Terms of Use
This Terms of Use Agreement (the “Agreement”) controls your referred to as “Customer,” “you,” or “your”) use of PEACE OF MIND PATERNITY & DNA TESTING, INC. web site and related services. In this agreement you and PEACE OF MIND PATERNITY & DNA TESTING, INC. may be collectively referred to as “the parties.” Please read this Agreement in its entirety. By using the Services, you agree to be bound by this Agreement and other user policies and agreements PEACE OF MIND PATERNITY & DNA TESTING, INC. may establish from time to time including the PEACE OF MIND PATERNITY & DNA TESTING, INC. Acceptable Use Policy. If you do not wish to be bound by this Agreement and the other PEACE OF MIND PATERNITY & DNA TESTING, INC. policies, please do not use PEACE OF MIND PATERNITY & DNA TESTING, INC. Services.
This Agreement is effective as of the Customer account creation date (the “Effective Date”) between the Customer and PEACE OF MIND PATERNITY & DNA TESTING, INC.. PEACE OF MIND PATERNITY & DNA TESTING, INC. agrees to provide hosting services and Customer agrees to accept and utilize PEACE OF MIND PATERNITY & DNA TESTING, INC.’s service according to the terms of this Agreement and the Order Form (if applicable) which has been executed by the parties and attached hereto.
1. Term. This Agreement shall be effective on a calendar month-to-calendar month basis or a specific term length as set forth in an order form, written request, verbal request or electronic transmission beginning on the Effective Date and continuing until terminated as provided herein. This Agreement may be revoked by PEACE OF MIND PATERNITY & DNA TESTING, INC. in accordance with the terms herein at any time prior to the Effective Date.
2. Termination by PEACE OF MIND PATERNITY & DNA TESTING, INC. / Acceptable Use. PEACE OF MIND PATERNITY & DNA TESTING, INC., in its sole business judgment, may terminate this Agreement immediately and without prior notice or immediately suspend Customer’s access to the Service upon any breach of either this Agreement or PEACE OF MIND PATERNITY & DNA TESTING, INC.’s Acceptable Use Policy (available on the PEACE OF MIND PATERNITY & DNA TESTING, INC. web site) by Customer, including, but not limited to, (a) refusal or failure to pay for Service or (b) by sole judgment of PEACE OF MIND PATERNITY & DNA TESTING, INC. that Customer may be performing activities harmful to PEACE OF MIND PATERNITY & DNA TESTING, INC. or its other Customers, employees, vendors, business relationships or other users of the Internet, including but not limited to, spamming; harassment; falsifying information; defamation; violating a third party’s privacy; infringing a third party’s intellectual property rights; or hacking or other effort to gain unauthorized access to any server, directory, or account information. PEACE OF MIND PATERNITY & DNA TESTING, INC. may also terminate this Agreement without cause at any time upon thirty (30) days prior Notice.
Unauthorized use of the PEACE OF MIND PATERNITY & DNA TESTING, INC. Services in connection with the transmission of unsolicited bulk e-mail (“SPAM”), including the transmission of counterfeit e-mail, may result in civil and criminal penalties against the sender, including those provided by the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.) PEACE OF MIND PATERNITY & DNA TESTING, INC.’s response to a first spamming offense is to either terminate the account immediately or advise and educate the Customer through an e-mail warning and/or phone call, in PEACE OF MIND PATERNITY & DNA TESTING, INC.’s sole discretion. A minimum $100 (One Hundred U.S. Dollars) per hour spam handling fee will be charged to Customer’s account for all valid complaints, as determined by the PEACE OF MIND PATERNITY & DNA TESTING, INC. Abuse Team.
3. Termination by Customer. Customer may terminate this Agreement if month-to-month, upon forty-five (45) days prior notice and full payment of all subscription fees through the end of the notice period. Term accounts may only be canceled by paying a cancellation fee equal to seventy-five percent (75%) of the remaining contract balance and by making payment of any outstanding telecommunications charges related to the establishment, maintenance and cancellation of Service to the Customer. Notwithstanding anything to the contrary in this Agreement, if PEACE OF MIND PATERNITY & DNA TESTING, INC. breaches any material term of this Agreement and such breach continues for ten (10) business days after Customer has notified PEACE OF MIND PATERNITY & DNA TESTING, INC., you may immediately terminate this Agreement.
