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Acceptable Uses Policy and
terms of service for all
yourfavorite.com users, customers and customers of affiliate sites.
As a yourfavorite.com
"customer," you must agree to these terms of service. Use of
yourfavorite.com products and/or services constitutes agreement to the following
terms: By agreeing to these terms you also agree to receive mail and email
communication from yourfavorite.com and affiliates, including eTrader™
Newsletter and Special Offers. You understand by using these services,
this communication is considered authorized and while use of the removal system
is permitted, reporting such communication as "Spam," or "UCE,"
will be considered "abuse" under this agreement.
The Internet is intended for
use by mature adults (and by minors when supervised by mature adults). Our
customers are expected to use the Internet with respect, courtesy, and
responsibility, giving due regard to the rights of other Internet users. The
customer is expected to have a basic knowledge of how the Internet functions,
the types of use which are generally acceptable, and the types of use which are
to be avoided. Common sense is the best guide as to what is considered
acceptable use. The following are unacceptable uses of services
including, but not limited to software and web hosting:
Illegality
in any form, including but not limited to activities such as
unauthorized distribution or copying of copyrighted software, violation of U.S.
export restrictions, harassment, fraud, trafficking in obscene material, drug
dealing, and other illegal activities.
Net abuse,
including but not limited to activities such as using a non-existent email
return address on a commercial solicitation, use of email addresses gathered
from an FFA site, spamming (sending unsolicited advertising to numerous email
addresses or newsgroups and/or generating a significantly higher volume of
outgoing email than a normal user), allowing spamming by third parties to
promote a web site hosted by us, 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, transmitting a virus over the Internet to one or more
users or systems, or attempting without authorization to enter into a secured
computer system. We reserves the right to determine what constitutes net abuse.
Customers will take full financial responsibility for any incident of net abuse.
Tortuous conduct,
including but not limited to posting of defamatory, scandalous, or private
information about a person without their consent, intentionally inflicting
emotional distress, or violating trademarks, copyrights, or other intellectual
property rights.
Misuse of system
resources, including but not limited to employing posts or programs
which consume excessive CPU time or storage space; permitting use of mail
services, mail forwarding capabilities, excessive use or abuse of support
services, POP accounts, or autoresponders other than for the customer's own
account; resale of access to CGI scripts installed on our servers; or attempting
to use a single customer account for third party web sites by allowing more than
one domain pointer to be used to reference pages within the customer's site
Hijack of resources and/or
systems, including but not limited to using resources such as SMTP or MAIL
servers and NET addresses without prior authorization. By using system
resources without having an established account with yourfavorite.com, or an
affiliate, you will automatically become responsible for payment of $55 per hour
for any necessary administrator time that may result from your actions. You will
also be responsible for all incidental expenses that may result from your
actions. This includes, but is not limited to time for virus removal,
system hardware or software repair, phone time, and letter writing. You will
also be responsible for all costs for collection. Use of system resources
without placing an order and receiving official permission will initiate your
unconditional agreement to the terms of service on this page.
DEFINITIONS:
1. "Plans" means proposals for
offering various services, to
be provided by yourfavorite.com, or an affiliate, as published in current
literature. Current literature is a flyer, proposal, pamphlet, brochure or
web-page that has been updated or issued within the last 30 days.
2. "Customer" means an end user
who is utilizing services provided by yourfavorite.com or affiliates as an
authorized user. A
"user" is a "customer" by definition, although
"users" may not pay for services that are provided for for free such
as eTrader newsletter, routingtool.com, CheckWriter Demo, or finitesite.com free
hosting.
3. PRICES
A. All prices for plans provided by
yourfavorite.com to Customer
are US dollars, although .co.uk domain names may be marketed in pounds sterling,
and later converted to dollars.
B. Customer shall be responsible for paying
all taxes of any nature that
become due with regard to yourfavorite.com services, except
for taxes on yourfavorite.com's income, irrespective of which party may be
responsible for reporting or collecting such taxes.
C. Any notification of rate
increases or plan changes for customers who are on a monthly, quarterly, annual
or other billing cycle will be sent to the customer at least 14 days in advance
of the next billing cycle. Rates are subject to change unless the plan selected
is for a specified term and that term is still in effect. In this case,
prior rates are honored until the term expires.
