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This
agreement represents the complete agreement and understanding between IC
Ads and the account holder (hereinafter called Customer) and supersedes
any other written or oral agreement. Upon notice published on-line
via IC Ads services, IC Ads may modify these terms and conditions,
amplify them, and/or modify the prices, as well as discontinue or change
services offered.
If you do not agree to these terms and conditions, please notify our
Billing Department by e-mailing us at billing@ic-ads.net
so we can initiate a closure of your account. USE OF YOUR ACCOUNT shall
constitute your approval. You
may also fax us at 561-883-1494 with your domain name and contact phone
number for verification.
1. IC Ads makes no warranties of any kind, whether expressed or implied,
for the service it is providing. IC Ads also disclaims any
warranty of merchantability or fitness for a particular purpose.
IC Ads will not be responsible for damages the customer suffers.
This includes loss of data resulting from delays, non-deliveries,
misdeliveries, or service interruptions caused by its own negligence,
subscriber's errors or omissions, or due to the fault of third parties.
2. Services provided to the Customer by IC Ads may only be used for
lawful purposes. Transmission or publication of any information,
data or material in violation of any Canadian or U.S. Federal or state
regulation or law is prohibited. This includes, but is not limited
to, material protected by copyright, trade secret or any other statute,
threatening material or obscene material. IC Ads reserves the
right to remove any and all materials which infringe on copyright work.
3. Customer agrees to defend, hold harmless and expeditiously indemnify
IC Ads from any liability, claim, loss, damage or expense arising out of
the indemnifying party's breach or violation of any covenant contained
in this Policy and resulting from the Customer's use of the service.
4. IC Ads reserves the right to cancel service for any reason without
prior notice. In case of cancellation, unused fees may be
returned to the subscriber on a pro-rata basis.
5. Additionally, CUSTOMER agrees not to utilize the IC Ads service,
equipment or email address in connection with the transmission of the
same or substantially similar unsolicited message.
6. IC Ads will not host any web site with PORNOGRAPHIC
contents or any CASINO sites.
7. Customer agrees not to transmit, promote, or otherwise make available
any software, product or service that is either illegal or designed to
violate this Agreement. Such software, products or services include, but
are not limited to, programs designed to send unsolicited advertisements
(i.e. "spamware") and
services which send unsolicited
advertisements.
8. IC Ads requires that its agreements be made with a person who is
qualified to contract. As such, subscriber must be over the age of
eighteen (18) years. Otherwise, a parent or guardian must accept this
agreement and enclose the proper payment. IC Ads cannot accept payments
from persons who are not at least eighteen (18) years of age, nor can we
accept agreements from persons who are not at least eighteen (18) years
of age.
9. Customer shall ensure that its use of IC Ads's network services shall
not disrupt IC Ads, its associated networks or equipment forming part of
the systems. In instances in which an excessive amount of system
resources are utilized by a subscriber, IC Ads reserves the right to
place CPU process limits on the Customer's account to prevent disruption
of service to other customers. Customers shall not transmit any
communication where the meaning of the message, or its transmission or
distribution, would violate any applicable law or regulation or would
likely be offensive to the recipient thereof. No message may be
mass distributed, "broadcast," or otherwise sent on an
intrusive basis to any IC Ads user or to any directly or indirectly
attached network. Use of IC Ads's connection in a manner that is
disruptive, damaging, unlawful, offensive, or intrusive as determined by
IC Ads shall be considered a breach of this Policy and may result in
cancellation of service. This prohibition extends to sending of
unsolicited mass mailings from another service which in any way
implicates the use of IC Ads's service, IC Ads's equipment or any site
hosted on any IC Ads network.
10. Customer warrants that any material submitted for publication on IC
Ads does not violate or infringe any copyright, trademark, patent,
statutory common law or proprietary interest of others or contain
anything obscene or libelous. IC Ads reserves the right to remove
any and all materials which infringe on copyright work. Such
materials will be removed at any time upon receiving a complaint and or
notice of copyright infringement.
11. If IC Ads becomes aware of material that could be infringing on a
third party's copyright, it will initiate an investigation. To
conduct an investigation of copyright infringement, the Complainant must
submit at least two items. First, Complainant must submit a claim
in writing with the applicable copyright or trademark registration
number and a copy of the underlying copyrighted work along with the
Customer's materials. Second, Complainant must offer a good faith
certification signed under penalty of perjury. This certification
must state that the work is the property of the Complainant, that the
work has been copied and that use of the work is not defensible.
With this information in-hand, IC Ads, at its discretion, may, at any
time deny access to the challenged material of Customer.
12. Use of other organizations' networks or computing resources is
subject to their respective permission and usage policies.
13. Use of IC Ads's hosting services could involve listing subscriber's
participation in relevant directories, and subscriber expressly grants
permission for such listings.
14.
Transferring your domain to another provider does not constitute
canceling your IC Ads account. You must notify IC Ads to formally cancel
your account with IC Ads to avoid further charges.
15. IC Ads services are provided on prepaid basis. All payments have to
be made before beginning of the month. In case of nonpayment of an
account within a specified time, IC Ads may levy a fine or cancel an
account.
16. On occasion, IC
Ads may have a need to communicate with its customers through e-mail
issues related to billing, as well as changes, additions and
modifications to the network. It is the responsibility of the
customer to check e-mail sent to the primary login e-mail address on the
account.
17. It is the
responsibility of the customer to contact IC Ads of any changes to their
account, such as phone number, address, credit card information, etc.
Customers will be required to provide verification for security
purposes authorizing them to make any changes to that account.
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