
TERMS AND CONDITIONS
Throughout
this AUP, Commit1.com shall use the terms "Commit1.com Member"; "Account
Holder"; "User"; "Customer"; and "Subscriber" interchangeably to
describe any individual who has registered to use Commit1.com's Internet
Service. Additionally, these terms shall also mean a direct reference
to Commit1.com customer accounts; thereby holding the account holder(s)
responsible for all activities that occur through use of these
accounts.
1. Registration Requirements
Any potential Customer signing up for an Commit1.com account must be 18
years of age or older and provide current and accurate billing
information including legal name, address, telephone number, and
billing method. The Customer is responsible for reporting any and all
changes, including new or updated credit card and/or bank information.
Commit1.com is not responsible for any damages, financial or otherwise,
which may accrue due to a misrepresentation of or failure to report
current and accurate billing information. Commit1 reserves the right to
refuse service to anyone at the sole descretion of Commit1 management.
2. Privacy; Cooperation with Authorities
Commit1.com maintains a strict privacy policy. Only the Individual whose
name is upon the account(s) will be permitted to request changes to
said account(s). Likewise, inquiries into Customer information will be
answered to the Account Holder only. However, Commit1.com will cooperate
with legal authorities and/or third parties in the investigation of any
suspected or alleged crime or civil wrong.
3. Ownership of E-mail Addresses, Usernames & Passwords
Usernames, passwords, and e-mail addresses are the property of
Commit1.com, and Commit1.com may alter or replace them at any time. In the
interest of security, Commit1.com prohibits the use of matching usernames
and passwords.
4. Billing Deadlines
Service fees are billed in advance. Invoice Customers must remit
payment to Commit1.com by the last day of the month prior to the service
period. Credit card and direct debit Customers will be billed from 1-10
days prior to there next months service to insure payment is made on or
before the start of the next service month. Customers making late
payments are subject to a $10.00 late fee. Contracted
customers(dedicated, wholesale, collocation, etc.) making late payments
are subject to a $30.00 late fee.
- Reverse of Credit Card Payments Made - Chargebacks
Any payment that has been made to Commit1.com that is reversed by the
credit card holder by way of a 'chargeback' will be reported to the
card holders financial institution as 'theft of service'. All log files
from the account will be produced and made available. These include all
traffic, logins, IP addresses, email, your client billing records, and
any other evidence of use of the account. Furthermore; a copy of such
report will be forwarded to the local criminal investigation authority
for the card holders address. A third party collection agency as
selected by Commit1 will also contact the card holder and take steps to
have the incident placed in the card holders permanant credit files.
They will collect the debt and it will damage your credit history. If you have an open
ticket in our billing department regarding a cancellation and/or refund and decide to force a chargeback
we will then move forward to close your ticket and fight the chargeback in our honor and you will not be refunded.
All custom server setups do not qualify for a 30-day money back guarantee, as we are very flexible with our clients
waiving setup fees and lowering monthly pricing we cannot afford to refund custom setup servers which are usually lowered in monthly pricing.
5. Cancellation
A request to cancel an account must be received by email or support
request 7 days prior to the current billing cycle in order
to cancel effective at the end of that billing cycle. Customers who
cancel under these parameters will be eligible for a refund of prepaid
amounts for future billing cycles. All others will receive service
through the end of their current cycle; service fees already paid will
not be returned. Be aware that all domains must be removed from any and
all DNS (nameservers) that the Centrahost Corporation provides service
to. If you are not sure, lookup the domain at Internic here: http://www.internic.net .
Domains that remain on our network are still ON OUR NETWORK! Therefore
we are providing DNS service to them and they will be billed
accordingly. If you have any questions regarding this policy or any
other part of theis agreement, be sure to email us or open a support
request and we will respond.
- Server Cancellation Processing Fee
If
you order a Dedicated Server from Commit1 and decide to cancel that order
after your credit card was billed but before the end of your first
billing cycle, you will be charged a $30.00 processing fee.
6. Insufficient Funds Fee
If a check, direct debit, or a credit card charge is returned marked
"insufficient funds" or is "declined" by a Member's financial
institution, that Member will be subject to automatic suspension of the
account, a $20.00 "insufficient funds" or "declined transaction"
penalty, and a $10.00 account reactivation/late fee.
