BY YOUR USE OF Saffell.US SERVICE YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS CONTAINED HEREIN. Read the following in its entirety as it contains the Terms and Conditions for use of Saffell.US and its affiliates (hereinafter “Saffell.US“) services and your use of the services constitutes acceptance of these Terms and Conditions and acknowledgement of a binding contract based on the same. These Terms and Conditions, together with Saffell.US Acceptable Use Policy (herein referred to as “the AUP”), all applicable pricing and software license agreements and any written agreements executed by both parties represents the complete agreement (“Agreement”) between Saffell.US and you, the account holder or user (herein referred to as “you” or “yourself”). The current Terms and Conditions and AUP supersede any other written or oral agreement pertaining to your Saffell.US service, other than a specific written contract signed by both parties. In the event of such specific written contract signed by both parties, these terms and conditions and the written contract shall constitute the entire contract and in the event of a direct conflict between the two, the terms and conditions of the written agreement shall govern as to the specific conflict.
Do not use Saffell.US Services if you do not agree to be bound by these Terms and Conditions. If you currently have a Saffell.US account and do not want to be bound by these Terms and Conditions immediately end your use of Saffell.US services and notify Saffell.US Customer Service in writing to close your account. If you have any questions regarding these Terms and Conditions it is your responsibility to contact Saffell.US.
Saffell.US will provide selected Internet services (“Services”), based on the type of account you choose, in exchange for recurring payment of subscription fees and full compliance with this agreement. Bundled services may not be used separately. You may not assign, lease, rent, transfer or resell Saffell.US services or any portion of Saffell.US services with any other party in any way.
As an account holder, you bear full responsibility for communications and/or content provided via your Saffell.US account and all charges to your account. In addition to this agreement, you agree to abide by the terms and rules of any third party servers, networks or systems, that you may make use of or access with your Saffell.US account.
You assume responsibility for all conduct and content transmitted or stored using your account, with or without your knowledge or consent. You agree to protect and maintain the security of your account, password, files and data, network and user access, and any information and messages transmitted or provided via Saffell.US and any other Internet service.
Saffell.US reserves the right to provide information through distribution of a newsletter through either electronic means or via U.S. Mail.
3. USE OF SERVICE; COMPLIANCE WITH AUP & LAWS
You agree to comply with the Saffell.US Acceptable Use Policy (AUP), all service specific AUPs and all applicable laws. When Saffell.US has reason to suspect any violation of this Agreement or any statute or regulation or AUP, we may, at our sole discretion, begin an investigation or take such other action, as we deem appropriate under the circumstances. Such an investigation may include, but not be limited to, gathering information from and about the account holder, including examining the content of personal electronic communications, web pages, and any other data or files on Saffell.US systems. By using the Services you consent to such investigation. During an investigation Saffell.US may suspend account access, and remove or deny access to files and data, as we deem necessary. You agree to cooperate with any such investigation.
In the event that Saffell.US, at its sole discretion, determines that a violation of this Agreement or AUP has taken place, may, but is not obligated under this agreement to, take enforcement measures. Such enforcement is at Saffell.US sole discretion and may include, without limitation:
Notices and/or warnings about future violations. Suspension or termination of any or all Saffell.US Internet accounts and Services used to violate this Agreement, the AUP, any state or federal law and/or belonging to the account holder. Saffell.US reserves the right to discontinue any and all Services to you, at any time, and without notice when Saffell.US determines that your account has been used to violate this agreement, the AUP or any state or federal law.
Removal of any or all messages, files and/or data stored on or transmitted via Saffell.US systems. Filing of criminal charges or initiation of civil action, as Saffell.US sees fit, against the account holder and/or parties known or unknown.
Requiring payment for actual costs, lost income, and other liability and/or a $200 handling charge for each event in which this Agreement, the AUP or any state or federal law was violated.
Saffell.US reserves the right to restrict or prohibit access to any part of its system, at its sole discretion and as it sees fit, to protect its interests, the interests of the majority of its users, and to maintain consistent availability of system resources. You agree that for each violation, Saffell.US may, at its sole discretion, bill you a handling charge for actual costs, lost income, and other liability incurred due to said violation. You agree to remit the billed amount within 30 days of receipt of such billing. You agree that, absent payment in full, Saffell.US may bill your credit card directly or submit the billing for collection.
Saffell.US reservation of rights does not imply nor impose on Saffell.US any obligation to monitor or enforce your obligations under these Terms and Conditions or the AUP or your compliance with any state or federal law.
Any use of Saffell.US software or third-party software distributed by Saffell.US is governed by the end-user license agreement that accompanies the software. Use of such software indicates your complete agreement with and acceptance of any and all terms in any such license agreement.