D. Hourly rate charges are
$120 per hour for standard billing, and $240 per hour for after hours, weekend
and holiday hours. Travel time is billed at actual travel cost, plus $240
per hour while out of the office. Per minute phone billing is billed at
$120 per hour, or $2 per minute with a 1/2 hour minimum.
4. ORDER ACCEPTANCE, PAYMENT
A. All orders are subject to acceptance by
yourfavorite.com. An order will be deemed accepted by yourfavorite.com when
written confirmation of the order is sent to Customer. Yourfavorite.com
may refuse to accept any order, or
delay acceptance pending fulfillment of conditions yourfavorite.com may choose
to impose. Such refusal or such conditions may not be unreasonable, however, and
yourfavorite.com agrees to provide Customer with reasonable notice via Email or
fax of any intent to delay or decline the acceptance of any order.
B. Payment and Terms: Payment shall be made
in US dollars to yourfavorite.com into the account designated by
yourfavorite.com, or as may
otherwise be agreed in writing by the parties. Payments are
due upon account activation and future renewal. Accounts that bill automatically
may bill to your default method of payment on file up to 30 days in advance or
arrears of your absolute due date. If due to bank charges, transfer fees, or the
like, yourfavorite.com should receive less than its invoice amount,
yourfavorite.com will re-invoice Customer for the shortfall. Should payment in
full of any invoice (aside from such shortfalls) not be received by
yourfavorite.com, yourfavorite.com may impose a debt service
charge amounting to one percent (1%) of the overdue balance for each month or
fraction thereof the overdue amount remains unpaid. yourfavorite.com may also
choose to impose service charges, typically $35 per incident.
(see fees)
C. Monthly, quarterly or
annual billing arrangements for hosting and other ongoing services are
automatically billed to your default payment method on file. Billing is
usually on the 1st and 15th day of the month, however, billing and posting dates
will vary and can be up to 30 days in advance or arrears of your actual bill
date. Accounts will continue to bill until cancelled in accordance with the
official cancellation policy. By using the services you agree to make payment
for all services used on your account, including overages for metered service,
additional memory, bandwidth or other overage usage and fees and support charges
if applicable*.
* Support charges will apply as $5 per call plus the published hourly rate for
all calls on the same issue after the first call regarding products or services
that do not provide for free telephone support.
D. Yourfavorite.com may discontinue,
withhold, or suspend services to Customer and/or its customer(s) to whom such
unpaid amounts relate. Unpaid balances over $4.99 will result in account
termination. Yourfavorite.com will give reasonable notice to the customer,
although we are not required to do so under this agreement, and the customer
waives all right to receive notice by accepting these terms.
E. A late fee will apply to all balances
being paid after the due date. This late fee is typically $10. For
domain name registration, an additional "Reclaim" fee of $100 is
assessed to any domain name that has already expired and requires
reactivation. Reclaim fees are for manually reactivating a domain name
that is expired, but not yet released for re-registration. Once a name is
in "Reclaim" all required phone calls, inbound or outbound, are billable at $5
each, plus the standard hourly rate. Declined credit cards will assess a
$5 fee to the customer. Reactivation of any suspended merchant account such as
BetterCheck, Advanced BetterCheck, RoutingTool, 123ACH accounts or shopping cart
/ order form accounts will incur a fee of $25.
Invoices for auto-renewals are sent via
email, or U.S. mail in some cases, but are not required under the terms of
service, and are sent as a courtesy only. Failure to make payment or process a
valid renewal is the sole responsibility of the accountholder. Non-receipt of
invoice cannot be used as a reason to waive late fees, setup fees or reinstate
an account.
5. DUTIES OF yourfavorite.com for name
registration.
Yourfavorite.com will acquire, on request,
an Internet Domain Name on behalf of the Customer. In such case the Customer
hereby must waive in writing prior to acquisition of said domain name, any and
all claims which it may have against yourfavorite.com for any loss, damage,
claim or expense arising out of, or in relation to, the registration of such
Domain Name in any on-line or off-line network directories, membership lists or
registration lists, or the release of the Domain Name from such directories or
lists following the termination of services by yourfavorite.com for any reason.
