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Service Agreement - Terms and Conditions

Note: If you have already created an WithinMySite account but choose to not agree to all or any of the following terms and conditions after reading this agreement in full, please contact WithinMySite.com at support@WithinMySite.com to cancel your account.

Service Agreement

WithinMySite: Terms and Conditions

You (the WithinMySite customer and/or user, hereafter collectively referred to as "you") agree to purchase and/or use WithinMySite services in accordance with the terms and conditions of this Service Agreement ("Agreement").

  1. Customers are prohibited from transmitting on or through any of WithinMySite's services, any material that is, in WithinMySite's sole discretion, unlawful, obscene, threatening, abusive, libelous, or hateful, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law.
  2. WithinMySite services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. WithinMySite reserves the right to remove such illegal material from its servers.
  3. The customer is responsible for keeping his billing data with WithinMySite up-to-date and accurate. Furnishing false data on the sign up form, contract, or on line application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.
  4. The resale of WithinMySite products and services is not permitted, unless specifically permitted and documented in a written agreement.
  5. Stated bandwidth(s) apply only to the customer-to-WithinMySite router port attachment. No guarantee of end-to-end bandwidth on the Internet is made.
  6. a. You will use WithinMySite services only for lawful purposes. Any transmission or re-transmission of material in violation of any Federal or State laws and/or regulations is expressly prohibited. This extends to include, but is not limited to: any copyrighted materials, materials or communications prohibited by trade secret.
    b. As a customer of WithinMySite and a user of our services, you (as an individual, and/or officer or agent of a company, and/or company) agree to indemnify and to hold harmless WithinMySite from ANY and ALL claims resulting from the use of the service which causes damage to you or any other party. WithinMySite shall not be liable, either in contract or in tort, or for protection from unauthorized access of its customer's transmission facilities or customer-owned equipment on premises, or for unauthorized access to, alteration, theft or destruction of a customer's data files, programs, or information through accident, fraudulent means or devices, or any other method, even should such access occur as a result of WithinMySite's negligence. WithinMySite shall not be in any way responsible for claims or damages caused by a customer, through fault, negligence or failure to perform customer's responsibilities, claims against a customer by any other party; any act or omission of any party furnishing services and/or products; or for the installation and/or removal of any and all equipment supplied by any service provider or WithinMySite.
  7. WithinMySite will not be responsible for any damages you or your business suffers. WithinMySite makes NO WARRANTEES OF ANY KIND, EXPRESSED OR IMPLIED, for services we provide. WithinMySite also DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. This includes loss of data resulting from delays, non deliveries, wrong deliveries, and any and all service interruptions caused by WithinMySite and its employees by its own negligence or your errors or omissions.
  8. Any and all information you obtain through WithinMySite data network services (public and or private) is at your own risk.
  9. Any and all access to other networks via WithinMySite must be in compliance with all policies and rules of those networks. This applies to any other network that WithinMySite attaches to.
  10. Rates: Rates are set forth on the WithinMySite set up process. WithinMySite will provide 30 days written notice prior to a change in our base prices. In the event that you do not wish to continue your account paying the changed base price, you, the customer, have 10 days from the date of notification of the effective increase to provide WithinMySite with a written request to terminate services and incur no termination liability. Otherwise, the existing service will be billed at the new base prices. However, you will continue to be responsible for all charges up to 30 days from the date the WithinMySite notice was received.
  11. Payment is required to be paid at the time your services are ordered. These fees and charges are non-refundable. Invoices for subsequent months are billed 30 days in advance. Invoices are due in full no later than 30 days after the bill date. After that your service is subject to interruption. If your service is interrupted for non-payment there will be a restoration fee to be paid in full and WithinMySite may take up to 30 days to restore service after payment. This policy will be strictly enforced. If you are not able to meet our payment terms please do not apply for services. You, the customer, will pay all sales and use taxes, as well as duties or levies on products and services.
  12. In the event of default, WithinMySite may retake possession of any and all hardware and/or software it has supplied you, employees and/or agents (before, during and after any sanctions to recover sums of money). In such a case, you will provide WithinMySite full and free access to the hardware and/or software for this purpose. WithinMySite will retain all payments made hereunder, and recover charges you owe as well as any damages WithinMySite may have sustained due to your default. Title and property rights, including all intellectual property rights to services, are and shall remain with WithinMySite whether or not they are embedded in any programming, software and/or hardware.
  13. You recognize and acknowledge that any and all WithinMySite services and/or products, programming and software used hereunder constitute valuable trade secrets of WithinMySite. You will use your best efforts to protect and keep confidential any and all programming and software used by you, your employees, and/or agents and shall never make any attempt to copy, examine in any way, alter or re-engineer, tamper with, or otherwise misuse such services, programs, hardware, etc.
  14. a. Cancellation: WithinMySite may cancel and/or terminate service with 30 day written notice to you, the customer, for any reason.
    b. Only a written request to terminate service, made in accordance with paragraph 11.c. or 11.d. as applicable to you, relieves you and/or your company from the obligation to pay your charges. An act of default will accelerate payment to be due at once, and any type of credit agreement will be immediately and automatically terminated.
