the use of Venue Communications, Inc.'s service, Venue Communications, Inc.'s equipment or any site hosted on any Venue Communications, Inc.'s network.
11) For all new domain names, there is an initial domain registration fee of $35.00 for the first year. Venue Communications, Inc. will automatically pay this fee as well as all annual renewal fees of $35.00 to the InterNIC on your behalf while your account with Venue Communications, Inc. is active and current. These fees will appear on your billing statement unless prior arrangements are made with our customer service department.
12) Use of the Venue Communications, Inc. hosting services could involve listing subscriber's participation in relevant directories, and subscriber expressly grants permission for such listings.
13) Any party seeking to report violations of Venue Communications, Inc.'s Terms of Service may contact us.
14) Transferring your domain to another provider does not constitute canceling your account with Venue Communications, Inc. You must notify Venue Communications, Inc. to formally cancel your account and to avoid further charges.
15) On occasion Venue Communications, Inc. may have a need to communicate with Customer through e-mail about issues related to billing, as well as changes, additions and modifications to the network. It is the responsibility of the Customer to check e-mail sent to the primary e-mail address listed with Venue Communications, Inc.
16) It is the responsibility of the Customer to contact Venue Communications, Inc. of any changes to their account, such as phone number, address, credit card information, e-mail address, etc. Customer will be required to provide verification for security purposes authorizing them to make any changes to that account.
17) Balances past due are subject to a 1% per month late payment charge. It is our policy to suspend hosting service for those accounts with balances (including web design and ancillary charges) that remain unpaid after 30 days. If your account is suspended, there is a $39.95 fee to reinstate your account. The fee for a non-sufficient funds (NSF) check is $25.00.
18) E-MAIL FORWARDING TO AOL and TIME WARNER - We cannot allow EMAIL to be FORWARDED through our system to AOL nor TIME WARNER since their systems INCORRECTLY tag us as the SPAMMERS. When an email is forwarded to AOL or TIME WARNER (a forwarder is set up to forward all email sent to firstname.lastname@example.org to an AOL or TIME WARNER email account), and it HAPPENS to be SPAM (spam sent to your email address from an actual spammer, etc), AOL and TIME WARNER tag it as SPAM sent by OUR SERVERS. Thus, in order to remain in compliance with the demands of AOL and TIME WARNER, we do not allow the forwarding of ANY EMAIL to AOL nor TIME WARNER from our servers. If we are notified by AOL or TIME WARNER that our server has been reported as sending spam and it is due to an email forwarder that you have set up, you will receive one warning. If it occurs a second time you will be charged a fee of $250.00.