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|  |  | Term Of Service Cheaps.net Inc. ("Cheaps.net") agrees to furnish services to the Subscriber, subject to the following Terms of Service (TOS). Use of Cheaps.net services and resources constitutes acceptance and agreement to Cheaps.net's Terms Of Service & Acceptable Use Policy. All provisions of contracts with Cheaps.net are subject to the Terms Of Service (TOS) and Acceptable Use Policy (AUP). The Acceptable Use Policy (AUP) may be changed from time to time at the sole discretion of Cheaps.net. Members understand that changes in the Acceptable Use Policy (AUP) are not grounds for non-payment or early contract termination. 1. Disclosure: The subscriber gives Cheaps.net consent to disclose any and all information relating to the subscriber to any law enforcement agent who makes a written request without further consent, or notification to the subscriber. In this event, Cheaps.net reserves the right to terminate all services to this account without refund. 2. Service Rates: The subscriber acknowledges that the nature of services, and initial rates and charges have been communicated, or made available to the subscriber. The subscriber is aware that Cheaps.net may from time to time change the specified rates and charges. All offers are contingent on Cheaps.net meeting its cost of service goals, which may include, but is not limited to rates charged to the company by the suppliers it uses. 3. Payment: Establishment of services is dependent upon receipt by Cheaps.net of stated charges. Subsequent payments are due on the anniversary date of the month, for the term of service, whether monthly, quarterly, semi-annually, or yearly. All services provided by Cheaps.net are subject to the current tax rate as imposed by the city of Miami, state of Florida which is currently 6.5%. 4. Payments and Fee's: Credit cards which are declined may be subject to a $5.00 declination fee. Payments on credit cards which are reversed for any reason will be subjected to a $100.00 reversal fee. Services may be interrupted on any accounts which reach 14 days past due. Accounts interrupted as a result of non-payment will be subjected to a $100.00 reconnection fee. Accounts which are not paid by their due date are subject to a $15.00 late fee. Any additional service fee's, including technical support, bandwidth overage charges, and other additional fines, or fee's will be charged at the end of the month, or at Cheaps.net's discretion. Accounts which can not be collected by Cheaps.net may be turned over to an outside collection agency, and the subscriber agree's to pay a $100.00 Collection Fee. 5. Refunds and Disputes: All payments to Cheaps.net are non-refundable unless stated otherwise by Cheaps.net at the time of the dispute. All disputes of charges must be reported within 45 days of of the time the dispute occurred. If the subscriber disputes a charge to their credit card which is at Cheaps.net sole discretion a valid charge under the provisions of the Acceptable Use Policy (AUP) and/or Terms Of Service (TOS), the subscriber agrees to pay Cheaps.net a $100.00 reversal fee. 6. Failure to Pay: Cheaps.net reserves the right to deny service, or terminate accounts upon the failure of the subscriber to pay charges when due. Termination or denial as a result of failure to pay will not relieve the subscriber from the payment of all accrued charges, plus reasonable interest and all collection fee's. 7. Account Cancellation: All requests concerning account cancellations must be sent to Cheaps.net with at least 5 days notice, but not more then 7 days notice. All account cancellations must be confirmed with Cheaps.net.When requesting an account cancellation, the subscriber must have all information relating to their account on hand for verification. 8. Availability of Services: The subscriber acknowledges that the service provided is of a nature that services may be interrupted for reasons other than negligence of Cheaps.net such as Natural Disasters (flood, earthquake, cyclone, fire and other natural disasters that cause similar disruptions), war, riots, sabotage, internet backbone failure, telecommunications failure, changes caused by government regulations or policies. Any damages resulting from any interruption or degradation of services are difficult to ascertain. Therefore, the subscriber agrees that Cheaps.net shall not be liable for damages arising from causes beyond the direct and exclusive control of Cheaps.net. The subscriber also acknowledges that Cheaps.net's liability for it's own negligence may not in any event exceed the amount in equivalent charges payable by the subscriber for services during the period which damages occured. In no event whatsoever shall Cheaps.net be responsible or liable for any special or consequential damages, loss, or injury. 9. Domain Related: All accounts involving the registration, or transfer of an existing domain name will be set up and entered into Cheaps.net's DNS servers with 7 business days. Due to complications in domain transfer, some accounts involving the transfer of domains may take up to 60 days to process. If as a result of complications transfer of domain should take more then 7 days, and the subscriber cancels service before 60 days have incurred all charges will be considered valid and earned. 10. Support Boundaries: Cheaps.net reserves the right to limit it's technical support to it's area of expertise. Cheaps.net provides support for issues which directly relate to servers, or virtual accounts functioning. Support issues relating to programming, development, or software related problems will be billed to the subscriber at an additional rate in 30 minute minimum intervals. 11. SPAM: The subscriber acknowledges that Cheaps.net defines "SPAM" e-mail as any and all bulk e-mail and Unsolicited Commercial E-mail, messages, or postings, etc. The subscriber understands that they may not transmit, assist in the transmission, encourage third parties to transmit, or permit hosting of sites or any information which is advertised by SPAM from other networks or services. The subscriber acknowledges that they are responsible for any and all SPAM related actions which come from their account. 