4. SERVICE & RATE CHANGES
Due to the changing nature of various factors affecting technology, telecommunications and the Internet Saffell.US may, at its sole option, decide to change services and/or rates from time to time. Saffell.US reserves the right to change or discontinue Services at any time upon 15 days notice. Notices may be given electronically via e-mail or by posting on the Saffell.US website and shall be deemed given when sent. In the event that you do not agree to such fee change you may 1) if you are on a month-to-month account, terminate your account or 2) if you have committed to a specific term, notify Saffell.US in writing of your intent to terminate the account and if the increase is determined to apply to your account then you may cancel without incurring an early termination fee. Any reduction in fees will not apply until such time as an account is renewed.
5. MINIMUM AGE REQUIREMENTS
Saffell.US account holders must be at least eighteen (18) years of age.
You agree to provide Saffell.US with complete and accurate billing information at the time your account is created and to update this information within 30 days of any change. Such billing information includes, without limitation, your legal name, mailing address, and telephone number(s) and any applicable e-mail addresses. Providing false billing information shall be cause for immediate and permanent termination of the account. You agree that you are responsible for making payment in full for any account you have opened.
Saffell.US bills in cycles (the “Billing Cycle”). Charges for new accounts may be prorated. Prorated charges on new accounts will be based on the daily value of the subscribed service for the number of days required to reach a next bill date of the first of the month. Charges for terminating accounts are not prorated. Service payments may be required in advance of receiving Services.
The starting date of the billable period will be the earlier of the day we receive the electronic order form, the day customer signs up via fax or the day a phone order is received and entered.
Unless otherwise agreed based on the Service provided and applicable fee schedule or in specific written contract signed by both parties, Payment is due upon the due date noted on the bill. Invoices with payment terms of Net 15, become delinquent if payment in full is not received by the end of the term. Delinquent accounts may incur a late charge of $5.00 Accounts Delinquent for 10 or more days will be suspened.
Checks or Money Orders: If you are set up to pay by mail in check you will be invoiced in advance of the start of the new period. This will allow you time to mail in payment to ensure your service is continued un-interrupted. You are responsible for payment for the Services regardless of if you receive an invoice. Saffell.US reserves the right to charge a $20 service charge for each returned check and to immediately send any returned check to collection. You are responsible to ensure that payment to Saffell.US made by check or money order is sent to:
John Saffell Jr
7. DELINQUENT OR NON-PAYMENT
Saffell.US reserves the right to remove or suspend access to an account without notice that has an outstanding balance for monthly recurring fees, setup fees, handling charges, or any other fees and charges that may be due and also reserves the right to remove or suspend access to any other accounts, regardless of their payment status, you have in your same name until such charges are paid. Suspended accounts continue to accrue charges until restored or purged, even if the account holder does not use the account. Accounts that are delinquent by more than 30 days may be purged from the system without notice and without recourse to the account holder for any lost files or data stored on Saffell.US systems. The balance due on any account purged from Saffell.US system remains due and may be sent to collection if not paid in full. You agree to pay Saffell.US all costs, including attorney fees and court costs associated with Saffell.US collection of your past due amounts.
Saffell.US will not release domain names for any account holder with an outstanding balance due. Saffell.US also reserves the right to hold any co-located servers or other equipment owned or otherwise placed and used by you on Saffell.US premises and not allow removal of such from Saffell.US premises until all balances due to Saffell.US are paid or if such balances are not paid Saffell.US may take any and all legal steps to use the proceeds of such servers and/or equipment to satisfy any such balances owing.
Payment by fraudulent means for any Saffell.US account or service will result in immediate and permanent termination of the account and may result in possible civil damages and criminal penalties. Saffell.US prosecutes check and credit card fraud.
Saffell.US reserves the right to charge a service reconnection fee to reinstate suspended accounts.
Saffell.US reserves the right to require, as permitted by law, the customer to reimburse Saffell.US for reasonable costs incurred with collecting delinquent charges. Such costs may include, but are not limited to, collection agency fees as well as the costs of internal collection resources and attorney fees.
8. CANCELLATION OF SERVICE
Unless otherwise subject to a term commitment, this Agreement shall be on a month-to-month basis until cancelled by you or Saffell.US. Likewise, upon completion of any term commitment our Agreement will be on a month-to-month basis until cancelled by you or Saffell.US. All cancellation of service requests must be made through the cancel service on the Saffell.US website, you will receive a confirmation once your cancellation has been processed. Cancellations will be effective as of the end of the customer billing cycle.
All services without a term commitment will be billed through the end of the current billing cycle after disconnect notification is received.
