Legal
Avail Media Group Legal Agreement
The terms “us”, “we”, “our”, “Company”, “SiteGov” or “Avail Media Group” refers to Avail Media Group. The terms “you”, “customer”, “user”, or “client” refers to the user of the services we provide. The terms “site” or “website” refer to the Avail Media Group, availmg.com, availmediagroup.com, sitegov.com and the term “services” refers to the Avail Media Group website and services and products we provide. This Agreement governs your purchase and use, in any manner, of any of the services we provide or our Website. Please review this policy carefully. Avail Media Group reserves the right to change or modify any of the terms and conditions contained in this Agreement, and any policy or guideline incorporated by reference at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to either existing or future customers. Any changes or modification will be effective upon posting of the revisions on the availmg.com website. It is your responsibility to regularly review this Agreement and your failure to do so does not relieve you of complying with this Agreement. If you do not agree to the terms of this Agreement, do not accept this Agreement. If you do not agree to the terms of any modification, do not continue to use the services and immediately notify Avail Media Group of your termination of services according to the appropriate agreement or policy below. Your use of our services or site constitutes acceptance of this Agreement and you agree to be bound by the terms and conditions contained herein and guidelines incorporated by reference.
Terms of
1. Acceptance of Agreement
You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to our services. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or though the Site, and the subject matter of this Agreement.
2. Copyright
The content, organization, graphics, design, compilation, digital conversion and other matters related to the services are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the services, except as allowed by Section 5 below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the services. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties.
3. Service Marks
“Avail Media Group”, “availmg.com”, “availmediagroup.com”, “sitegov.com” and others are our service marks or registered service marks or trademarks. Other product and company names mentioned on the site or with the use of our Services may be trademarks of their respective owners.
4. Avail Media Group Materials and Intellectual Property
All materials, including but not limited to any computer software (in object code and source code form), data or information developed or provided by Avail Media Group or its suppliers or agents pursuant to this Agreement, and any know-how, methodologies, equipment, or processes used by Avail Media Group to provide the Services to you, including, without limitation, all copyrights, trademarks, patents, trade secrets, and any other proprietary rights inherent therein and appurtenant thereto shall remain the sole and exclusive property of Avail Media Group or its suppliers. Please see our “Copyright & Trademark Notice” for additional information.
5. Limited License; Permitted Uses
You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the site strictly in accordance with this Agreement; (b) to use the site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version on any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
6. Linking to the Site
You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the site immediately upon request by us.
7. Acceptable Content
You may use our Services provided that your activities, site and/or content does not engage in or display any illegal, pornographic, or otherwise offensive nature. Any violations may result in immediate suspension or termination of your account.
8. Advertisers
The Site and Services may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality of any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.
9. Support
We encourage a professional relationship with our customers. Abusive, threatening, obscene or otherwise harassing communications with us, via phone, email, online chat or other means will result in immediate account termination not withstanding any other terms of this agreement. We have competitive product and service rates. With these competitive rates, you still have free support via our support ticketing system. If any issue of support is determined to be our fault, there will be no charge for the support. If the issue is determined NOT to be our fault, you will be billed at $69 an hour with a quarter-hour ($17.25) minimum charge.
10. Registration and your Representations to Avail Media Group
Certain sections of, or offerings from, the Site and Services may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
You also warrant, represent, and covenant to Avail Media Group that (a) you are at least eighteen (18) years of age; (b) you possess the legal right and ability to enter into this Agreement; (c) you will use the Services only for lawful purposes and in accordance with this Agreement and all applicable policies and guidelines; (d) you will be financially responsible for the use of your account; (e) You guarantee any elements of text, graphics, code, photos, designs, trademarks, or other artwork provided for use in the services are owned by you, or that you have received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend Avail Media Grop and its subcontractors from any liability or suit arising from the use of such elements; (f) you have verified or will verify the accuracy of materials distributed or made available for distribution via the Services, including, without limitation, your content, descriptive claims, warranties, guarantees, nature of business, and address where business is conducted, and (g) your content does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation or ordinance.
11. Notices
As a customer, you understand and agree Avail Media Group may send you notices regarding your services or account, either by email or regular mail. These notices include, but are not limited to, scheduled maintenance, overages and billing updates.
12. Errors, Corrections and Changes
We do not represent or warrant that the Services will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the services at any time. We reserve the right in our sole discretion to edit or delete any document, information or other content appearing on the services.
13. Third Party Content
Third party content may appear on the site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.