    c. Long-term service orders are considered to be anything extending over 3 months in length. To terminate long-term service, a company or an individual must provide WithinMySite with 45 days written notice. In case of early termination of any long-term order, the company or individual will pay a lump sum equal to six (6) months charges. There is NEVER a termination charge when a customer upgrades to a higher level of service.
    d. To terminate month-to-month service, a company or an individual must provide WithinMySite with 30 days written notice. There is NEVER a termination charge when a customer upgrades to a higher level of service.
  15. You shall provide all necessary preparations required to comply with WithinMySite's installation, maintenance and operational specifications. Customers will be responsible for all costs of relocation of service once installed by WithinMySite and/or its vendors, and will provide WithinMySite, and its suppliers of communication service and equipment, reasonable access to your premises to perform any acts required by this agreement.
  16. Physical Equipment and/or Software products that are NOT provided by WithinMySite are the responsibility of the customer, company or individual or both as the limits of the law allows for. WithinMySite will not be responsible for the installation of and/or service on equipment and/or software not provided by WithinMySite. All customers are responsible for the use and compatibility of hardware and software not provided by WithinMySite. In the event that the customer uses hardware and/or software that does impair the customer's use of WithinMySite services, the customer shall nonetheless be liable for regular payment to WithinMySite. Upon notice from WithinMySite that the hardware and/or software not provided by WithinMySite is causing, or in the sole opinion of WithinMySite, is likely to cause hazard, interference's or service obstruction, the customer shall eliminate the hazard, interference or service obstruction at once. Customers will, if necessary, pay WithinMySite to troubleshoot problems caused by such equipment and/or software not provided by WithinMySite. WithinMySite will not be responsible if any changes in hardware, software or services cause equipment not provided by WithinMySite to become obsolete, require modification or alteration, or in any other way affect the total performance of WithinMySite on an end-to-end basis and protect the WithinMySite backbone network and those networks attached to the WithinMySite network. In the case of customer-owned hardware and/or software connected to the WithinMySite network, the customer is totally responsible for any and all service to that equipment. WithinMySite, at its option, may supply technical services in the form of consulting and/or service to WithinMySite customers at their request. Such services will be billed out at rates set on the WithinMySite pricing sheet and/or at rates in effect at the time such services are requested. WithinMySite has the right to refuse any such technical services at its sole option. On leased telephone lines, no matter who the leasing party is, WithinMySite must have free and open access to such lines.
  17. WithinMySite always reserves the right to change its rates and otherwise modify these Terms and Conditions by notifying you 30 days in advance of the effective date of such changes. These Terms and Conditions hereby supersede all previous representations, understanding, or agreements and shall prevail notwithstanding any variance with terms and conditions of ANY and ALL orders submitted.
  18. As a WithinMySite customer you may not sell, assign or transfer your service order without the prior written consent of WithinMySite. WithinMySite may at any time sell, assign or transfer this agreement with no notice.
  19. WithinMySite will not be responsible for performance of its obligations thereunder where delayed or hindered by war, riots, embargoes, strikes or acts of its vendors and will attempt to notify customers in the event of any of the foregoing occurrences. Should such occurrences continue for more than 90 days, WithinMySite or its customers may cancel service for the affected services and/or products with no further liability.
  20. The provision of WithinMySite services and/or products are subject to WithinMySite's continuing approval of customer credit-worthiness. All WithinMySite customers shall furnish financial information upon request as WithinMySite may from time to time choose to re-determine a customer's credit-worthiness.
  21. Any legal action arising out of failure, malfunction or defects in WithinMySite's services or goods shall be brought within a period of one year of the occurrence or is deemed waived.
  22. If you are declared in default, WithinMySite will have all rights and remedies provided by law. WithinMySite may terminate your account and take any physical equipment and/or software products provided by WithinMySite subject to applicable state law, including the right to enter the premises where the physical equipment and/or software is kept in order to repossess it. You agree to pay WithinMySite's costs on demand as well as any reasonable attorney's fees and legal expenses incurred as a result of WithinMySite's exercise of any default remedies under this agreement.
  23. Severability. If any provision of this Agreement is not valid according to the law, all other provisions will remain in force. If any provision is stricken, both parties agree to negotiate a mutually acceptable substitute provision.
  24. Waiver. WithinMySite's failure to insist upon your complying with any term or provision of this lease or it's waiver of any default shall not be construed as waiving any such term or provision and shall not preclude WithinMySite from taking action regarding any subsequent default.
  25. Governing laws. This agreement shall be governed by the internal laws of the State of Utah.
  26. THESE TERMS AND CONDITIONS CANNOT BE MODIFIED EXCEPT BY WRITTEN AMENDMENT BY THE PARTIES. NO AGENT, EMPLOYEE OR REPRESENTATIVE OF WithinMySite HAS THE AUTHORITY TO BIND THE PARTIES TO ANY RESPRESENTATION OR WARRANTY UNLESS SUCH IS SPECIFICALLY INCLUDED IN THESE TERMS AND CONDITIONS, THE WithinMySite INTERNET SERVICE ORDER FORM OR WITH A WRITTEN AMENDMENT THERETO. NOTICE TO PARTIES OF DISPUTES ARISING UNDER THIS AGREEMENT SHALL BE SENT BY REGISTERED MAIL TO THE PARTIES AT THE ADDRESS SHOWN ON THE MOST RECENT SERVICE ORDER. THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF UTAH.
  27. ALL USERS DESIRING CONNECTIVITY ON THE INTERNET ARE SUBJECT TO THE ACCEPTABLE USE POLICY.
  28. Use of WithinMySite services by you as a company and/or an individual constitutes acceptance of these Terms and Conditions in full.
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