9. EARLY TERMINATION CHARGES
If you are subject to a term commitment and cancel service prior to the end of the term liquidated damages in terms of early termination charges will apply as follows:
Up to Twelve month term: If your term commitment is for 12 months or less and you cancel or terminate other than due to a material, uncured breach by Saffell.US then you agree to pay liquidated damages equal to 3 times the monthly plan price for all contracted services or the remainder of the contracted price if less than 3 months remain in the contract.
You also agree that any equipment you received but were not charged for or which was discounted will be returned to Saffell.US. You acknowledge and agree that various benefits were given to you in exchange for your agreement to enter into a term commitment contract, which benefits may have included better price terms and/or waiver of certain costs of the service and that a precise measurement of damages arising from your failure to comply with your term commitment would be extremely difficult to measure, thus you agree that the liquidated damages listed above are a just and reasonable measure of damages resulting from such non-compliance.
You agree to defend, indemnify and hold Saffell.US, our officers, directors, employees, and agents, harmless from any and all claims, losses or damages related to any action, in whole or in part, taken by you or any person using your account, including but not limited to, any violation of this agreement, the AUP or any state or federal law, any viewing by or exposure of any minor or other person to any content on the Internet and/or any disputes which result from or are related in any way to the content of information passing through Saffell.US network or equipment or to your use of Saffell.US services, equipment, bundled software, or the Internet. You agree to defend, indemnify and hold Saffell.US, our officers, directors, employees, and agents harmless from all claims, losses and damages, including costs and attorney’s fees from any such actions.
Data stored with Saffell.US is not owned by Saffell.US; therefore Data preservation is the ultimate responsibility of you, the client. Saffell.US is in no way responsible for the client.s data and or the backup of that data.
11. LIMITATION OF LIABILITY
You understand, agree and acknowledge that in no event and under no legal theory, shall Saffell.US be liable to you or any third party for the any damages, business loss, revenue decrease, loss of your domain name, expense increase, lost profits, costs of substitute products/services or any consequential, special, incidental, punitive or indirect damages of any kind arising from your use or inability to use, any of Saffell.US services, any malfunction or incompatibility of technologies included with Saffell.US services, any technologies added, removed or altered by customer or third party, including but not limited to, scripts and/or software used for or on the creation or operation of customer’s website, or any breach of this Agreement. All of the foregoing is applicable regardless of whether Saffell.US has been advised of the possibility of such damages. You understand and agree the Services are priced in a manner that contemplates such limitations of liability.
You agree that you will not sue and are not entitled to recover any damages whatsoever from Saffell.US, its officers, directors, employees, members, affiliates, subsidiaries, consultants and agents, as a result of Saffell.US decision to remove material from our servers, cancel a posting, warn you, suspend or terminate your account or take other action during the investigation of any suspected violation of law or the AUP or as a result of any conclusion by Saffell.US that any such violation has occurred. In no event shall Saffell.US liability exceed the initial fee or one (1) month”s fee paid by customer to Saffell.US. This limitation of liability and risks is reflected in the price of Saffell.US services.
12. WARRANTY INFORMATION AND DISCLAIMERS
YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT Saffell.US MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A SPECIFIC PURPOSE REGARDING ANY SERVICE, USE OF THE SERVICE, HARDWARE, SOFTWARE, OR THE QUALITY, ACCURACY, OR VALIDITY FOR THE DATA AND/OR INFORMATION AVAILABLE.
You acknowledge that the information available through the interconnecting networks (including the Internet) may not be accurate and that Saffell.US has no ability or authority over the material. Use of information obtained from or through Saffell.US is at the risk of the customer.
You understand, agree and acknowledge that certain technologies, developments and innovations are being licensed, or co-branded, from or by, third-party entities and that Saffell.US makes no warranty of any kind, either expressed or implied, regarding the quality, accuracy, reliability or validity for the application(s), technology, equipment data and/or information involved in such items. The use of these application(s), data and/or information obtained from or through Saffell.US, or any other third-party, directly or indirectly, is at your risk.
Use of the Internet and the information available through it is at your own risk. Many sites and areas provide access that could be considered harmful or offensive or material that is intended for adult audiences.
