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Addressed
below are the Terms of Service and Policies for Adamongus.com.
Adamongus.com's other entities: Inquiring.biz, and Sellsheet.info
are included whenever and where ever Adamongus, or Adamonus.com
or the 'Service' is mentioned.
Acceptance
of Terms
Adamongus.com provides its service to you, subject to the following
Terms of Service ("TOS"). Adamongus.com reserves the
right to add, delete, or modify any provision of its TOS at any
time without notice. You can review the most current version of
the TOS at any time on our web site at http://www.adamongus.com/htm/terms.html.
Invoices
All service fees and due dates will be made available to you for
access on the web. You will also be notified of a new invoice
by email. A late fee of $20 per month may be charged to any customer
not paying the minimum amount due by their due date. Adamongus.com has the right to stop service to any customer
based on unpaid account balances.
Search
Engine Submission
As part of its service, Adamongus.com sometimes
provides submission of Web site information to search engines
that do not require a fee for the submission. Adamongus.com does not provides submission to search engines that require
a fee.
Hosting
Cycle & Cancellation
Adamongus.com hosting accounts are allocated at the time of sign-up.
There is a 3-week period allotted for site-creation, after which
the hosting period begins. Customers must pay site hosting fees
on allocated web space even if the space remains unoccupied. Cancellations
must be made before the beginning of the hosting cycle.
Registration
Obligations
You agree to maintain and promptly update your administrative/registration
data to keep it true, accurate, current and complete. This includes,
but is not limited to, payment information. If you provide any
information that is untrue, inaccurate, not current or incomplete,
Adamongus.com has the right to suspend or terminate your account.
You may update your information using the form on the Contact
page here.
Confidentiality
and Privacy Policy
We consider all information you provide to us as confidential.
Even information used as content for your website is confidential
while in production until it is published on the internet. Your
administrative and contact information is also private and will
not be shared.
Customer
Responsibilities
You understand that all information on your Web site, whether
publicly posted or privately transmitted, are the sole responsibility
of the person from which such Content originated. This means that
you, and not Adamongus.com, are entirely responsible for all content
uploaded, posted or otherwise transmitted via the Service.
Adamongus.com
as part of its service might provide minimal copywriting/copyediting,
spell checking, grammar usage or edit the text of your content,
all in the best interest of the website. DO NOT depend or expect
that Adamongus will provide this service.
You understand
that even if Adamongus does some corrections in your Content,
you, and not Adamongus.com, are entirely responsible for all Content.
Under no circumstances will Adamongus.com be liable in any way
for any Content, including, but not limited to, for any errors
or omissions in any Content, or for any loss or damage of any
kind incurred as a result of the use of any Content posted, emailed,
transmitted or otherwise made available via the Service. During
and immediately following the production of the site, there is
a period of time for you to proof your site and make any necessary
minimal corrections at no charge.
You acknowledge
and agree that Adamongus.com may preserve Content
and may also disclose Content if required to do so by law or in
the good faith belief that such preservation or disclosure is
reasonably necessary to: (a) comply with legal process; (b) enforce
the TOS; (c) respond to claims that any Content violates the rights
of third-parties; or (d) protect the rights, property, or personal
safety of Adamongus.com, its users and the public.
You understand
that the technical processing and transmission of the Service,
including your Content, may involve (a) transmissions over various
networks; and (b) changes to conform and adapt to technical requirements
of connecting networks or devices.
You acknowledge that Adamongus.com does not pre-screen
Content, but that Adamongus.com and its designees
shall have the right (but not the obligation) in their sole discretion
to refuse or remove any Content that is available via the Service.
Without limiting the foregoing, Adamongus.com
and its designees shall have the right to remove any Content that
violates the TOS or is otherwise objectionable. You agree that
you must evaluate, and bear all risks associated with, the use
of any Content, including any reliance on the accuracy, completeness,
or usefulness of such Content.
Illegal
Use
Adamongus.com may be used for lawful purposes only. Transmission,
storage, or distribution of any information, data, or material
in violation of any applicable law or regulation is prohibited.
This includes, but is not limited to: copyrighted material; trademarks;
trade secrets or other intellectual property rights used without
proper authorization; material that is obscene, defamatory, constitutes
an illegal threat, or violates export control laws. Examples of
unacceptable Content or links include: pirated software, hacker
programs or archives, Warez sites, MP3, and IRC bots.
You agree
to not use the Service to transmit, store or distribute any unsolicited
or unauthorized advertising, promotional materials, "junk
mail," "spam," "chain letters," "pyramid
schemes;" transmit, store or distribute any material that
contain software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications equipment;
You agree
not to collect or store personal data about other users, promote
or provide instructional information about illegal activities,
promote physical harm or injury against any group or individual,
or promote any act of cruelty to animals. This may include, but
is not limited to, providing instructions on how to assemble bombs,
grenades and other weapons, and creating "Crush" sites;
International
Customers
You agree to comply with all local rules regarding online conduct
and acceptable Content. Specifically, you agree to comply with
all applicable laws regarding the transmission of technical data
exported from the United States or the country in which you reside.
