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.
Terms and Conditions
(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").
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.
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.
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.
resale of WithinMySite products and services is not
permitted, unless specifically permitted and documented
in a written agreement.
bandwidth(s) apply only to the customer-to-WithinMySite
router port attachment. No guarantee of end-to-end
bandwidth on the Internet is made.
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.
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.
and all information you obtain through WithinMySite
data network services (public and or private) is at
your own risk.
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
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.
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.
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.
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
laws. This agreement shall be governed by the internal
laws of the State of Utah.
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.
USERS DESIRING CONNECTIVITY ON THE INTERNET ARE SUBJECT
TO THE ACCEPTABLE USE POLICY.
of WithinMySite services by you as a company and/or
an individual constitutes acceptance of these Terms
and Conditions in full.