System Policies Please take the time to read over our policies and procedures and then click AGREE or DISAGREE at the bottom of this page for the next step of your signup process. TERMS AND CONDITIONS OF THE TECHNOTWIST MASTER SERVICES AGREEMENT This agreement represents a complete agreement and understanding between TechnoTwist and the Client. This agreement supersedes any other prior written or oral agreement held with TechnoTwist for Internet services. TechnoTwist reserves the right to modify terms and conditions, pricing structure, as well as discontinue or change the services offered without notification. Current published Client terms and conditions are available on-line or through the TechnoTwist accounting office. MASS E-MAIL ACCOUNTS NOT ACCEPTED by TechnoTwist. WHEREAS the Client desires TechnoTwist to provide, and TechnoTwist agrees to provide, certain commercial Internet services for Client in accordance with the terms and conditions hereinafter set forth; NOW THEREOF TechnoTwist and the Client agree as follows: 1. Services: TechnoTwist shall provide the Services as further described on the Schedule(s) attached hereto for the Client. This Agreement shall act as the master agreement and cover all future Services contracted for by the Client from TechnoTwist. Schedules may be added to this Agreement and modified from time to time upon the agreement of the parties hereto, and each Schedule, as added or so modified, shall become incorporated into and form part of the terms of this Agreement. 2. Terms: This Agreement will be effective as of the date of processing by TechnoTwist. This Agreement shall automatically renew for another term, equal in length of time to the Term originally agreed upon and will continue until otherwise terminated by the Client or TechnoTwist. The Client may terminate TechnoTwist Services by giving 30 days notice in writing, via certified mail, to TechnoTwist. E-mail or telephonic termination requests do NOT satisfy termination requirements. 3. Terms And Conditions: The Terms and Conditions attached to this agreement and any and all Schedules annexed hereto form an integral part of this agreement, are enforceable and binding as between the parties hereto and should be read by the Client before execution. 4. Service Availability: TechnoTwist shall make the services available to the Client, their affiliates, trading partners, customers, and the public, on a best efforts basis. The Client acknowledges that the Internet and related technologies are still evolving and disruptions of service do happen from time to time. TechnoTwist has no control over the quality of the telephone lines and network conditions. It is further understood that TechnoTwist may not be operating at times due to maintenance on the network or telephone connections. TechnoTwist does not regulate available Internet content therefore all minors applying for services must have written parental consent. Client acknowledges that TechnoTwist has no control of available material on the Internet. Client is responsible for determining what content is legally acceptable in the state of Nevada. 5. Liability: TechnoTwist’s sole obligation and the Client’s exclusive remedy, for any cause whatsoever arising out of or relating to this Agreement and the transactions contemplated hereby, are limited to the Client’s right to be compensated for the Service Interruptions as set forth in this Agreement. Other than liability for the foregoing, TechnoTwist shall not be liable for any loss, cost, claim or damage suffered or incurred by the Client or any third party and arising out of any faults, interruptions or delays in the delivery of Services; destruction of data, or errors or omissions in the data supplied by the Client, which resides on TechnoTwist’s servers. TechnoTwist makes no representations, warranties, conditions or guarantees as to the merchantability, fitness for a particular purpose or any other representations, warranties, conditions or guarantees regarding the Services, whether express or implied in law or in fact, or in writing, except as expressly stated in this agreement. The Client hereby acknowledges that it has not relied upon any representation, warranty, condition or guarantee made by TechnoTwist. TechnoTwist uses Public Key Cryptography to encrypt data communications among the parties to protect the data from alteration or observation during transmission. However, as the data passes over the public packet switch network, TechnoTwist does not represent, warrant, covenant or guarantee that the transfer of data between TechnoTwist and the Client, or the transfer among the Client’s trading partners, cannot be received or intercepted by other persons or machines. Notwithstanding any provision containing herein to the contrary, in no event will the aggregate liability of TechnoTwist, its affiliates and their directors, officers, employees, agents, consultants or subcontractors to the Client or to any other party for damages, direct or otherwise, arising out of or in connection with this Agreement, exceed the Service Fee actually paid to TechnoTwist during the Term, regardless of the cause or form of action, whether claims therefore are grounded in contract, tort or strict liability. 