Indemnity
You agree to indemnify and hold Adamongus.com,
and its subsidiaries, affiliates, officers, agents, co-branders
or other partners, and employees, harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party
due to or arising out of your Content, your use of the Service,
your connection to the Service, your violation of the TOS, or
your violation of any rights of another.
Resale
of Service and Images
You agree not to reproduce, duplicate, copy, sell, resell or exploit
any portion of the Service or provided Images, use of the Service
or provided Images, or access to the Service or provided Images.
You acknowledge and agree that the Service and any necessary software
used in connection with the Service ("Software") contain
proprietary and confidential information that is protected by
applicable intellectual property and other laws. Except as expressly
authorized by Adamongus.com, you agree not to modify, rent, lease,
loan, sell, distribute or create derivative works based on the
Service, Software or provided Images, in whole or in part.
Image
Sizing and Optimizing
We may, if required, optimize the images that
you supply for your site. This means we reduce the resolution
or size if needed, and save as a proper format if needed. This
is done for faster viewing time while keeping the best quality
obtainable. It is also done to make the images sent fit within
the template you've chosen. This will probably go unnoticed to
you unless the size needs to be changed drastically. It is mandatory
that we prepare the images through this process, and will do so
within the best interest to your site, and our discretion
Notice
Notices to you may be made via either email, regular mail, or
by telephone. The Service may also provide notices of changes
to the TOS or other matters by displaying notices or links to
notices to you generally on the Service.
General
Information
The TOS constitute the entire agreement between you and Adamongus.com
and govern your use of the Service, superceding any prior agreements
between you and Adamongus.com (including, but not limited to,
any prior versions of the TOS). The TOS and the relationship between
you and Adamongus.com shall be governed by the laws of the State
of California without regard to its conflict of law provisions.
You and Adamongus.com agree to submit to the personal and exclusive
jurisdiction of the courts located within the county of Contra
Costa, California. The failure of Adamongus.com to exercise or
enforce any right or provision of the TOS shall not constitute
a waiver of such right or provision. If any provision of the TOS
is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the provision,
and the other provisions of the TOS remain in full force and effect.
You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use
of the Service or the TOS must be filed within one (1) year after
such claim or cause of action arose or be forever barred. The
section titles in the TOS are for convenience only and have no
legal or contractual effect.
Website
Content Backup
You understand that in case of hardware failure, some or all information
about your Web site might be lost. This is despite Adamongus.com's
effort to regularly backup the Content of your Web site. Adamongus.com
is not liable for any loss or damage arising from the lost of
information.
Adamongus.com
presence on websites
On websites produced by Adamongus.com, a small text or image may
be placed at the bottom of each page informing viewers that the
page was designed, hosted, or maintained by Adamongus.com. This
image or text will be located and adjusted as to not distracting
from the rest of the site. This distinction will be made by Adamongus.com
only.
Browser
Compatibility
Adamongus.com uses the latest technology to build your web sites.
Many features are made available to you thanks to the latest technology.
Our objective at Adamongus.com is to design web standard compliant
web sites, as defined by the World Wide Web Consortium. Not all
web browsers are web standard compliant such that the rendering
of your web site might be different when viewed with different
web browsers, and on different Operating Systems. It is expected
that as the different browsers become more web standard compliant,
the rendering of your web site will be more uniform.
Adult
Content
Adult-oriented sites, pornography and sex-related merchandising
are prohibited. This includes sites that may infer sexual Content
or provide links to adult Content elsewhere.
Security
Violations of system or network security are prohibited and may
result in criminal and civil liability. Examples include but are
not limited to the following: unauthorized access, use, probing,
or scanning of systems security or authentication measures, data,
or traffic; interference with service to any user, host, or network
including, without limitation, mail bombing, flooding, deliberate
attempts to overload a system, broadcast attacks; forging of any
TCP-IP packet header or any part of the header information in
an email or a newsgroup posting.
Actions
Taken by Adamongus.com:
The failure by a customer to meet or follow any of the above Terms
of Use is grounds for account deactivation. Adamongus.com will be the sole arbiter as to what constitutes a violation
of the Terms of Use. Adamongus.com reserves the
right to remove any account without prior notice. When Adamongus.com becomes aware of an alleged violation of its
Terms of Use, Adamongus.com will initiate an investigation.
During the investigation, Adamongus.com may restrict
a customer's access in order to prevent further potentially unauthorized
activity. Depending on the severity of the violation, Adamongus.com may, at its sole discretion, restrict, suspend,
or terminate a customer's web hosting account and/or pursue other
civil remedies. If such violation is a criminal offense, Adamongus.com will notify the appropriate law enforcement
authorities of such violation.
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