Any costs of yourfavorite.com in obtaining or maintaining a domain name for
Customer or its customers shall be immediately reimbursed to yourfavorite.com
upon from yourfavorite.com to Customer. These fees include and are not
limited to hosting fees, and banking fees, including surcharges and service
fees.
6. RULES AND REGULATIONS
Yourfavorite.com may impose reasonable
rules and regulations regarding the use of its services from time to time.
Customer shall impose such rules and regulations on its customers to the extent
necessary to ensure compliance. This information is posted on the Internet at:
http://yourfavorite.com
Specific regulations that apply only to
BetterCheck and Advanced BetterCheck can be found at http://yourfavorite.com/about/bc.htm
7. LIMITATION OF yourfavorite.com’s
OBLIGATIONS AND
LIABILITY
a. Yourfavorite.com will utilize its best
efforts to maintain acceptable performance of services contracted for services,
but yourfavorite.com makes absolutely no warranties whatsoever, express or
implied, including warranty of merchantability or fitness for a particular
purpose. Yourfavorite.com cannot guarantee continuous service, service at any
particular time, or integrity of data stored or transmitted via its system, via
the Internet or using software products where information is stored.
Yourfavorite.com will not be liable for the inadvertent disclosure of, or
corruption, or erasure of, data transmitted or received or stored on its system
or products.
Yourfavorite.com 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, inability to access
information in a database associated with a yourfavorite.com software product or
service caused by, or resulting from, delays, non-deliveries, or service
interruptions, whether or not caused by the fault or negligence of
yourfavorite.com.
b. Yourfavorite.com may discontinue
servicing any Plan, or may require fulfillment of conditions yourfavorite.com
may choose to impose as a prerequisite for continuing to service any Plan for
any reason, including unpaid balance, failure to authorize payment on an
auto-renewal plan, and abuse of services.
c. Services provided by yourfavorite.com to
Customer shall be deemed accepted for all purposes ten (10) days after
activation or renewal for such
services, if no written claim or objection regarding such services has been
received by yourfavorite.com within the 10-day period, no claim related to such
accepted services shall be
raised.
d. Yourfavorite.com’s liability to
Customer, and any end user of any Plan or other yourfavorite.com services is
limited to the amount paid to and received by yourfavorite.com for services not
accepted. In no event shall yourfavorite.com be liable to Customer, or any end
user or any other entity for any special, consequential, or other damages,
however caused, whether for breach of contract, negligence or otherwise, even if
yourfavorite.com has been advised of the possibility of such damage.
e. Customer will take all necessary
measures to preclude yourfavorite.com from being made a party to any lawsuit or
claim regarding yourfavorite.com services provided to any Customer or end user.
Customer hereby agrees to indemnify and hold harmless yourfavorite.com from any
and all claims of whatever nature brought by any of Customer's customers against
yourfavorite.com in excess of the remedy set forth in paragraph 7(d) .
f. Any legal action involving
yourfavorite.com and the Customer must be filed in Suffolk County Court, Boston
Municipal Court, or District Court in
Boston, Massachusetts. If
yourfavorite.com
is owed more than $55 for a period of more than 30 days by a customer, legal
action against the customer may be filed in Boston. All legal fees for all
legal issues will be
the responsibility of the customer, and cost of transportation and lodging while
in Boston, will also be the responsibility of the customer. We may choose
to turn delinquent accounts over to a collection agency, and all agency fees
will be the customer's responsibility. If collection activity requires
legal action, yourfavorite.com may assess what ever fees necessary to achieve
full collection of funds due, rather than settlement for any partial amount.
8. PROPERTY RIGHTS
Yourfavorite.com owns all right, title and
interest in yourfavorite.com’s trade names, service marks, inventions,
copyrights, trade secrets, patents, programs, and know-how relating to the
design, function, or operation of plans and of the hardware and software systems
and resources necessary to provide the individual service elements of which they
consist. This agreement does not constitute a license to Customer to use
yourfavorite.com's trade names, service marks or intellectual property.