4. Data. Customer understands and agrees the Internet is a conglomeration of networks and servers operated by distinct entities having no business or legal relationship to PEACE OF MIND PATERNITY & DNA TESTING, INC.. PEACE OF MIND PATERNITY & DNA TESTING, INC. has no input whatsoever as to the content of Internet data accessed via the Service. Customer is solely responsible for any value or reliance it places on information obtained via the Internet or the Service. INFORMATION DERIVED AS A RESULT OF THIS AGREEMENT IS PROVIDED “AS IS” AND AT CUSTOMER’S OWN RISK.
5. Illegality/Adult Content Policy. PEACE OF MIND PATERNITY & DNA TESTING, INC. neither sanctions nor permits hosted site content or the transmission of data that contains illegal or obscene material or fosters or promotes illegal activity. PEACE OF MIND PATERNITY & DNA TESTING, INC. reserves the right to immediately suspend or terminate any site or transmission that violates this policy, without prior notice. In the event of such termination, Customer agrees that the unused portion of any fees Customer may have paid for any Services rendered to Customer by PEACE OF MIND PATERNITY & DNA TESTING, INC. are an appropriate recompense to PEACE OF MIND PATERNITY & DNA TESTING, INC. for the time required to respond to and address issues created by Customer’s illegal or obscene site/content, and Customer agrees not to seek recovery of those fees. Further, should Customer violate this policy, PEACE OF MIND PATERNITY & DNA TESTING, INC. will actively assist and cooperate with law enforcement agencies and government authorities in collecting and tendering information about Customer, Customer’s site, the illegal or obscene content, and those persons that may have inappropriately accessed, acquired, or used the illegal or obscene content.
6. Limited Warranty/Security. PEACE OF MIND PATERNITY & DNA TESTING, INC. warrants only that it shall, subject to the terms and conditions of this Agreement, provide Customer the Service. CUSTOMER AGREES THAT THE SERVICE IS BEING PROVIDED “AS AVAILABLE” AND “AS IS,” WITH ALL FAULTS ACCEPTED. PEACE OF MIND PATERNITY & DNA TESTING, INC. MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, RELATIVE TO THIS AGREEMENT AND THE SERVICES DERIVED THEREUNDER AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR AGAINST INFRINGEMENT. PEACE OF MIND PATERNITY & DNA TESTING, INC. FURTHER DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE INTERNET AND INFORMATION DERIVED THEREFROM. PEACE OF MIND PATERNITY & DNA TESTING, INC. DOES NOT WARRANT THAT THE SERVICE OR THE CONTENT WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL CONTENT AND ACTIVITY. IT IS THE CUSTOMER’S SOLE RESPONSIBILITY TO PERFORM ANTI-VIRUS SCANS, SECURE THE CONTENT OF HOSTED SITES AGAINST HACKERS AND OTHER SECURITY INTRUSIONS (INCLUDING PROTECTION OF CREDIT CARD OR PERSONAL INFORMATION BELONGING TO CUSTOMER’S CUSTOMERS), AND OTHERWISE MONITOR WHAT MAY BE HARMFUL OR OFFENSIVE CONTENT ON YOUR SITES OR RUNNING THROUGH YOUR CONNECTION TO THE INTERNET. YOU MUST DETERMINE THE SUITABILITY OF THE PEACE OF MIND PATERNITY & DNA TESTING, INC. SERVICES FOR THE AFOREMENTIONED TASKS, GIVEN YOUR PARTICULAR USE OF THE INTERNET. IF THE SERVICES, AS PROVISIONED, DO NOT ENABLE YOU TO FULFILL THESE RESPONSIBILITIES, IT IS YOUR RESPONSIBILITY TO SECURE PRODUCTS OR SERVICES, AT YOUR EXPENSE, THAT PERMIT YOU TO MEET THESE SECURITY OBLIGATIONS.
7. Limitation of Liability. Each party specifically agrees that, in no event, shall either party’s liability as a result of this Agreement and the provision of Service hereunder, exceed Customer’s monthly fee for any single month during which any claim of liability arose or the amount paid for any term Agreement. Neither party shall have liability whatsoever for any indirect, special, incidental, consequential or punitive damages of any kind, including but not limited to, lost revenue and lost profit.