7. Late Fees
Accounts not prepaid by the end of the month will automatically be suspended and charged a $10.00 late fee.
8. Appropriate Usage & Indemnification
Commit1.com accounts may only be used for lawful purposes. Transmission
of any material in violation of any federal or state regulation is
prohibited. This includes but is not limited to copyrighted material,
threatening or obscene material, or material protected by trade secret.
Members agree to indemnify and hold harmless Commit1.com from any claims
resulting from the use of the service which damages a Member or any
party.
Commit1.com makes no warranties of any kind, whether express or implied,
as to the availability, accuracy, or content of the information,
products, or services it is providing. Commit1.com disclaims any warranty
of merchantability or fitness for a particular purpose. Commit1.com will
not be responsible for any damage suffered from use of its service
including, but not limited to, loss of data, delays, misdeliveries, or
service interruptions caused by Commit1.com negligence or User errors or
omissions.
Use of any information, programs, or data obtained from or via
Commit1.com is at the User's own risk. Commit1.com specifically denies any
responsibility for the accuracy or quality of information obtained
through its services.
9. Reseller/Payments
If
an account is purchased through a reseller who in turn pays Commit1.com,
the reseller must pay all amounts owing for the account. If the
reseller fails to pay Commit1.com any amounts due-whether or not the
Subscriber has paid the reseller-the User's account will be subject to
suspension or cancellation until the reseller has paid all amounts due.
10. Termination
Commit1.com reserves the right to refuse or terminate service without notice if the Customer violates this AUP.
11. Restrictions
Commit1.com exercises no control whatsoever over the content of the
information passing through its systems. Information stored on the
Commit1.com servers is subject to certain restrictions including, but not
limited to, the following situations:
- Commit1.com
reserves the right to remove from its servers any Customer-produced
information found to be offensive by members of the Internet community,
or unlawful by federal and state regulations (specifically, but not
only, protected material). Repeated complaints may result in the
termination of a Customer's account.
- Using
an Commit1.com account to send bulk e-mail to more than 100 users is not
allowed. Users sending letters with more than 10 recipients must run
consecutive mail delivery programs. Concurrent mailings to more than
100 recipients and unsolicited commercial mail to multiple recipients
are strictly prohibited.
12. No-Spam Policy
While Commit1.com takes several steps to block the dissemination of spam,
it is impossible to completely filter out unsolicited commercial
e-mails. Commit1.com maintains a strict no-spam policy. Spam shall herein
be defined as, but not limited to definition of, items 13.b and 13.c
above in this document. By the continued use our service, Commit1.com
Account Holders agree not to send unsolicited commercial or mass e-mail
from any Internet account (through Commit1.com or elsewhere) under any
circumstances, nor to use Commit1.com services for the collection and
distribution of address lists, software, or other information to be
used for such purposes. The Account Holder further agrees not to
associate Commit1.com, under any circumstances, with any such mass
mailings. Any Individuals who are cancelled for spamming will incur a
$200.00 cleanup fee, which is neither negotiable nor refundable. Any
damages requiring extensive repairs caused by spam will result in the
offending party being billed at a rate of $125.00 per hour until the
repairs are completed to the satisfaction of Commit1.com. In order to
better prevent unauthorized emails and other unauthorized
communications, Commit1.com will not disclose nor sell your email
addresses nor personal information to any third party.
13. Domain & Site Restriction
Commit1.com reserves the right to block information including, but not
limited to, e-mail, Web sites, and newsgroups from domains and sites
which have been deemed an unacceptable risk due to spamming of
Commit1.com or with a history of spam originating from said sites or
domains, until such time as the originating sites implement measures to
cease outgoing spam.
14. Software License
Commit1.com grants to each Member a limited, nonexclusive,
nontransferable, and nonassignable license to install and use the
Commit1.com software (including software from third-party vendors that
Commit1.com distributes; in various code formats), its associated
documentation, and any updates thereto ("Licensed Programs") in order
to access and utilize the services. Each Member agrees to use the
Licensed Programs solely in conjunction with the services and for no
other purpose. Commit1.com may modify and or completely change the
Licensed Programs at any time, for any reason, and without providing
notice of such modification to a Member.