No right, property, or interest in any
yourfavorite.com Licensed Materials owned by yourfavorite.com or any of its
affiliates is intended to be given to or acquired by you by the execution of or
the performance of this Agreement.
All intellectual or proprietary property and information, supplied or developed
by yourfavorite.com shall be and remain the sole and exclusive property of
yourfavorite.com. During the course of this agreement, and indefinitely upon
termination of this Agreement, you shall return to yourfavorite.com any and all
such property and information and future use or disclosure is prohibited unless
prior written consent is received, or will be considered a violation of these
terms.
During the term of this Agreement, any programs, routines, scripts, artwork,
layout, inventions, discoveries, or other materials that were used by the
customer will remain the sole property of yourfavorite.com. It is prohibited to
use any intellectual property of yourfavorite.com for any other purpose. Any
ideas or other intellectual property developed under this agreement for personal
or private application, or for commercial use, without the prior written
permission of yourfavorite.com is prohibited.
9. CONFIDENTIALITY
Customer acknowledges that by reason of its
relationship with yourfavorite.com hereunder, it may have access to certain
information and materials relating to yourfavorite.com’s business, plans,
customers, software technology, and marketing strategies that is confidential
and of substantial value to yourfavorite.com, which value would be impaired if
such information were disclosed to third parties. Customer agrees that it will
not use in any way for its own account nor for the account of any third party,
nor disclose to any third party, any such information revealed to it by
yourfavorite.com. Customer further agrees that it will take every reasonable
precaution to protect the confidentiality of such information. In the event of
termination of this agreement, there shall be no use or disclosure by the
Customer of any such confidential information in its possession, and all
confidential materials shall be returned to yourfavorite.com or destroyed. The
provisions of this section shall survive the termination of the agreement for
any reason. Upon any breach or threatened breach of this section,
yourfavorite.com shall be entitled to injunctive relief, which relief shall not
be contested by Customer.
10. FEES
Yourfavorite.com may also institute fees on a customer's account in the
following circumstances:
a. ABUSE - When the customer has violated the
yourfavorite.com abuse policy or terms of this contract, yourfavorite.com
reserves the right to bill the customer's default payment method, or any valid
payment method on file for the following fee schedule. $50 for the first
incident, plus actual cost of any damages; $100 for the second incident, plus
actual cost of damages; $1000 for third offense, plus actual cost of damages.
b. NON-PAYMENT - STOP-PAYMENT - DISPUTED
PAYMENTS - If the customer's check is returned for NSF, ISF, Stop Payment,
closed account or any other reason, other than clerical error on behalf of
yourfavorite.com, the customer's checking account will be billed $35 plus the
actual total face value of the check. Disputed credit card charges that
result in action from yourfavorite.com's BankCard provider, otherwise known as
"chargebacks," through MasterCard, Visa, American Express, Discover,
or CardService International, will result in a fee of $55, plus actual cost of
collections. Customer must adhere to all refund policies, and disputes are not
valid if they fall beyond the terms of this agreement or any amendment on the
face of a yourfavorite.com or affiliate invoice.
c. Authorization Code Charge - If the registrant wishes to transfer their domain
name to a new registrar, an AuthCode fee is required to be paid in advance.
d. Non-qualified transaction charges may be
assessed to any and all recurring fees such as account replenishments, renewals,
subscriptions or other such charges on a MasterCard, Visa, or American Express
that do not clear AVS, or address verification service with a full Address "Y"
Zip Code "Y" and CVV2: Match. Any transaction that does not clear AVS
which is then considered "non-qualified" by the merchant bank, will be billed a
non-qualified transaction surcharge of .0225 or $5 which ever is greater.
e. Customer agrees that any and all past
due fees and/or standing negative account balances may be charged to the
authorized payment on file for the account in question. Customer authorizes
yourfavorite.com to bill such fees or balances to any credit card or checking
account on file where payment authorization is still valid.
11. TERM, TERMINATION:
This agreement shall run in accordance with
the term of the initial order. It shall be automatically renewed on a
regular basis in accordance with the term of the initial order or
subsequent change to that term unless terminated in one of the following
ways:
A. By customer, by notifying
yourfavorite.com in writing ten (10) days prior to renewal of this agreement.