14. Unlawful Activity
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.Avail Media Group may investigate any reported violation of this Agreement, its Legal Agreement, policies or any complaints and take any action that it deems appropriate and reasonable under the circumstance to protect its systems, facilities, customers and/or third parties. Avail Media Group will not access or review the contents of any email or similar stored electronic communications except as required or permitted by applicable law or legal process. Avail Media Group reserves the right and has absolute discretion to restrict or remove from its servers any content that violates this Agreement, our Legal Agreement or related policies, or is otherwise objectionable or potentially infringing on any third party’s rights or potentially in violation of any laws. In the event of becoming aware of any possible violation by you of this Agreement, any related policies, third party rights or laws, Avail Media Group may immediately take corrective action, including, but not limited to, (a) issuing warnings, (b) suspending or terminating the Service, (c) restricting or prohibiting any and all uses of content hosted on Avail Media Group’s systems, and/or (d) disabling or removing any hypertext links to third-party web sites, any of your content distributed or made available for distribution via the Services, or other content not supplied by Avail Media Group which, in Avail Media Group’s sole discretion, may violate or infringe any law or third-party rights or which otherwise exposes or potentially exposes Avail Media Group to civil, criminal liability, public ridicule or poses a risk to its Services. In the event Avail Media Group takes corrective action due to such possible violation, Avail Media Group shall not be obligated to refund to you any fees paid in advance of such corrective action. To comply with applicable laws and lawful governmental requests, to protect Avail Media Group’s systems and customers, or to ensure the integrity and operation of Avail Media Group’s business and systems, Avail Media Group may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and content residing on Avail Media Group’s servers and systems. Avail Media Group also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. To the extent any inconsistency exists between any terms of Avail Media Group’s Privacy Policy and Avail Media Group’s right to disclose under this section, Avail Media Group’s right to disclose under this section will control.
15. Indemnification
You agree to defend, indemnify, and hold harmless Avail Media Group and its affiliates and suppliers (and their respective employees, directors and representatives) against any and all claims, actions, proceedings, suits, liabilities, damages, settlement, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees and other litigation expenses) incurred by Avail Media Group or its suppliers, arising out of or relating to (a) your violation or breach of any term, condition, representation or warranty of this Agreement, Avail Media Group’s Legal Agreement, any Addendum or any applicable policy or guideline; (b) your improper or illegal use of the Services; or (c) your violation, alleged violation, or misappropriation of any intellectual property right (including, without limitation, trademark, copyright, patent, trade secrets) or non-proprietary right of a third party (including, without limitation, defamation, libel, violation of privacy or publicity).
16. Nontransferable
Your right to use the services is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.
17. Disclaimer
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SERVICES ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 18. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITH OUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
18. Limitation of Liability
We and any Affiliated Party shall not be liable for any loss, injury, claim, liability or damage of any kind resulting in any way from (a) any errors in or omissions from the site or any services or products obtainable there from, (b) the unavailability or interruption of the services or any features thereof, (c) your use of the services, (d) the content contained in the services, or (e) any delay or failure in performance beyond the control of a Covered Party.
UNLESS OTHERWISE OUTLINED IN A SEPARATE AGREEMENT WITH US, THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCT, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
19. Use of Information
We reserve the right, and you authorize us, to the use and assignment of all information regarding the site used by you and all information provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to us via the site (collectively, a “Submission”) will forever be our property. We will not be required to treat any submission as confidential, and will be entitled to use the submission for any commercial or other purpose whatsoever, without compensation to your or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
Avail Media Group may, free of any obligations to pay compensation, use your name and identify you as a Avail Media Group client, in advertising, publicity, or similar materials distributed or displayed to prospective clients.
20. Third-Party Services
We may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, AND MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITE OR ANY OTHER SITE LINKED TO OUR SITE.
21. Third-Party Merchant Policies
All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant site. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
22. Privacy Policy
Our Privacy Policy, as it may change from time to time, is a part of this Agreement. You must review this Privacy Policy by clicking here.
23. Payments
You represent and warrant that if you are purchasing something from us or from Merchants that (a) any credit information you supply is accurate and complete, (b) charges incurred by you will be honored by your credit card company, and (c) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
Our Billing Policy, as it may change from time to time, is a part of this Agreement. You must review this Billing Policy by clicking here.
24. Refund and Return Policy
Refunds for goods and services you purchase directly from us are processed according to our billing policy, which can be viewed by clicking here. Please note, however, that certain products and services mentioned on our site are sold by third parties or are linked to third party Web sites, and we have no responsibility or liability for those products or services. You may request a refund by contacting us by email at customerservice@availmg.com
25. Links to Other Web Sites
The Site and our Services contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
26. Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the services and the Content and Materials provide therein.
27. Refusal of Service
We reserve the right to refuse service to anyone for any reason we deem appropriate, including, but not limited to, violation of our Legal Agreement or non-payment of services.