The Licensed Programs constitute confidential and proprietary
information of Commit1.com and Commit1.com licensors and embody trade
secrets and intellectual property protected under United States
copyright laws, other laws, and international treaty provisions. All
right, title, and interest in and to the Licensed Program, including
associated intellectual property rights, are and shall remain with
Commit1.com and Commit1.com's licensors. Members shall not translate,
decompile, reverse engineer, distribute, remarket, or otherwise dispose
of the Licensed Programs or anypart thereof.
The Commit1 HostSite purchased directly from Commit1.com is the sole property of Commit1.com and cannot be used on any other network.
Users may not download, use, or otherwise export or re-export the
Licensed Programs or any underlying information or technology except in
full compliance with all United States and other applicable laws and
regulations. By installing, downloading or using the software online,
Users represent and warrant that they are not located in, under the
control of, or a national or resident of any country on the U.S.
Treasury Department's list of Specially Designated Nationals or the
U.S. Commerce Department's Table of Deny Orders.
Contractor/manufacturer is Commit1.com, 424 E. Central Blvd. Suite 141,
Orlando, FL 32801.
15. Web Site Usage
Commit1.com's site on the World Wide Web with its home pages in the
domain www.Commit1.com, "Commit1.com", or any other site operated by
Commit1.com (the "Web site") is a complimentary information service
offered by Commit1.com at no charge to Users.
Commit1.com may provide links on the Web site to other Web sites, which
are not under Commit1.com's control. In general, any Web site which has
an address (or URL) that does not contain "Commit1.com" is such a Web
site. These links are provided for convenience only. Commit1.com does not
endorse any organization or individual operating the Web site or make a
warranty of any type regarding the Web site or the information on the
Web site.
You may provide a hypertext link to our Web site on another Web site,
provided that: (a) the link must be clearly marked "Commit1.com"; (b) the
link must "point" to the URL http://www.Commit1.com and not to any other
pages within the Web site; (c) the appearance, position, and other
aspects of the link may not be such as to damage or dilute the goodwill
associated with the Commit1.com name and trademark(s); (d) the
appearance, position, and other aspects of the link may not create the
false appearance that an entity is associated with or sponsored by
Commit1.com; (e) the link, when activated by a user, must display the
Commit1.com Web site full-screen and not within a "frame" on the linked
Web site; and (f) Commit1.com may, in its sole discretion, revoke consent
to link to its Web site at any time. All other hypertext links to the
Web site must be approved in writing by Commit1.com.
Some portions of the Web site are made available for the free exchange
of ideas by participants and are not regularly monitored nor moderated
by Commit1.com. Commit1.com assumes no responsibility and makes no warranty
that it will undertake to screen or remove such material. Users agree
to hold Commit1.com harmless from all claims based upon the materials
posted by others. Also, in exchange for the opportunity to upload or
provide information to this site and any associated chat rooms or
discussion areas, Members will indemnify Commit1.com from any claims made
by third parties regarding the material provided. Personal information
posted to the Web site is posted at the Member's own risk. Commit1.com
will have no liability arising from use of that information. Users
shall not use the Web site to distribute or publish any advertising of
goods or services, solicitations for funds, or other commercial
messages. Members agree not to post, upload, or otherwise introduce a
virus or other harmful code onto the Web site.
Posting material on the Web site or providing material to Commit1.com to
use on the Web site will be deemed to be a grant by the User to
Commit1.com of a license to include the material on the Web site and to
reproduce, publish, distribute, perform, display, and transmit the
material and to prepare derivative works as may be reasonably necessary
to do so. Users waive all rights of attribution and integrity with
respect to the material.
16. Prohibited Activities
The items listed below, without limitation, constitute violations of
this AUP. Commit1.com may block access, assess charges, or cancel service
to Subscribers who engage in the following activities:
- Harassment.
Using the services to transmit any material (by e-mail, uploading,
posting, or otherwise) that harasses another user.
-
Fraudulent activity. Using the services to make fraudulent offers to
sell or buy products, items, or services or to advance any type of
financial scam such as "pyramid schemes," "Ponzi schemes," and "chain
letters."
-
Threats. Using the services to transmit any material (by e-mail,
uploading, posting, or otherwise) that threatens or encourages bodily
harm or destruction of property.
