Neon Pages (the "Provider") agrees to furnish services to the "Subscriber", subject to the following Terms of Service:
1. Use of Neon Pages services constitutes acceptance and agreement to these Terms of Service ("TOS") inclusive of the Acceptable Usage Policy ("AUP"); and that all provisions of this contract are subject to the TOS and the AUP. The TOS and/or AUP may be changed from time to time at the discretion of Neon Pages. Subscriber will be notified of any such changes, and Subscriber acknowledges that changes to the TOS and/or AUP by the Provider shall not be grounds for early contract termination or non-payment.
2. This Agreement shall be construed in all respects in accordance with the laws of the State of California and the United States of America.
3. Subscriber agrees to pay fees to Neon Pages as specified in the Service Plan Agreement.
Subscriber acknowledges that Neon Pages may change the specified rates and/or scope of services from time to time, or may offer similar services to the general public or to other entities for different rates. Subscriber further agrees that fees for services may change from time to time, but that Neon Pages will give at least 30 days notice before such changes take effect.
4. Payment for website hosting services will be billed quarterly in advance; domain registration services will be billed annually in advance; and other services may be billed on a one-time or ongoing basis. Establishment of service and continuation of service is dependent upon receipt by Neon Pages of payment of stated charges. Payment may be made by cash; check or money order; or through www.Paypal.com by either bank account debit or Paypal funds transfer. Credit card payments are not accepted at this time.
Payment is due within 30 days of invoice date. Service may be suspended if payment is not received within 45 days of invoice date. Service suspended for nonpayment will be reactivated only upon receipt of all fees due and payable plus a US $50 reactivation fee.
5. Subscriber agrees that additional services requested by Subscriber and/or are deemed necessary by Neon Pages may be provided at no additional cost; or may incur additional costs on either a one-time or ongoing basis. Any additional costs will be agreed upon by both parties before being made a part of the Service Plan Agreement, and may be billed on either a per-hour or flat rate basis.
6. Neon Pages may terminate this Agreement upon failure of Subscriber to pay charges when due, or upon failure to abide by the TOS or AUP. Such termination will not relieve Subscriber of responsibility for payment of all accrued charges plus any and all costs associated with Provider's collection of unpaid fees, including but not limited to collection agency fees, attorney fees, and court costs.
7. This Agreement may be cancelled by either Provider or Subscriber at any time, provided written notice of cancellation is given to the other party with at least 30 days notice. Notice of cancellation should be sent to Neon Pages by US mail. Notice of cancellation may be emailed to Neon Pages but Subscriber cannot consider that notice has been given unless and until confirmation of cancellation is received from Neon Pages.
8. Payments made to Neon Pages for account setup, labor, or domain name registration are nonrefundable. Prepaid payments for website hosting may be refunded only in whole-month increments and only if service is cancelled by either party in accordance with the cancellation policies listed herein.
9. Subscriber acknowledges that the services provided are of such a nature that service may be interrupted for many reasons other than the negligence of Provider, and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Subscriber agrees that Provider shall not be liable for any damages arising from such causes which are beyond the direct and exclusive control of Provider. Subscriber further acknowledges that Provider's liability for its own negligence may not in any event exceed an amount equivalent to charges paid by Subscriber for services during the period damages occurred. In no event shall Neon Pages be liable for any special or consequential damages, loss or injury.
SERVICES
10. Domain Name Registration: Registration of domain name(s) may be initiated, renewed, or transferred by Subscriber or, upon request, by Neon Pages on behalf of Subscriber.
If Subscriber handles his/her/their own domain name registration(s), Neon Pages will furnish necessary DNS information directly to Subscriber but will not communicate directly with Subscriber's domain name registrar. Subscriber acknowledges that Neon Pages cannot answer specific questions or intervene with registration issues if Subscriber handles registration through a third-party registrar.
Neon Pages can and will assist with registration issues upon request if Subscriber registers, renews, or transfers domain name registration(s), including optional private "proxy" registration(s), through Neon Pages registrar service.