6. Fees: Client agrees to pay the published rates, and does hereby acknowledge receipt of copy of said rates, for the use of services provided by TechnoTwist. TechnoTwist may change these rates at its discretion. Service Fees paid through automatic credit/debit card will be automatically debited on the first Friday of every month. Service Fees paid through automatic bank withdrawal will be automatically debited on the first Monday following the first Friday of every month. Service Fees for the first month of Full Service Packages will be prorated according to the exact day Service commences. The Client shall pay TechnoTwist the Service Fees in U.S. currency only. Any refunds due for cancelled service on Full Service Packages will be prorated for any unused portion of the month(s) paid. Domain Registration Fees, any Setup Fees, and any Discounted Service Packages, including Yearly Discounted Service Packages are non-refundable. Accounts delinquent in payment are subject to being suspended and/or terminated without notice. Suspended accounts will be assessed the balance due and a $25.00 reconnect fee if they wish to continue service. Suspended and terminated accounts are subject to removal from the host system without notice. TechnoTwist charges a $25.00 Service Charge on returned checks for any reason. The Client acknowledges financial responsibility for the account until payment is made in full. 7. Termination of Service: TechnoTwist may terminate any or all Services in this Agreement immediately, without further obligation to the Client in the event of any violation of TechnoTwist’s Terms and Conditions or on site policy as posted on the TechnoTwist’s Corporate Website or at the location defined in each of the Schedules of Services. TechnoTwist reserves the right to monitor access to this service and to remove, at its sole discretion and without prior notice any informational material or software which it believes to be unlawful or objectionable. Violations of the Client Terms and Conditions are unethical and may be criminal offenses. TechnoTwist has a zero tolerance for Spam. Any client caught sending out Spam emails will be terminated immediately with no refund. In such case, client may face legal and financial penalties. 8 Compliance: TechnoTwist will not be in compliance with the Electronic Communications Privacy Act (E.C.P.A.). TechnoTwist reserves the right to refuse service to anyone. 9. Confidentiality: Each party shall maintain the confidentiality of all confidential information disclosed by the other party, including the existence and terms of this Agreement, and shall not copy or use any such confidential information except as allowed by this Agreement. The foregoing shall not apply to information which is or becomes publicly known otherwise than by reason of a breach of this Agreement or has been independently developed outside this scope of this Agreement. 10. Force Majeure: If at any time during the Term of this Agreement TechnoTwist is unable to provide the Services by reason of the occurrence of an event of Force Majeure, TechnoTwist will be excused from the performance of its obligations hereunder, during the continuance of such liability, provided that TechnoTwist provides notice of the occurrence of an event of Force Majeure within 75 hours of its occurrence and takes reasonable measures to prevent or remove the Force Majeure. Force Majeure means a fire, wind, flood, epidemic, earthquake, snowstorm, ice buildup, or any other act of Nature, explosion, equipment malfunction, damage to equipment or facilities, strike, riots, any government ordinance or any governmental regulation or order of any court, fraud, breaches of system security or any other event not within reasonable control of TechnoTwist, which renders continued provision of the Services under this Agreement illegal, unsafe or impracticable. 11. Copyrights: Without prior written approval by TechnoTwist, Client will not use the TechnoTwist forms, trade name and/or trademark in any advertising other than that provided by TechnoTwist. 12. Payments: a) If Client faxes in a check, Client agrees to give TechnoTwist permission to recreate the check draft with its own computer system; b) If Client decides to use a credit card and for any reason there is a discrepancy, Client agrees to resolve the charge directly with TechnoTwist. Therefore, Client relinquishes all rights to issue any charge backs to TechnoTwist; c) If Client attempts to put a stop payment on a check, or issue a charge back on a credit card, Client’s actions will be construed as fraud. All Client’s services will be terminated and Client may face legal action. 13. Agreement: a) Client has read and understands the company policies and procedures and the refund policy; b) Any provisions in part or in whole in this document found invalid will not invalidate any other provision; c) As the buyer, Client understands that he/she may cancel this contract any time within the next three (3) business days following the date on which Client agrees to this agreement. Client must notify TechnoTwist at 56 El Rio Ct, Henderson, Nevada 89012-5693 in writing, sent via certified mail, by delivering in person, by telegram, or by telephone as long as the telephone notification is followed by written confirmation, sent to TechnoTwist via certified mail, within five (5) days. All services monies will be refunded if Client cancels this contract as prescribed by law. 14. Jurisdiction: This Agreement shall be governed by the construed in accordance with the laws of the State of Nevada and to the extent allowable, the substantive laws of the State of Nevada shall apply to the agreement (including the Nevada Revised Statutes). Any legal action or other proceeding brought by either the Purchaser or Seller to enforce or interpret this Agreement shall be filed in Nevada. 15. Client agrees to use the services provided by TechnoTwist as permitted by applicable local, state, and federal laws. The Client agrees, therefore, not to use these services to conduct any business or activity or solicit the performance of any activity that is prohibited by law. 16. The account holder acknowledges that TechnoTwist is a commercial entity. TechnoTwist networks may be used by Clients to conduct legal businesses. The Client should not impinge upon the use of TechnoTwist services by other account holders. TechnoTwist services are not to be used to send unsolicited advertising or promotional material to other network users. Electronic mail and appropriate USENET news groups may be used in the conduct of legitimate businesses. Agree ssss ssss Disagree Continue with Signup Return to the TechnoTwist Home Page
System Policies
Please take the time to read over our policies and procedures and then click AGREE or DISAGREE at the bottom of this page for the next step of your signup process.
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