- Illegal
use. Using the services to transmit any material (by e-mail, uploading,
posting, or otherwise) that, intentionally or unintentionally, violates
any applicable local, state, national, or international law, or any
rules or regulations promulgated thereunder.
- Harm
to minors. Using the services to harm, or attempt to harm, minors in
any way. All use of the services must comply with the Children's Online
Privacy Protection Act of 1998 ("COPPA"). Please visit http://www.coppa.org for more information.
-
Forgery or impersonation. Adding, removing, or modifying identifying
network header information in an effort to deceive or mislead is
prohibited. Attempting to impersonate any person by using forged
headers or other identifying information is prohibited. The use of
anonymous re-mailers or nicknames does not constitute impersonation.
Modifying headers or using deliberately misleading headers in news
postings in order to avoid spam e-mail address collectors is allowed.
- Unsolicited
commercial e-mail/Unsolicited bulk e-mail. Using the services to
transmit any unsolicited commercial e-mail or unsolicited bulk e-mail.
Activities that have the effect of facilitating unsolicited commercial
e-mail or unsolicited bulk e-mail whether or not that e-mail is
commercial in nature, are prohibited.
- Unauthorized
access. Using the services to access, or to attempt to access, the
accounts of others, or to penetrate, or attempt to penetrate, security
measures of Commit1.com's or another entity's computer software or
hardware, electronic communications system, or telecommunications
system, whether or not the intrusion results in the corruption or loss
of data.
- Copyright
or trademark infringement. Using the Services to transmit any material
(by e-mail, uploading, posting, or otherwise) that infringes any
copyright, trademark, patent, trade secret, or other proprietary rights
of any third party, including, but not limited to, the unauthorized
copying of copyrighted material, the digitization and distribution of
photographs from magazines, books, or other copyrighted sources, and
the unauthorized transmittal of copyrighted software. Commit1.com is
registered under the Digital Millennium Copyright Act of 1998.
- Collection
of personal data. Using the services to collect, or attempt to collect,
personal information about third parties without their knowledge or
consent.
- Network
disruptions and unfriendly activity. Using the services for any
activity that adversely affects the ability of other people or systems
to use Commit1.com services or the Internet. This includes "denial of
service" (DoS) attacks against another network host or individual user.
Interference with or disruption of other network users, network
services, or network equipment is prohibited. It is the Member's
responsibility to ensure that their network is configured in a secure
manner. A Member may not, through action or inaction, allow others to
use their network for illegal or inappropriate actions. A Member may
not permit their network, through action or inaction, to be configured
in such a way that gives a third party the capability to use their
network in an illegal or inappropriate manner.
- Reselling the services. Reselling the services without Commit1.com's authorization is prohibited.
- Misrepresentation
of yourself, your company, your servcies, or our services. We will not
contact you before we delete your files.
- Offering
UNLIMITED Space and or Bandwidth will result in instant termination of
your account. We will not contact you before we delete your files.
17. Termination
Members may terminate their account(s) with Commit1.com by calling Member
Services at 407.740.8948. Commit1 reserves the right to terminate any
account at anytime without prior notice or reason for termination. We
will not contact you before we delete your files. 18. Jurisdiction
Commit1.com's Acceptable Use Policy is governed by Florida law without regard to conflict of law provisions.
19. Complete Agreement & Amendments
These terms and conditions supersede all previous representations,
understandings, or agreements and shall prevail notwithstanding any
variance with terms and conditions of any order submitted. Commit1.com
reserves the right to amend, alter, or modify the Acceptable Use Policy
at any time and in any way. Any amendment, alteration, or modification
is effective immediately upon posting at Commit1.com's Web site
(http://Commit1.com/terms.php). Use of Commit1.com services constitutes
acceptance of these current terms and conditions. Violations of any
provision contained herein may result in immediate termination of
service with no refund. Commit1.com reserves the right to pursue legal
action for any damages incurred from violations of these policies.
Client's are responsible for backing up his/her data, unless backup services
are purchased through Commit1.com - Commit1.com will not be held liable for any data loss, hardware failure
or anything else resulting in dataloss.
|
|
|
 |
|
 |
 |
Site and All Contents Copyright Commit1, 2006. All Rights Reserved. Top  |
|
 |
|
 |
|