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IMPORTANT
NOTICE: *All
Payments To Interjuncture Corp. Are Non-Refundable*
Interjuncture Corp. and/or its subsidiaries (collectively "The Company", "Interjuncture") agrees to furnish services
to the Subscriber, subject to the following TOS (Terms of Service).
Use of Interjuncture Services constitutes acceptance and agreement
to Interjuncture's AUP as well as Interjuncture's TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service)
of Interjuncture and AUP
(Acceptable Use Policy). The AUP
may be changed from time to time at the discretion of the Company. Subscriber
understands that change to the AUP by the Company shall not be grounds
for early contract termination or non-payment.
This Agreement shall be construed in all respects in accordance with the
laws of the state of Illinois, county of McHenry, applicable to contracts
enforceable in that state. Venue will be McHenry County, Illinois.
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Disclosure
to Law Enforcement: The AUP specifically
prohibits the use of our service for illegal activities. Therefore,
Subscriber agrees that the Company may disclose any and all subscriber
information including assigned IP numbers, account history, account
use, etc. to any law enforcement agent who makes a written request
without further consent or notification to the Subscriber. In addition,
Interjuncture shall have the right to terminate all service set
forth in this Agreement.
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Service
Rates: Subscriber acknowledges that the nature of the service
furnished and the initial rates and charges have been communicated
to Subscriber. Subscriber is aware that the Company may prospectively
change the specified rates and charges from time to time. The promotional
offer is contingent upon Company achieving and maintaining its cost
of service goals including but not limited to rates charged to company
by its suppliers.
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Payment:
Establishment of this service is dependent upon receipt by the Company
of payment of stated charges. Subsequent payments are due on the anniversary
date of the contract term for that contract term's service. The above
applies to all accounts and services provided by Interjuncture.
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Payments
and Fees: Credit cards that are declined for any reason are subject
to a $1.00 declination fee. Service will be interrupted on accounts
that reach 7 days past due. Service interrupted for nonpayment is
subject to a $30 reconnect charge. Accounts not paid by due date
are subject to a $10 late fee. Accounts that are not collectable
by Interjuncture may be turned over to an outside collection agency
for collection. If your account is turned over for collection, you
agree to pay the company a "Processing and Collection" Fee of not
less than $50 nor more than $150. If you desire to cancel your account,
please follow the proper procedure to do this as outlined in this
TOS.
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Refund
and Disputes: All payments to Interjuncture are
nonrefundable. This includes the one time setup fee and subsequent
charges regardless of usage. All overcharges or billing disputes must
be reported within 60 days of the time the dispute occurred. If you
dispute a charge to your credit card issuer that, in Interjuncture's
sole discretion is a valid charge under the provisions of the TOS
and/or AUP, you agree to pay Interjuncture an "Administrative Fee"
of not less than $50 and not more than $150.
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Failure
to Pay: The Company may temporarily deny service or terminate
this Agreement upon the failure of Subscriber to pay charges when
due. Such termination or denial will not relieve Subscriber of responsibility
for the payment of all accrued charges, plus reasonable interest and
any collection fees.
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Account
Cancellation: All requests for canceling accounts must be made
either through your Account Manager or in writing. You must
provide at least 5 days notice of cancellation.
Please send written cancellation requests to:
Interjuncture
Attn: Cancellations
500 Coventry Ln Ste 270
Crystal Lake, IL 60014
support@interjuncture.com
Your cancellation notice must contain your the primary email address of your billing account and the hostname/domain name of the account to be cancelled.
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Subscriber
acknowledges that the service provided is of such a nature that service
can be interrupted for many reasons other than the negligence of the
company and that damages resulting from any interruption of service
are difficult to ascertain. Therefore, subscriber agrees that the
company shall not be liable for any damages arising from such causes
beyond the direct and exclusive control of the company. Subscriber
further acknowledges that the company's liability for its own negligence
may not in any event exceed an amount equivalent to charges payable
by subscriber for services during the period damages occurred. In
no event shall the company be liable for any special or consequential
damages, loss or injury.
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Support
Boundaries: Interjuncture provides 24 x 7 technical support
to our subscribers via email and the Interjuncture Support Center.
Interjuncture does not provide technical support for YOUR customers.
If you can email, we encourage you to email support@interjuncture.com
for assistance. If you are able to get online and have other questions,
the answers may be on our support page at http://support.interjuncture.com/
- we encourage you to check there first.
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SPAM
and Unsolicited Commercial Email (UCE): Interjuncture takes
a zero tolerance approach to the sending of Unsolicited Commercial
Email (UCE) or SPAM over our network. Very simply this means that
customers of Interjuncture may not use or permit others to use
our network to transact in UCE. Customers of Interjuncture may
not host, or permit hosting of, sites or information that is advertised
by UCE from other networks. Violations of this policy carry severe
penalties, including termination of service.
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Violation
of Interjuncture's SPAM policy will result in severe penalties.
Upon notification of an alleged violation of our SPAM policy,
Interjuncture will initiate an immediate investigation (within
48 hours of notification). During the investigation, Interjuncture
may restrict customer access to the network to prevent further
violations. If a customer is found to be in violation of our SPAM
policy, Interjuncture may, at its sole discretion, restrict,
suspend or terminate customer's account. Further, Interjuncture
reserves the right to pursue civil remedies for any costs associated
with the investigation of a substantiated policy violation. Interjuncture will notify law enforcement officials if the violation
is believed to be a criminal offense.