Neon Pages can and will register, renew, or transfer domain name registration(s) on behalf of Subscriber upon request, including optional private "proxy" registration(s), by purchasing registration services on behalf of Subscriber and billing Subscriber for expenses incurred. If such charges are not paid, Neon Pages is under no obligation to turn over the the domain name(s) nor use or ownership thereof to Subscriber or his/her/their agent(s).
11. New Domain Setup: All webhosting accounts involving new domains will be set up and entered into our DNS servers within 2 to 7 days of receipt of payment. Subscriber is aware that total propagation of a new domain throughout the internet may take several days, and that Neon Pages has no control over such propagation.
12. Transferred Domain Setup: New webhosting accounts which involve the transfer of a domain from another hosting entity will require a minimum of 7 days to be set up and entered into our DNS servers and in some cases may take up to 60 days. Due to the unpredictable nature of the transfer process and the necessary cooperation and responsiveness of the prior registrar, no guarantees are made regarding the amount of time a specific transfer may take. A separate handling fee may be incurred if the transfer of the domain is handled by Neon Pages on behalf of Subscriber. If Subscriber cancels service during the transfer period for any reason, all charges are considered earned and payable.
13. Website Hosting: Subscriber may publish website(s) on the internet using Provider's servers within the guidelines of the AUP, and within the disk use and bandwidth quotas of the Service Plan Agreement. Neon Pages web servers include all typical features necessary to build and run small- to medium-sized websites. Neon Pages may configure and maintain Subscriber's website ("managed hosting"), or Subscriber may configure and maintain his/her/their own website ("self-managed hosting"), depending on the terms of the Service Plan Agreement. In either situation, if Subscriber requires additional services or customization beyond the scope of those included with their account, Neon Pages will furnish an opinion of feasibility and a price estimate based on the specific requirements.
Subscriber agrees to request and receive permission from Neon Pages before installing any scripts, "hacks" or other customized configurations of any type, including but not limited to those listed in the AUP, onto the servers. Subscriber further agrees to pay for any repairs necessary as a result of such customization, whether authorized by Provider or not, or for any other Subscriber activity that causes damage to the servers and/or their ability to function properly, at the rate of US $70 per hour. In addition, Neon Pages may terminate Subscriber's account and all included services without notice or refund, and Subscriber may be responsible for losses suffered by other users or websites affected by such damage.
14. Email Accounts: Subscribers with email services included in their Service Plan Agreement are aware that uncollected, accumulated email on the servers is included in his/her/their their disk use quota, even if such accumulated email is largely "spam", viruses, or other unsolicited/unwanted email. Subscriber further acknowledges that all email sent or received is included in his/her/their monthly bandwidth quota. Subscribers with managed hosting plans agree to notify Neon Pages if a particular email address is no longer needed and to request cancellation of said email address; and Subscribers with self-managed hosting plans agree to monitor email use and quotas and to cancel unused email addresses as applicable. Subscriber further agrees that under either plan, any unused and uncancelled email address that accumulates a large volume of unread email may be cancelled by Provider after a reasonable notice of not less than 7 days is given to Subscriber.
Neon Pages will furnish necessary information for Subscriber to configure email clients such as Outlook Express to send and receive email, and may provide assistance in such configuration; but Subscriber is ultimately responsible for configuring his/her/their own email client and Neon Pages is under no obligation to provide support for third-party software or nontraditional email configurations.
Subscriber may request that web-based email service be included with their account at no additional charge, allowing Subscriber to send and receive email from any computer connected to the internet.