8. Compliance and Indemnification. Customer agrees to use the Service in compliance with all applicable laws, and to host files or content, if at all, only with the consent of the copyright, trademark, domain name, or patent owner. Customer shall be charged for all costs incurred by PEACE OF MIND PATERNITY & DNA TESTING, INC., including reasonable attorney fees, for any claim, loss, or damage arising out of Customer’s use or misuse of the Internet or the Services. Customer specifically agrees to defend, indemnify, and hold harmless PEACE OF MIND PATERNITY & DNA TESTING, INC., its officers, and employees from any claim, loss, or damage, including costs and reasonable attorney fees, arising out of any act or omission of Customer under this Agreement or its use of the Service. PEACE OF MIND PATERNITY & DNA TESTING, INC. specifically agrees to defend, indemnify, and hold harmless Customer, its officers, and employees from any claim, loss, or damage, including costs and reasonable attorney fees, arising out of any act or omission of PEACE OF MIND PATERNITY & DNA TESTING, INC. under this Agreement or its use of the Service.
9. Personal Files/E-mail Inbox. PEACE OF MIND PATERNITY & DNA TESTING, INC. is not responsible for back ups of Customer’s personal files or other information. PEACE OF MIND PATERNITY & DNA TESTING, INC. reserves the right to delete Customer information and files upon termination of the Service. Any IP addresses assigned to Customer are considered loaned by PEACE OF MIND PATERNITY & DNA TESTING, INC. and will revert back to PEACE OF MIND PATERNITY & DNA TESTING, INC. after cessation of the Service. E-mail inboxes have size limits set by PEACE OF MIND PATERNITY & DNA TESTING, INC.. Once that size limit is reached or exceeded, Customer will receive notification, and no more e-mail will be delivered to that inbox until the size of the inbox is reduced by Customer to below the limit for that account.
10. Privacy. Privacy issues are governed by PEACE OF MIND PATERNITY & DNA TESTING, INC.’s Privacy Policy, and that document should be consulted for any questions you may have about how PEACE OF MIND PATERNITY & DNA TESTING, INC. uses your Customer information. You are required to develop and post a privacy policy on your web sites to the extent you gather any personal information from your customers or from visitors to your site.
11. Governing Law and Venue. This Agreement shall be construed under the laws of the State of New York. Federal and state New York courts shall have jurisdiction and venue over this Agreement and the parties, and the exclusive venue for all litigation hereunder shall be commenced and maintained in New York.
12. Notice. Notice to PEACE OF MIND PATERNITY & DNA TESTING, INC. shall be in writing and delivered by hand, e-mail, facsimile, or, if sent by certified mail, return receipt requested, or a nationally recognized overnight delivery service that keep records of deliveries and attempted deliveries (such as FedEx). It is imperative that PEACE OF MIND PATERNITY & DNA TESTING, INC. be able to contact Customer at all times. Customer must promptly advise PEACE OF MIND PATERNITY & DNA TESTING, INC. of any changes to his, her or its contact information, including mailing and e-mail addresses and phone number. Failure to do so constitutes grounds for immediate termination; moreover, any notices from PEACE OF MIND PATERNITY & DNA TESTING, INC. to Customer sent to Customer’s last known e-mail address as provided by Customer to PEACE OF MIND PATERNITY & DNA TESTING, INC. shall be deemed effective even if Customer has failed to provide updated information to PEACE OF MIND PATERNITY & DNA TESTING, INC..
13. Payment/Taxes. Customer shall pay PEACE OF MIND PATERNITY & DNA TESTING, INC. for all charges listed on PEACE OF MIND PATERNITY & DNA TESTING, INC.’s invoice, including all shipping and handling charges and other charges incidental to the provisioning of the Services. Unless otherwise stated on the face hereof, all payments shall be due upon receipt of invoice. On any amounts not paid when due, Subscriber agrees to pay interest at the rate of 1.5% per month (18% per year) or, if such rate is in excess of the rate allowed by law, then Subscriber agrees to pay the highest rate allowed by law. In addition, Subscriber agrees to pay all costs of collection, including costs of litigation and reasonable attorneys’ fees. Subscriber agrees to execute financing statements and other instruments at PEACE OF MIND PATERNITY & DNA TESTING, INC.’s request. A $20.00 (Twenty US Dollars) collection fee will be charged for all dishonored checks. Any tax liability arising from Customer’s use of the Service (other than taxes on PEACE OF MIND PATERNITY & DNA TESTING, INC. income) will be Customer’s responsibility. Customer will pay all sales and use taxes relating to the Service, as well as all duties or levies on Products and Services.
