TERMS & CONDITIONS OF SERVICE

Access & Web Hosting

Version 1.1 (Effective Date: 01 May 2002, Last revision: 12 April 2003)

This agreement is between Bizgrok Inc or its successors or assigns and the Subscriber. It specifies the terms and conditions under which the Subscriber may use Bizgrok's Internet, Web & Business services, but does not cover hardware or software used to access Bizgrok Inc services. Use of Bizgrok Inc Internet, Web & Business services, including but not limited to dial-up access, email, business services, web design and web hosting, constitutes acceptance of this agreement.

Bizgrok Inc reserves the right to makes changes to this agreement at any time by posting new terms of service on its web site or by notifying the subscriber in some other way. The subscriber may terminate this agreement at any time by notifying Bizgrok Inc in writing with at least seven (7) days notice, unless otherwise specified in a written contract.

The laws of the state of Connecticut shall govern this agreement. This agreement will not preclude Bizgrok Inc from other protections afforded it by the laws governing the state of Connecticut and/or any and all applicable federal protections.

Provision of Service

1. Bizgrok Inc reserves the right to refuse service to anyone, or to terminate the account of anyone violating this agreement. Bizgrok Inc may also suspend the access of any account in order to investigate suspicious usage or maintain security.
2. Although Bizgrok Inc will make its best effort to provide reliable, uninterrupted service, it is not guaranteed. Bizgrok Inc will not be responsible for any damages arising from an interruption of service or breach of security, including the loss of files stored on Bizgrok Inc servers. In no case will Bizgrok Inc be responsible for refunding more than a pro-rated share of the Subscribers monthly charge.
3. Bizgrok Inc may take actions to protect its subscribers from undesirable content (e.g. "spam") or offer additional services aimed at reducing the Subscribers contact with this content, but the Subscriber acknowledges that Bizgrok Inc is not responsible for undesirable content encountered via Bizgrok Inc services.

Subscriber Privacy

4. Although Bizgrok Inc treats email messages as private, Subscribers are advised to use encryption or other lawful methods to protect their privacy. Bizgrok Inc cannot guarantee that its systems will be free from unauthorized intrusion or otherwise guarantee the privacy of information to any user.
5. As consistent with the Electronic Communications Privacy Act of 1986, Bizgrok Inc may cooperate with law enforcement officers in investigating claims of illegal activity, including but not limited to illegal transfer or use of copyrighted material, postings or email containing threats of violence, or other illegal activity, and may copy the Subscribers private files to comply with a warrant, subpoena, or other court order. Bizgrok Inc employees or contractors may also examine the Subscribers files when necessary to perform system maintenance or troubleshooting.

Subscribers Responsibility

6. Bizgrok Inc services and systems may only be used for lawful purposes and in a manner consistent with the rights of third parties. The Subscriber must comply with all applicable laws and agrees to indemnify and hold harmless Bizgrok Inc, its owners, agents, and employees from any and all claims arising out of or resulting from the Subscribers use of Bizgrok Inc services. The above notwithstanding, Bizgrok Inc may remove the Subscribers files from Bizgrok Inc servers without notification if Bizgrok Inc reasonably believes them to be illegal.
7. The Subscriber acknowledges that sending unsolicited commercial email (UCE) or unsolicited bulk email (UBE), i.e. "spam", using Bizgrok Inc network or servers, or promoting a web site hosted by Bizgrok Inc using UCE or UBE, is prohibited by Bizgrok Inc and agrees to pay the costs, including reasonable hourly charges, of handling complaints, bounced mail, system failures, and damage to Bizgrok Inc reputation resulting from the Subscribers use of UCE or UBE.
8. Bizgrok Inc is not responsible for problems with the Subscribers telephone service or equipment, or for local or long distance charges incurred by the Subscriber. It is the Subscribers responsibility to report connection problems immediately, so Bizgrok Inc can help them establish a connection. Bizgrok Inc will not reimburse the Subscribers fees because of problems with the Subscribers equipment or telephone service, or because the Subscriber has failed to seek assistance for connection problems from Bizgrok Inc in a timely manner. In no case will Bizgrok Inc be responsible for refunding more than a pro-rated share of the Subscribers monthly charge.

Account Usage

9. Unless otherwise specified, dial-up accounts are for the use of a single person or business for reasonable periods of time and subscribers are expected to disconnect from the service when they aren't actively using it. Subscribers whose usage exceeds 150 hours in a single month may be charged for an account appropriate to their level of usage. Subscribers who use more than 150 hours per month may incur an additional charge of $1.50 per hour or $15 for the first month of overuse, and be invoiced for an additional account to be pre-paid quarterly. Subscribers who use the service from more than one location at a time, or who share their access to Bizgrok Inc services with an unauthorized user, will be billed for an appropriate number of accounts and/or have their service terminated. The maximum charge for additional usage will be $125 per month per unique user.

Payment & Overdue Accounts

10. Payment will be expected prior to service being received. Bizgrok Inc will bill subscribers in advance on an annual or quarterly basis Subscribers who pay by check, money order, cash or PayPal are responsible for paying by their due date.
11. An account that is past due may be suspended until payment is received. Accounts suspended for nonpayment are typically reactivated on the Sunday following the receipt of payment, but may be reactivated sooner if Bizgrok Inc's operations allow. If paid by personal check, Bizgrok Inc may choose not to reactivate the account until the check has cleared.
12. An account that is 30 days past due will be charged 1% interest (or the maximum legal amount, if less than 1%) per month and the Subscriber will be charged a reconnect fee of $10.
13. If a Subscribers check is returned for insufficient funds, or for any other reason a fee of $15 will be charged.

Cancellation of Service

14. Cancellation must be received in writing, either in letter form or via a verifiable email message. Verifiable email messages include:
    • (a) messages sent using Bizgrok Inc's email server while connected to the Internet using Bizgrok Inc's service
    • (b) messages signed by a valid cryptographic key supplied to Bizgrok Inc in advance.
15. Accounts that are cancelled fewer than seven (7) days prior to the subscribers next due date will be charged for an additional month of service. Refunds for annual pre-paid accounts will be pro-rated based on the standard monthly charge and are subject to a $25 administration fee.
16. Cancelled accounts that are later reactivated will be subject to Bizgrok Inc's customary setup fee.
17. An account may be temporarily suspended at the Subscribers request and Bizgrok Inc's discretion. If the Subscriber wishes to receive and/or store email or other files on Bizgrok Inc's servers while other services are suspended, Bizgrok Inc's customary charges for the services will apply. Suspended accounts will be subject to a $10 reconnect fee.

Collection of Overdue Fees on Terminated Accounts

18. Bizgrok Inc will attempt to collect all fees and payments owed. However, Bizgrok Inc may elect to employ the services of a collection agency.
19. If Bizgrok Inc finds it necessary to use the services of a collection agency or the court to recover fees owed, the Subscriber will be assessed for any and all charges incurred.

Domain Registration Renewal

19. Bizgrok will attempt to automatically renew up to sixty days before the expiration date domains registered through Bizgrok for one-year unless specifically notified by the domain administrator not to do so. Cost for the one-year renewal is currently $20 and will not exceed $25. If the customer wishes to renew for multiple years, they will be charged at the lower multi-year rate. This service does not constitute Bizgrok owning or acepting responsiblity for the timeliness of domain renewals. Customers remain responsible for ensuring that their domains are renewed prior to the expiration date. (Also see our com/net/org Domain Registration Terms of Service)

Version 1.1 (Effective Date: 01 May 2002, Last revision: 12 April 2003)

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