Written notification can consist of a fax with fax confirmation service, a
letter sent to P.O. Box 230641, Boston, MA 02123 addressed to yourfavorite.com
cancellations, or a fax sent to 617-249-0850.
B. By yourfavorite.com, upon thirty (30)
days' written notice, unless
the Customer is in payment default, or terms of this contract were violated,
where yourfavorite.com may terminate or suspend the customer at any time without
notice.
D. By yourfavorite.com, immediately upon
giving written notice to
Customer, in the event that:
1. Any bank draft or check delivered by
Customer to yourfavorite.com in payment for Products is returned unpaid and
Customer fails to remedy such nonpayment within three business days after
written notice is sent;
2. Customer becomes more than 14 days
in arrears in payment of its account with yourfavorite.com;
3. There are instituted bankruptcy or
insolvency proceedings against Customer, which are not vacated within thirty
(30) days from the date of filing;
4. Customer institutes voluntary bankruptcy
or insolvency proceedings, or otherwise admits insolvency; or
5. Customer makes an assignment of all or
part of its assets for the benefit of creditors.
E. By yourfavorite.com immediately, if
Customer attempts to assign all or any part of this Agreement without
yourfavorite.com's prior
written approval;
F. By yourfavorite.com immediately, if
Customer fails to inform yourfavorite.com in writing immediately on the
happening of any event specified in this section;
G. By Customer, immediately upon giving
written notice to yourfavorite.com, if
1. There are instituted bankruptcy or
insolvency proceedings against yourfavorite.com, which are not vacated within
sixty (60) days from the date of filing;
2. yourfavorite.com institutes voluntary
bankruptcy or insolvency proceedings, or otherwise admits insolvency;
3. yourfavorite.com makes an assignment of
all or part of its assets for the benefit of creditors; or
4. yourfavorite.com fails to inform
Customer in writing within 72 hours on the happening of any event specified in
this section.
The provisions of paragraphs in this
agreement survive any termination of this agreement.
H. By yourfavorite.com
immediately, if Customer initiates legal action; or threatens legal action; or
threatens to breach any section of this agreement including, but not limited to,
section 10b regarding payments.
12. NONASSIGNABILITY
Customer's rights and obligations under
this agreement may not be
transferred or assigned directly or indirectly without the prior
written consent of yourfavorite.com, which consent shall not be unreasonably
refused.
13. PARTIAL INVALIDITY
If any provision of this agreement is held
to be invalid by Suffolk Superior Court in Boston or any other court where
proceeding regarding this contract may be held, then the remaining provisions
shall nevertheless remain in full force and effect. yourfavorite.com and
Customer agree to renegotiate in good faith any term held invalid and to be
bound by mutually agreed substitute provision.
14. APPLICABLE LAW, JURISDICTIONAL MATTERS
This agreement takes effect when accepted
by yourfavorite.com in Boston.
It is to be governed by and construed under
the laws of the State of Massachusetts, and the United States of America. The
federal and state courts of the State of Massachusetts shall have exclusive
jurisdiction to adjudicate any non-arbitrable dispute arising out of this
agreement. Customer hereby expressly consents to
(1) the jurisdiction of the courts of
Massachusetts and (1) service of process being effective upon it by registered
mail sent to the address set forth at the beginning of this document or on the
original order, as may be changed from time to time by written notice actually
received by yourfavorite.com. To the extent permissible by the law of Customer's
jurisdiction, Customer waives any requirement that service of process or of any
documents be made upon it pursuant to the provisions of the Hague Convention.
15. NOTICES
Except with respect to service of process
as set forth in paragraph 12, all notices may be sent by email, fax, or express
mail to the email address, fax number, or address most recently provided and
will be effective upon transmission. Evidence of successful transmission shall
be retained.
17. ENTIRE AGREEMENT; MODIFICATIONS
This agreement sets forth the entire
agreement and understanding between the parties and merges all prior discussion
between them. yourfavorite.com may make changes to this agreement upon thirty
(30) days written notice to Customer, advising of the change and the effective
date thereof.
Utilization of yourfavorite.com services by
Customer and/or its Customers following the effective date of such change shall
constitute acceptance by Customer of such change(s).
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