Billing Policy
This Billing Policy, as part of Avail Media Group’s Legal Agreement, applies to ALL of our customers. Please review the following terms carefully. If you do not agree to these terms, you should not use the services. The term “plan” refers to any product, service or item billed on a recurring interval. Web Services include, but are not limited to, Hosting, Search Engine Optimization (SEO) and SiteGov service. Any questions or comments regarding this document should be forwarded to the Company at the following address: billing@availmg.com
Payments and Billing Intervals
All prices shown are in US currency. Payments to us are to be made in US currency and must be drawn from a US bank. We accept the following types of payment:
• Check or Money Order
• Credit Card (VISA, MasterCard, Discover)
• PayPal
SiteGov & Standard Hosting Payment
All payments are due on the invoice date. The invoice date is the anniversary of the date the account was activated. If you provide us your credit card information, you are authorizing us to automatically charge your credit or debit card for charges that apply to your account. Recurring charges will be posted to your credit card until such time that you cancel your account in accordance with this policy. Subsequent charges will be automatically charged to your credit card on the next invoice date. You are responsible for updating or notifying us, of any changes to your billing information (including, but not limited to card number, e-mail address, expiration date, billing address, or card status). If a transaction is declined and not resolved within 72 hours, your Hosting service may be suspended (see Suspended Accounts for additional information). Customers not paying by credit card are to make payment of their balance due within thirty (30) days of the invoice date. Accounts that are fifteen (15) days past due may be suspended (see Suspended Accounts for additional information).
Programming, Design and Print
Programming, Design and Print services that have a contract or other written agreement are governed by the billing terms in the contract or agreement. Once the contract or agreement has been completed, these services revert to the billing terms stated in this policy. All work is created to be compatible with all current browsers and other Internet software and technology at the time of production. Any alterations or additions required post-production as a result of a technological industry advance, exploits or similar will be billed accordingly. It is your responsibility to review any work done and report any problems, errors or bugs within thirty (30) days. Any items reported after the thirty day period will be billed accordingly. All payments are due within thirty (30) days of the invoice date. Accounts that are fifteen (15) days past due may be suspended. A past due status may lead to suspension of any work currently in our office and all new work requested, (see Suspended Accounts for additional information). You are responsible for updating or notifying us, of any changes to your billing information (including, but not limited to e-mail or billing addresses).
Account Information
You agree to provide Avail Media Group with accurate and updated account information. This includes but is not limited to name, address, phone number, email address, and payment information. It is not Avail Media Group’s responsibility if we are unable to contact you as a result of inaccurate account information. Any changes to your account should be sent to billing@availmg.com. We will send you a confirmation notice when we receive and update your account. If you do not receive a confirmation within two (2) business days, please contact us immediately.
Past Due Accounts
Finance charges are applied to past due accounts at a rate of 1.5% per month (18% annual rate), with a $1.00 minimum charge. All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including attorney’s fee, court costs, and collection agency fees.Avail Media Group reserves the right to require credit card auto billing or prepayment for accounts that are repeatedly past due.
Suspended Accounts
• SiteGov
You will be charged a $75 account reactivation fee for service suspended due to a billing-related issue. It is your responsibility to maintain a valid and working email address listed with our billing department at all times while service is being provided. Renewal invoices are sent via email to the contact email listed on your account. Failure to receive a renewal invoice does not compose grounds for non-payment of renewal. Accounts that are not reactivated within seven (7) days of suspension will be closed and removed from Avail Media Group servers. A customer wanting to reactivate an account that has been closed will be subject to the fees stated below under “Reactivation”.
• Programming, Design and Print
The account must be brought current before work can continue or start. It is your responsibility to maintain a valid and working email address listed with our billing department at all times work is being completed. Failure to receive an invoice does not compose grounds for non-payment.
Disputes
If you have a dispute on an invoice you must provide us written notice explaining the dispute within sixty (60) days of the invoice date. No disputes will be accepted or acknowledged beyond these sixty (60) days. Dispute notices should be sent to billing@availmg.com or Avail Media Group, PO Box 1473, Keller, TX 76244
Account Renewals
In order to insure uninterrupted service to your website and related services, all plans will automatically renew at the end of the plan’s billing interval. Plan renewal charges are based on the current rate on the date of renewal according to the service selected. Plans are renewed for the same billing interval. If you wish to cancel your plan before plan renewal, please refer to the Cancellation section below.
Invoices and Statements
ALL invoices and statement are e-mailed. You are required to keep a valid billing email address at all times. If paper billing is required, we can provide paper invoices and statements, if requested, for a monthly fee of $10.
Fees
• Returned (NSF) checks
We charge a $30 processing fee for returned (NSF) checks. Customers that issue an NSF check may be required to submit future payments with a certified check or money order.