Saffell.US exercises no active control over the content of user provided or requested information passing through our network or systems. You should anticipate that disputes might arise between yourself and other individuals and entities related to such content. Such disputes, either based in fact or the imagination of one or more parties, may involve, but are not limited to: infringement of copyrights, trademarks, or other intellectual property rights; the use or misuse of domain names; defamation; invasion of privacy; fraud; spelling and grammar; the accuracy of quotations and other statements; and the use or misuse of information. Saffell.US will take any and all appropriate steps set forth in the Digital Millennium Copyright Act (17 USCS 101 et seq.), including possibly taking down materials on a site or restricting access to the site upon receipt of a “complaint” under such Act, to protect itself from liability in regards to allegations of copyright infringement. You agree that Saffell.US is not responsible for mediating or providing mediation for disputes between yourself and other parties. You agree to sole responsibility for content provided by or viewed by use of your Saffell.US account. You agree that all claims, disputes, or wrongdoing which result from or which are related in any way to the content of information of information passing through or stored on Saffell.US network or equipment are your sole and exclusive responsibility. You agree that the terms of this Agreement and the AUP will be complied with.
You agree to not permit minors that you are not the custodial parent or legal guardian of to use your Saffell.US account without proper supervision. You agree to assume all risks associated with viewing content and/or any exposure of content on the Internet to any minor or other person who uses your account.
Saffell.US makes every effort to comply with applicable laws, including without limitation the Electronic Communications Privacy Act 18 U.S.C. 2710 et seq., Digital Millennium Copyright Act 17 U.S.C. 101, et seq. and the Communications Decency Act 47 U.S.C. 230, et seq. Saffell.US also complies with appropriate requests from government agencies. Saffell.US may, as we see fit and for any reason, access and/or disclose the user names and billing information of account holders, the contents of any electronic communications passing through our network, the contents and/or copies of any data stored on Saffell.US systems, and any other information, without limitation, that we consider necessary or appropriate. Saffell.US cooperates with law enforcement agencies in investigating suspected illegal activities. Saffell.US reserves the right to report to law enforcement any suspected illegal activity of which we become aware.
14. HARDWARE & SOFTWARE & COMPATIBILITY
ALL HARDWARE, SOFTWARE OR EQUIPMENT SOLD OR OTHERWISE PROVIDED TO YOU BY Saffell.US, OTHER THAN ON A LEASED BASIS, SHALL BE ON AN “AS IS” BASIS AND Saffell.US EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A SPECIFIC PURPOSE REGARDING SUCH HARDWARE, SOFTWARE OR OTHER EQUIPMENT. A manufacturer”s warranty may or may not be available to you-such matters shall be between you and the manufacturer. Saffell.US hardware department will attempt to assist you with warranty repairs and replacements if a manufacturer”s warranty exists and the manufacturer approves of such. Out of warranty repair and replacement will be charged at standard rates.
Hardware otherwise leased from Saffell.US remains Saffell.US property, subject to other agreements between yourself and Saffell.US. You agree to label such equipment as Saffell.US property, keep this equipment in a secure location that is cool and dry, to provide a working surge suppression device for use with Saffell.US owned equipment, and to reimburse Saffell.US for the cost of any equipment lost or damaged while in your care.
Software provided or sold by Saffell.US is subject to the license agreement(s) included with that software. You agree that upon termination of your Saffell.US account you will remove software that was provided to you free-of-charge by Saffell.US, whether created by Saffell.US or a third party, and to return or destroy all copies of that software, except where the license agreement for that software says otherwise. This does not apply to third party software that you may have downloaded from the Internet or purchased.
Saffell.US will, attempt if requested, to provide reasonable technical support and assistance to configure hardware or software you may have for connecting to the Internet using Saffell.US services. Saffell.US is not obligated to provide detailed assistance or education toward the use of hardware and software and reserves the right to charge for such services. Systems that are part of a Local Area Network are specifically excluded from receiving detailed technical support. If you are not the Network Administrator of a Local Area Network, and wish to receive assistance in connecting a system on such a network to Saffell.US, you agree to contact your internal Network Administrator of your system for such assistance. If you are the Network Administrator, you agree that Saffell.US assistance may be limited to providing information about basic settings and that the actual configuration of your networks and systems are your responsibility. You agree to accept full responsibility for any changes you make to your system, on your own or under the direction of Saffell.US.
It is your responsibility to obtain and maintain the communications equipment and software necessary to connect to Saffell.US services. This may include various types of modems, computer hardware and software, and local telephone service. It is your responsibility to ensure that your equipment and software is compatible with Saffell.US equipment, software and standards, as well as meeting current Internet standards.
Saffell.US may make changes to equipment, software, and standards, as we feel necessary. Saffell.US will attempt to notify users in a timely manner of any major change in equipment, software, or standard. You agree that it is your responsibility to read your Saffell.US e-mail and check for bulletins periodically for any such notices.
15. IP ADDRESSES
Saffell.US maintains control and ownership of any and all IP numbers and IP addresses that may be assigned to you and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses. IP addresses assigned to you remain the property of Saffell.US upon termination or cancellation of Customer Account.