Subscriber acknowledges that Provider's email servers are equipped with unsolicited ("spam") email filters, and that there is a slight possibility that such filters may occasionally prevent legitimate, wanted email from being received. It is generally accepted that this is a small price to pay in comparison to daily barrages of unwanted "spam" and computer viruses. If Subscriber becomes aware that legitimate incoming email has been blocked by Provider's "spam" filters, Subscriber may furnish proof of same to Neon Pages and request a remedy to prevent future blocking of that particular sender. However, Subscriber acknowledges that if such email is received from a known email abuser, whether or not said abuse is known to the legitimate sender of the blocked email in question, the responsibility lies with the sender and no remedy is available to Provider. In addition, Subscriber may request that specific email address(es) or IP(s) be blocked from sending email to his/her/their domain if just cause is provided, but Neon Pages will not block incoming email from entire domains that furnish email services to large numbers of legitimate users such as America Online, Hotmail, Yahoo, etc.
15. Website Design and/or Maintenance: Neon Pages may agree to furnish website design, content, programming, coding, writing, editing, graphic, updating and/or maintenance services to Subscriber on a one-time or ongoing basis, at rates mutually agreeable to both parties. Such services are a part of the Service Plan Agreement, and are in addition to and inclusive of the TOS and AUP.
16. Passwords: Subscriber agrees to take precautions to keep all passwords for all services secure and private, and therefore safe from potential abuse. Subscriber further agrees to notify Neon Pages upon becoming aware of any breach of password security. Subscriber may select password(s) of his/her/their own choosing; however, Neon Pages may assign new password(s) for Subscriber's services at any time upon becoming aware that any particular password is not secure in nature, or upon becoming aware of any breach of security. Neon Pages may require Subscriber to select new password(s) at any time for security reasons, which may include routine periodic selection of new passwords, and Neon Pages may assign new password(s) if Subscriber fails to comply with such requests.
PRIVACY POLICY
17. Neon Pages will use Subscriber's personally identifiable information only to communicate directly with Subscriber regarding services, payment, and related account information. Neon Pages will not rent, sell, or otherwise distribute Subscriber's name, email address, or other personal or financial information to anyone without express permission. Neon Pages may use non-personally identifiable information gathered about Subscriber to monitor website usage, to help diagnose server problems, and to administer services. The only exceptions to this privacy policy are:
a) in the event of subpoena, in which case Neon Pages will furnish any and all information requested; or
b) in the event of any other official request by any law enforcement agency, in which case Neon Pages may or may not furnish any and all information requested. Such non-court-ordered requests will be treated on a case-by-case basis.
In either situation, Neon Pages may terminate this Agreement and cancel Subscriber's services without notice or refund.
TECHNICAL SUPPORT
18. For website hosting, design, or email questions or problems, Neon Pages may be contacted by email at any time for technical support as needed, or by telephone during the hours indicated on the Service Plan Agreement. Technical support is free for services included in the Service Plan Agreement that are not functioning properly. Response time is almost always within 24 hours and usually sooner; solution time depends on the nature of the problem. Technical support may incur additional fees for HTML or programming issues, Service Plan add-ons or upgrades, or other customization. A price estimate will be furnished before optional or additional services are begun.
19. For domain name registration questions or problems (for domains registered with or transferred to Neon Pages), support is available online.
MISCELLANEOUS
20. Neon Pages offers website design, content, maintenance, writing and editing services as the originator and creator of such services. Neon Pages will place a small unobtrusive logo and link at the bottom of the main "home" or index page of any site we design, maintain or administer. This logo may be removed with good cause if specifically requested.
21. Neon Pages is acting as a reseller of website hosting and domain name registration services, and as such does not necessarily have the access or expertise necessary to remedy all situations that may arise. Neon Pages retains an outside consultant to maintain server security and functionality and to assist with server customization and with situations that may arise beyond the scope of ordinary use. Neon Pages also retains a third party to assist with domain name registrations and transfers. We limit our aggregate technical support to our areas of expertise and those of our consultants, and we make no implied or written warranty for any services including but not limited to loss of data or other damages resulting from email delays, non-delivery, or wrong delivery; or from service interruptions from any cause including but not limited to power outages or virus infection of any computer or system in our network.
22. Subscriber is solely responsible for his/her/their content stored on Provider's servers.
23. Subscriber must supply Neon Pages with, and keep current, accurate contact information including email, telephone, and mailing address.
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