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Terms of services

The following page and links contain the current corporate policies as well as service and end user license agreements for each product and service available through IntraCommunities, Inc. (ICI).

Use of any of ICI's services constitutes acceptance of these policies.

ICI Company Policies

UNIVERSAL TERMS OF SERVICE FOR ALL ICI WEB & SOFTWARE SERVICES

This is an Agreement between IntraCommunities, Inc. (herein known as ICI) and you, the Customer, that sets forth the terms and conditions of your use of ICI software and services and explains each respective obligation in relation to the to the services and software the Customer has purchased, and is made effective as of the date of electronic execution. ICI is a full service web firm, established in New York State to provide high quality web services to the business community and private users. By purchasing ICI web and software services, the Customer acknowledges that you have read, understood, and agree to be bound by all terms and conditions of this Agreement and any other policies or agreements made part of this Agreement by reference, as well as any new, different or additional terms, conditions or policies which ICI may establish from time to time, and any agreements that ICI is currently bound by or will be bound by in the future.

In addition to transactions entered into by the Customer on the Customer's behalf, the Customer also agrees to be bound by the terms of this Agreement for transactions entered into on the Customer's behalf by anyone acting as the Customer's Agent, and transactions entered into by anyone who uses the account the Customer has established with ICI, whether or not the transactions were in the Customer's behalf.

General Warranties and Liabilities

1. Material and Products:

The Customer will be able to upload web-ready material to a password-protected SFTP account. The material and data must be server-ready, which is in a form requiring no additional manipulation on the part of ICI. ICI shall make no effort to validate this information for content, correctness or usability.

Use of ICI's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of your Webspace by the Customer. The following examples are offered: Web Publishing: requires a knowledge of HTML, properly locating and linking documents, SFTPing Webspace contents, Graphics, text, Sound, image mapping, etc. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc.

The Customer agrees that the Customer has the necessary knowledge to create and manage the Customer's Web space. The Customer agrees that it is not the responsibility of ICI to provide this knowledge or Customer Support outside of the defined service of ICI.

ICI will exercise no control whatsoever over the content of the information passing through the network. ICI makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. ICI also disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damages that you may be, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Although ICI will make reasonable efforts to protect and backup data for the Customer on a regular basis, we are not responsible for the Customer's Data residing on the Shared Server. The Customer is ultimately and solely responsible for the backup of their Data stored on ICI's Servers.

Any and all alleged defects will be examined by ICI and ICI will make the sole determination if it is a defect or error caused by the customer. ICI does not warranty the ability of the Customer make changes to the Customer's website. If a defect is reported to ICI, which turns out to be due to a change made by the Customer, the time incurred will be billable. ICI hourly rates are billable at $225 per hour. Emergency rates are billable at $450 per hour. ICI agrees to notify the Customer of charges before work is performed.

Use of any information obtained by way of ICI is at the Customer's own risk, and ICI specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of available end-to-end bandwidth. ICI expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. ICI specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not (Server-ready), ICI may, at its option and at any time, reject this material, including but not limited to after it has been put on ICI's Server. ICI agrees to notify the Customer immediately of its refusal of the material and afford the Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of ICI. If the Customer fails to modify the material, as directed by ICI, within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be deemed to be terminated.

2. Customer Privacy:

ICI values the CustomerÕs right to privacy and ICI will not release any information regarding our members to any third party. The information that the Customer provides to ICI will only be used to process the Customer's account and in communicating with the Customer in the future.

3. Trademarks & Copyrights:

The Customer warrants that it has the right to use the applicable trademarks, if any.

4. Age: The Customer certifies that he or she is at least 18 years of age.

5. Hardware, Equipment & Software:

The Customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access ICI's web server. ICI makes no representations, warranties or assurances that the Customer's equipment will be compatible with the ICI's service.

The Customer may not install any program or software, which presents a security problem on that server. ICI retains the right to review any such software or programs and ICI has the option to deny these services, should it pose security threat to ICI server hardware. ICI reserves the right to immediately cancel any service account, which is causing a disruption of services for other customers.

The Customer may not run any software, applications, or other processes on ICI servers without the express written permission of ICI.

6. Internet Etiquette:

The Customer may only use ICI's Server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets. This also includes links or any connection to such materials.

The Customer may not use ICI servers for the purpose of Mass Electronic Junkmail. The Customer may not use ICI servers for excessive computation time inappropriate for Internet Web servers.

Electronic forums such as mail distribution lists and Usenet news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of ICI may not be used to impersonate another person or misrepresent authorization to act on behalf of others or ICI. All messages transmitted via ICI should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access. The Customer may not run any software, applications, or other processes on ICI servers without the express written permission of ICI.

Specifically Acceptable Uses:

Usage for private personal or business communications.

* Usage for public communications as suggested by the charters of USENET newsgroups, and the well known guidelines generally accepted by the users and news administrators of same.

