Acceptable Uses Policy and Terms of Service (TOS) contract applicable to all yourfavorite.com users, customers and customers of affiliated websites. Use of yourfavorite.com services constitutes unconditional agreement to the following contract.
As a yourfavorite.com "customer," or "user" you must agree to these terms of service. Use of yourfavorite.com website, and/or products and/or services and /or software constitutes agreement to the following terms without condition: By agreeing to these terms you also agree to receive mail and email communication from yourfavorite.com and affiliates, including eTraderô Newsletter and Special Offers as well as product compliance updates and periodic statements
Yourfavorite.com products and services as well as access to websites is intended
for use by mature adults. Our customers are expected to use asll systems and
resources with respect, courtesy, and responsibility, giving due regard to the
rights of other Internet users when using web hosting products or services. 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
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, money laundering, factoring, scrubbing, and other illegal activities are prohibited.
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 reserve the right to determine what constitutes net abuse. Customers will take full financial responsibility for any incident of net abuse. . By using yourfavorite.com services, email communication is considered authorized, regardless of format and while use of the removal system is permitted, reporting such communication as "Spam," or "UCE," will be considered "net abuse" under this agreement.
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. Making threats, or threatening remarks toward employees, or representatives of yourfavorite.com
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 or API 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. Linking or hacking the databases supplied by yourfavorite.com and within software designed and licensed by yourfavorite.com in an inappropriate manner. By using system resources without having an established account with yourfavorite.com, or an affiliate, you will automatically become responsible for payment of per hour charges at the current published hourly rate, for any necessary administrator time that may result from your actions, plus actual damages. 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 should collections activity be required. Use of system resources with, or without placing an order, and with or without receiving official permission, will initiate your unconditional agreement to the terms of service.
Unauthorized Use of services or websites. Use of public web pages linked from the yourfavorite.com home page or other top level domain names managed by yourfavorite.com is permitted, as is accessing sites or web pages that are indexed in public search engines, however, it is prohibited to use web pages that are not intended for public use such as private pages, mock up pages, client pages, pages listed in the archives or history sections of yourfavorite.com, expired web pages with copyright dates older than 1 year, or password protected sections of any website, without the proper credentials. Accessing such pages without invitation, or rightfully issued credentials will be considered hacking under these terms.
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, BetterCheck Demo, or
finitesite.com free hosting.
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 unless part of a prior written rate plan with the increase already stated. 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 technical support; and $240 per hour for manager billing; and $240 per hour for developer billing; and $240 per hour for after-hours, weekend, and holiday hours billing. Holidy manager billing is $290 per hour. Travel time is billed at actual travel cost, plus $240 per hour while out of the office. Per minute technical support phone billing is billed at $120 per hour, or $2 per minute with a 1/2 hour minimum.
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)
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 billing date for that 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 for that product or service. By using the services you agree
to make payment for all services used on your account, including overages for
metered service, additional memory, bandwidth, transaction fees, monthly fees,
or other overage usage and fees and support charges if applicable.
E. LATE FEES AND SURCHARGES: 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. BetterCheck accounts with declined monthly billing will reset to a default rate of 25% more than the standard monthly rate. Reactivation of any suspended merchant account such as BetterCheck, Advanced BetterCheck, RoutingTool, CheckWriter Cloud 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.
FOR TOP LEVEL REGISTRATION ACCOUNTS:
Specific regulations that apply only to
LIMITATION OBLIGATIONS AND LIABILITY
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.comís 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 $50 for a period of more than 30 days by a customer, legal action against the customer may be filed in Boston or other jurisdiction if preferred by yourfavorite.com. All legal fees for all legal issues will be the responsibility of the customer, including the cost of information gathering required to comply with a subpoena where the customer, or customer's account is named. Information gathering is billed at actual cost of legal fees, materials, and incidentals, plus the currently published yourfavorite.com hourly rate, with a minimum charge of one hour per incident. The cost of transportation and lodging while in Boston, will also be the responsibility of the customer.
g. 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.
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.
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.
- 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 Bankcard, will result in a fee of $55 per disputed item (per case
number), plus actual
cost of collections. Customer must adhere to all refund policies. Disputes
are not valid if they fall beyond the terms of this agreement. Chargebacks initiated by
the customer during the course of a refund, in an attempt to obtain credit in
excess of the refund credit due, and while within the refund period, will
void the refund policy.
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. Non-qualified transactions are not accepted for BetterCheck or Advanced BetterCheck.
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.
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 for domain name registration accounts only. For BetterCheck, RoutingTool or CheckWriter virtual terminal products cancellation must be submitted using the online cancellation form linked from the productís support page. Mailed, faxed or emailed cancellation in to acceptable for virtual terminal products.
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;
E. By yourfavorite.com immediately, if Customer attempts to assign all or any part of this Agreement 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;
The provisions of paragraphs in this agreement survive any termination of this agreement.
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.
J. By yourfavorite.com with 30 days notice when an account is hosted on a platform that is no longer considered secure, or is considered a security risk. This includes products or services hosted on yourfavorite.com platforms that no longer meet PCI requirements, SSL requirements, SMTP, POP or other mail security requirements, or other industry standards that could put services or content at risk.
APPLICABLE LAW, JURISDICTIONAL MATTERS
It is to be governed by and construed under the laws of the State of Massachusetts, in Suffolk County, and the United States of America. The federal and state courts of the State of Massachusetts, as well as Boston Municipal Court, 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 (2) 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.
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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"eCommerce Resource Center," is a Service Mark of yourfavorite.com.