12. Internet Protocol (IP) Address Ownership: All Internet Protocol (IP) addresses which are assigned to subscribers belong only to Cheaps.net. Subscribers shall have no right to use Internet Protocol (IP) addresses except as permitted and assigned by Cheaps.net in it's sole discretion. Cheaps.net shall maintain control and ownership of all Internet Protocol (IP) addresses which it assigns, and reserves the right to modify, or remove any and all Internet Protocol (IP) addresses it assign's. 13. Bandwidth/Disk: The subscriber agrees that should they exceed the amount of bandwidth, or disk space allocated to them. Should the subscriber exceed allocated disk space or bandwidth, they shall pay Cheaps.net the respective "overage" charges which have been communicated, and/or made available to the subscriber. Cheaps.net reserves the right to deny disk space, or bandwidth ge which it deems to be unreasonable and the subscriber is aware that corrective action may be taken as a result, which may include discontinuance of any/all services, or termination of any/all services. The subscriber is aware that any corrective action taken as a result of the subscriber exceeding their allocated resources shall not entitle the subscriber to a refund of any fee's paid in advance prior to such corrective action. 14. Offensive Materials: Cheaps.net reserves the right to remove any and all materials which are deemed to be offensive by Cheaps.net. The subscriber is aware that Cheaps.net may delete, disconnect, or terminate any services, resources, or accounts on which the offensive materials are located, or connected to. The subscriber is aware that should Cheaps.net choose to take any action relating to materials or content which Cheaps.net deems as offensive shall not entitle the subscriber to a refund of any form. 15. Violation of Terms Of Service/Acceptable Use Policy: Cheaps.net is under no obligation to monitor its subscribers activities to determine whether violations of their Acceptable Use Policy (AUP) have occurred. Cheaps.net assumes no responsibility though its Acceptable Use Policy (AUP) to monitor or 'police' Internet-related activities. The subscriber is aware that Cheaps.net shall deal with each violation of the Acceptable Use Policy (AUP) and/or all other issues on a case-by-case basis, and is aware that Cheaps.net is under no obligation to provide "warnings" under any circumstances. Cheaps.net may choose to "warn" subscribers Cheaps.net feels that the subscriber may be breaking the Acceptable Use Policy (AUP). 16. Appearance and Network Protection: Cheaps.net reserves the right to protect it's network, resources, and services from influences which threaten to disrupt, or degrade Cheaps.net's network, resources, or services. The subscriber is aware that Cheaps.net may firewall, drop, or disable Internet Protocol (IP) addresses which may cause harm to Cheaps.net's resources, services, or appearance. This may include, but is not limited to: subscribers who project a negative appearance of themselves or of Cheaps.net, subscribers who attract, have attracted, or may attract Denial of Service (DoS) attacks, subscribers who are suspected of using Cheaps.net's services to SPAM, or Subscribers who are running insecure, or inappropriate services such as open proxy's/relays. 17. Service Cancellation/Suspension: Cheaps.net reserves the right to cancel or suspend any subscribers service which Cheaps.net feels may be the target, or source of any violations of the Acceptable Use Policy (AUP), or for any other reasons Cheaps.net chooses. If inappropriate activity is suspected, all accounts relating to the subscriber in question may be disabled for the duration of Cheaps.net's investigation. Cheaps.net will is under no obligation to refund, or credit the subscribers account(s) for such service interruptions. 18. Indemnification: The subscriber indemnifies Cheaps.net for any violation of the Acceptable Use Policy (AUP) and Terms Of Service (TOS) that results in loss to Cheaps.net, or the bringing of any claim against Cheaps.net by any third-party. If any damages are awarded against Cheaps.net as a result of the subscribers negligence, or a user on their systems, the subscriber agrees to pay any and all damages awarded against Cheaps.net, and all attorneys fee's. 19. Waiver: The subscriber understands that should Cheaps.net choose to give the subscriber a waiver for any breach of the Acceptable Use Policy (AUP), it shall not be used, or be constructed to be a waiver for continuing or subsequent breaches of the Acceptable Use Policy (AUP), or as a waiver for any other breaches of the Acceptable Use Policy (AUP). 20. Transfer of Ownership: The subscriber shall not transfer, or assign this agreement without the prior written consent of Cheaps.net. Cheaps.net reserves the right to cancel customers rights under this contract at anytime without further obligation. 21. Damages: Cheaps.net is not responsible for any damages which may damage the subscribers business. Cheaps.net does not make any written or implied warranties for any services it may offer. Cheaps.net denies any warranty or merchantability for any specific purpose. This may include, but is not limited to loss of data resulting in delays, incorrect deliveries, non-deliveries, any and all service interruptions caused by Cheaps.net 22. Content: The subscriber acknowledges that they are solely responsible for the content stored on, or transferred through Cheaps.net's services and/or resources. 23. Personal Information: The subscriber grants Cheaps.net consent to collect, and/or store personal information relating to the subscriber. This may include, but is not limited to credit history, credit card information, and information relating to the subscribers online activities. The subscriber is aware that Cheaps.net may choose to store specific billing information relating to the subscriber such as, but not limited to credit card numbers, and additional information for the convenience of automatic billing. The subscriber consents Cheaps.net to automatically bill the subscriber for all reccuring services, and/or additional charges, expenses, or penalties. 
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