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As
our Customers are ultimately responsible for the actions of their
clients over the Interjuncture network, it is advisable that
Customers develop a similar, or stricter, policy for their clients.
IMPORTANT NOTICE:
BEGINNING IMMEDIATELY, anyone using Interjuncture's services
to engage in any "spam" activities or cause any of our IP
space to be listed in any of the various Spam Databases will have their
services immediately terminated. The services will not be reconnected
until such time that you agree to remove ANY and ALL traces
of the offending material immediately upon reconnection and agree to
allow us access to your account(s) to confirm that all material has
been COMPLETELY removed. Severe violations may result in immediate
and permanent removal of the account(s) without notice to the customer.
Any account(s) guilty of a second violation WILL be immediately
and permanently removed from our service without notice.
- Network
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System
and Network Security: Users are prohibited from violating
or attempting to violate the security of the Interjuncture
Network. Violations of system or network security may result in
civil or criminal liability. Interjuncture will investigate
occurrences, which may involve such violations and may involve,
and cooperate with, law enforcement authorities in prosecuting
Users who are involved in such violations. These violations include,
without limitation:
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Accessing
data not intended for such User or logging into a server or
account, which such User is not authorized to access.
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Attempting
to probe, scan or test the vulnerability of a system or network
or to breach security or authentication measures without proper
authorization.
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Attempting
to interfere with service to any user, host or network, including,
without limitation, via means of overloading, "flooding",
"mail bombing" or "crashing".
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Forging
any TCP/IP packet header or any part of the header information
in any e-mail or newsgroup posting.
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Taking
any action in order to obtain services to which such User
is not entitled.
- Notification
of Violation:
- Interjuncture is under no duty to look at each customer's or user's
activities to determine if a violation of the AUP
has occurred, nor do we assume any responsibility through our
AUP to monitor or police Internet-related activities.
- First
violation: Any User, which Interjuncture determines to have
violated any element of the Acceptable Use Policy,
shall receive an email, warning them of the violation. The service
may be subject, at Interjuncture's discretion, to a temporary
suspension pending a User's agreement in writing, to refrain from
any further violations.
- Second
Violation: Users that Interjuncture determines to have committed
a second violation of any element of the Acceptable Use Policy
shall be subject to immediate suspension or termination of service
without further notice.
- We
reserve the right, to drop the section of IP space involved in
Spam or Denial-of-Service complaints if it is clear that the offending
activity is causing great harm to parties on the Internet. In
particular, if open relays are on your network or a customer's
network, or if denial of service attacks are originating from
your network. In certain rare cases, we may have to do this before
attempting to contact you. If we do this, we will contact you
as soon as is feasible.
- Suspension
of Service or Cancellation: Interjuncture reserves the right
to suspend network access to any customer if in the judgment of the
Interjuncture network administrators the customer's server is the
source or target of the violation of any of the other terms of the
AUP or for any other reason which Interjuncture
chooses. If inappropriate activity is detected, all accounts of the
Customer in question will be deactivated until an investigation is
complete. Prior notification to the Customer is not assured. In extreme
cases, law enforcement will be contacted regarding the activity. The
customer will not be credited for the time the customer's sites were
suspended.
- Interjuncture reserves the right to amend its policies at any time. All
Sub-Networks, resellers and managed servers of Interjuncture must
adhere to the above policies. Failure to follow any term or condition
will be grounds for immediate Cancellation. You will be held responsible
for the actions of your clients in the matter described on these Terms
and Conditions. Therefore, it is in your best interest to implement
a similar or stricter Terms and conditions or otherwise called Acceptable
Terms of use policy.
- Indemnification:
Interjuncture wishes to emphasize that in agreeing to the Interjuncture Acceptable Use Policy (AUP) and Terms
of Service (ToS), customer indemnifies Interjuncture for any violation
of the Acceptable Use Policy (AUP) and Terms
of Service (ToS) that results in loss to Interjuncture or the bringing
of any claim against Interjuncture by any third-party. This means
that if Interjuncture is sued because of a customer's or a customer
of a customer's activity, the customer will pay any damages awarded
against Interjuncture, plus all costs and attorney's fees.
- Miscellaneous
Provisions: You must provide us with, and keep current, good contact
information for you. E-mail and telephone contacts are used, in that
order of preference.
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waiver by the Company of any breach of any provision of this Agreement
by Subscriber shall not operate as or be construed as a continuing
or subsequent waiver thereof or as a waiver of any breach of any
other provision thereof.
- Subscriber
shall not transfer or assign this Agreement without the prior
written consent of the Company. Company may assign Agreement at
anytime without consent from or notice to Subscriber. Company
reserves right to cancel customers rights under this contract
at anytime without further obligation.
- Interjuncture takes no responsibility for any material input by others
and not posted to the Interjuncture Network by Interjuncture.
Interjuncture is not responsible for the content of any other
websites linked to the Interjuncture Network; links are provided
as Internet navigation tools only. Interjuncture disclaims
any responsibility for any such inappropriate use and any liability
to any person or party for any other person or party's violation
of this policy.
- Interjuncture is not responsible for any damages your business may
suffer. Interjuncture does not make implied or written warranties
for any of our services. Interjuncture denies any warranty
or merchantability for a specific purpose. This includes loss
of data resulting from delays, non-deliveries, wrong delivery,
and any and all service interruptions caused by Interjuncture.
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