* Usage for research or educational purposes.

* Usage for data communications in accordance with applicable laws.

Unacceptable Uses:

* It is not acceptable to use ICI for illegal purposes.

* It is not acceptable to use ICI to transmit threatening, obscene, or harassing materials.

* It is not acceptable to use ICI to interfere with or disrupt network users, services or equipment. Disruptions include, but are not limited to, distribution of unsolicited advertisement, inappropriate filing of Usenet Articles, and using the network to make, or attempt to make any unauthorized entry to any other machines accessible via ICI's Internet connection.

* It is not acceptable to use ICI for the purposes of transmitting Chain Letters, broadcasting messages to mailing lists or non-consenting individuals, nor any other type of use which will result in congestion of the Internet or ICI's connecting networks, or which would significantly interfere with the connectivity of others.

* It is not acceptable to use ICI for any malicious purpose.

* Use of any account that is not used by its rightful owner.

* Port uses above billed quantity.

* Excessive Resource Usage - If any Customer utilizes excessive resources on any ICI system or connection we may suspend or cancel Customer's access at our discretion. Excessive resources are defined as more resources than one person could reasonably consume during an on-line session.

7. Fees and Payments:

As consideration for the Software or Services purchased by the Customer and provided to the Customer by ICI, the Customer agrees to pay ICI at the time the order. All fees are due immediately and are non-refundable unless otherwise expressly noted, even if the Customer's Services are suspended, terminated, or transferred prior to the end of the Services term. ICI expressly reserves the right to modify pricing through email notification and/or notice on its Web site. Payment may be made by the Customer by providing either a valid credit card or Paypal account.

If the Customer is signed up for a monthly payment plan, the monthly billing date will be determined based on the day of the month the Customer purchases the Services unless that date falls after the 28th of the month in which case the billing date will be the 28th of each month. If the Customer signed up for an annual (or longer) payment plan, and elected the automatic renewal option, ICI will automatically renew Services when they come up for renewal and will take payment from the Payment Method on file with ICI, at ICI's then current rates.

If for any reason ICI is unable to charge the Customer with the selected Payment Method for the full amount owed, or if ICI is charged a penalty for any fee it previously charged to the CustomerÕs Payment Method, the Customer agrees that ICI may pursue all available remedies in order to obtain payment. If the Customer pays by credit card and if for any reason ICI is unable to charge the Account, the Customer agrees that among the remedies ICI may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to the Customer of any domain names or Services registered or renewed on the Customer's behalf. ICI reserves the right to charge a reasonable administrative fee for administrative tasks outside the scope of its regular Services, including additional costs that it may incur in providing the Services and pass along to the Customer. These include, but are not limited to, customer service issues that cannot be handled over email but require personal service, fees incurred by third parties The Customer may change his or her Payment Method at any time by logging into the Customer's Account. Go Daddy is not responsible for the actions of the sellers.

While all transactions are processed in US dollars, ICI may provide an estimated conversion price to currencies other than US dollars. The customer acknowledge and agree that the pricing displayed during the checkout process is an estimate. Due to potential slight time delays between actual purchase and the payment settlement, the actual price charged may fluctuate. ICI makes no representations or warranties that the estimated price will be the same or substantially similar to the actual price the Customer will pay and the Customer waives any and all claims based upon any discrepancy between the estimate and the actual price and the price paid and any subsequent refund. In addition, the Customer may be charged VAT, based on the country indicated in the Customer's billing address section. Any amounts to be charged will appear during the checkout process.

8. Limited Liability:

The Customer expressly agrees that use of ICI's Server is at the Customer's sole risk. Neither ICI, nor its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that ICI's Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the ICI Server service, unless otherwise expressly stated in this Agreement.

Under no circumstances, including negligence, shall ICI, its officers, agents or anyone else involved in creating, producing or distributing ICI's Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the ICI's Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to ICI's records, programs or services. The Customer hereby acknowledges that this paragraph shall apply to all content on ICI's Server service.

Notwithstanding the above, the Customer's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which the Customer paid during the term of this Agreement and any reasonable attorney's fee and court costs.

9. Indemnification: The Customer agrees that it shall defend, indemnify, save and hold ICI harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, (Liabilities) asserted against ICI, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Customer, its agents, employees or assigns. The Customer agrees to defend, indemnify and hold harmless ICI against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with ICI's Server; (ii) any material supplied by the Customer infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which the Customer sold on the ICI Server.

10. Transfer: The Customer may not transfer this agreement without the written consent of ICI.

At the end of the contract period the Customer and ICI have the option to renew or to terminate services. Notwithstanding the above, ICI may terminate service under this Agreement at any time, without penalty, if the Customer fails to comply with the terms of this Agreement. ICI reserves the right to charge a reinstatement fee. Upon termination, website content remains the property of the Customer, but software applications may not be transferred without the consent of ICI. ICI is not responsible for the transfer of web materials to another service.