(a) Payment Terms. Unless otherwise subscribed or agreed, payment of the selected Service is due monthly on the first day of each calendar month for the Hosting Service to be rendered during the upcoming month and/or for any service provided in previous or ending month. PEACE OF MIND PATERNITY & DNA TESTING, INC. reserves the right to adjust its fees for Service hereunder at any time in the event PEACE OF MIND PATERNITY & DNA TESTING, INC. experiences a rate increase from its telecommunications supplier. However, if Customer has signed a term agreement, PEACE OF MIND PATERNITY & DNA TESTING, INC.’s pricing will remain constant for the agreed-to term.
A fee of $25 (Twenty Five US Dollars) will be assessed for the following reasons: (1) late payment, (2) payment with insufficient funds, (3) denied or invalid credit card number, or (4) restart of Service terminated for nonpayment. Payment is late after the fifth (5th) calendar day of the month. PEACE OF MIND PATERNITY & DNA TESTING, INC. may change any fee, rate, or plan upon thirty (30) days’ notice. Refunds, if any, from termination or cancellation of term or prepaid accounts are only available as if the Customer were a month-to-month Customer, and will not be based on the discount the Customer may have received for prepaying the account.
(b) Payment Method. CUSTOMER HEREBY AUTHORIZES CHARGES TO BE MADE IN ADVANCE TO THE IDENTIFIED CREDIT CARD EACH MONTH FOR THE DURATION OF THIS AGREEMENT IN THE AMOUNT OF THE SELECTED SERVICE SET FORTH BELOW OR AS CHANGED BY INTERLAND AFTER NOTICE TO CUSTOMER. Payment may be made by check or purchase order only by key accounts and only upon prior authorization by PEACE OF MIND PATERNITY & DNA TESTING, INC.. Customer additionally authorizes periodic verification of credit worthiness. PEACE OF MIND PATERNITY & DNA TESTING, INC., in its sole discretion and judgment, may discontinue credit at any time without notice.
14. Force Majeure. PEACE OF MIND PATERNITY & DNA TESTING, INC. shall not be liable for any delay in performance directly or indirectly caused by or resulting from acts of God, or any third party telecommunications or Internet connectivity providers, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, late delivery by suppliers or other difficulties which are beyond the reasonable control of PEACE OF MIND PATERNITY & DNA TESTING, INC..
15. Waiver; Severability. No waiver by either party of any breach by the other party of any provision of this Agreement shall be deemed or construed to be a waiver of any succeeding breach of such provision or as a waiver of the provision itself. If any provision of this Agreement is stricken as unenforceable, the rest of the Agreement shall remain in full force and effect.
16. Successors and Assigns. This Agreement is not assignable or delegable in whole or in part by Customer without the prior express written consent of PEACE OF MIND PATERNITY & DNA TESTING, INC.. This Agreement shall be binding upon the heirs and successors of the parties hereto, the assigns of PEACE OF MIND PATERNITY & DNA TESTING, INC., and permitted assigns of Customer. This Agreement is assignable by PEACE OF MIND PATERNITY & DNA TESTING, INC. provided PEACE OF MIND PATERNITY & DNA TESTING, INC. gives Customer written notice of such an assignment and the assigning party(ies) is/are capable of performing all of PEACE OF MIND PATERNITY & DNA TESTING, INC.’s obligations hereunder.
17. No Resale. The Service provided hereunder is limited to Customer and may not be resold in any manner whatsoever unless Customer selects a reseller plan and PEACE OF MIND PATERNITY & DNA TESTING, INC. provides written acceptance of Customer’s selection of a reseller plan.
18. Modification or Amendment to Agreement. This Agreement may be amended or modified from time to time upon Notice to Customer in PEACE OF MIND PATERNITY & DNA TESTING, INC.’s sole discretion. This Agreement shall not be supplemented or modified by any course of dealing or other trade usage.
19. Entire Agreement. These terms and conditions constitute the entire Agreement with regard to the subject matter hereof and expressly supersede and replace any prior or contemporaneous agreements, written or oral, relating to this Agreement. This Agreement may be amended by PEACE OF MIND PATERNITY & DNA TESTING, INC. at any time without notice, so please check back frequently to review changes. This Agreement may not be amended by Customer unless the amendment is approved by both parties in writing.