• Credit Card Chargebacks
We have a zero tolerance for chargebacks. Customers who dispute a credit card payment are subject to a fine, suspension and account termination at our discretion. A $35 processing fee will be assessed to all accounts that receive a chargeback.
• Reactivation
Customers that choose to reactivate a closed account will be charged a $100 reactivation fee. Backups for hosting accounts are only kept for seven (7) days. If we are required to go to other sources to restore your data for accounts closed for more than seven (7) days, you will be subject to additional fees. We do not guarantee that your data will be available in those other sources for accounts closed for more than seven (7) days.
Cancellation
• SiteGov
Our plans will automatically renew until a plan is cancelled. In order to cancel service, you must do so by sending an email to billing@availmg.com with all account and contact information. Please note that there are no pro-rated refunds after the first 30 days of service. Cancellation requests must be received by us a minimum of thirty (30) days prior to the end of your billing interval. Cancellations submitted later than this time may result in your plan being automatically renewed. Your account will be cancelled at the end of the current term, unless you request an earlier date. We will confirm the cancellation request when it is received. If you do not receive a confirmation notice, please contact us immediately. It is your responsibility to remove any data from Avail Media Group’s server when you cancel your service. A $75 fee will be charged if you request Avail Media Group to backup and send your files to you.
We do not monitor or automatically cancel plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to our services.
• Programming, Design and Print
Your order may be cancelled at any time, there are no refunds (including refunds on deposits) for programming, Design or Print work, all printing must be paid in advance.
Liabilities and Obligations on Cancellation
Should your account expire or be cancelled for any reason, Avail Media Group will not be liable to you because of such expiration or cancellation for compensation, reimbursement or damages on account of the loss of prospective profits, anticipated sales, goodwill or on account of expenditures, investments, leases or commitments in connection with your business, or for any other reason whatsoever flowing from such expiration or cancellation. Expiration or cancellation of your account does not relieve you from paying any outstanding balance owed on your account.
We reserve the right to terminate any account, at any time, without notice, for any reason that we deem appropriate. Only accounts cancelled by Avail Media Group for other than billing problems or violation of Avail Media Group’s Legal Agreement may be due a pro-rated refund of any pre-paid fees.
30-Day Money Back Guarantee
Each of our hosting plans carries a 30-day unconditional money back guarantee. If you are not completely satisfied with our services or support within the first 30 days, you will be given a full refund of the fees paid in advance (excluding setup fees) upon plan cancellation. Avail Media Group strongly recommends that customers take advantage of the 30 day free trial.
Examples of services that DO NOT qualify for the 30 Day Money Back Guarantee:
• Web or graphic design
• Search engine optimization
• Additional items, services and labor charges
• Domain name registration
• Dedicated services
• Printing and Design
• Domain parking
• Overage fees
• Consulting
Refund Policy
Refunds are only available in accordance with the 30 Day Money Back Guarantee. Refunds will be provided in the same payment method of the original payment. There are no refunds offered or promised after 30 days.
Billing/Price Changes
You agree to pay for all charges attributable to your use of the Services at the then current Avail Media Group prices, which shall be exclusive of any applicable taxes. You shall be responsible for the payment of all federal, state, and local sales, use, value added, excise, duty and any other taxes assessed with respect to the Services. Our policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle.
Last Updated on 09/21/2010
The terms “us”, “we”, “our”, “Company”, “SiteGov” or “Avail Media Group” refers to Avail Media Group. The terms “you”, “customer”, “user”, or “client” refers to the user of the services we provide. The terms “site” or “website” refer to the Avail Media Group, availmg.com, availmediagroup.com, sitegov.com and the term “services” refers to the Avail Media Group website and services and products we provide. This Agreement governs your purchase and use, in any manner, of any of the services we provide or our Website. Please review this policy carefully. Avail Media Group reserves the right to change or modify any of the terms and conditions contained in this Agreement, and any policy or guideline incorporated by reference at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to either existing or future customers. Any changes or modification will be effective upon posting of the revisions on the availmg.com website. It is your responsibility to regularly review this Agreement and your failure to do so does not relieve you of complying with this Agreement. If you do not agree to the terms of this Agreement, do not accept this Agreement. If you do not agree to the terms of any modification, do not continue to use the services and immediately notify Avail Media Group of your termination of services according to the appropriate agreement or policy below. Your use of our services or site constitutes acceptance of this Agreement and you agree to be bound by the terms and conditions contained herein and guidelines incorporated by reference.
Terms of
1. Acceptance of Agreement
You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to our services. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or though the Site, and the subject matter of this Agreement.
2. Copyright
The content, organization, graphics, design, compilation, digital conversion and other matters related to the services are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the services, except as allowed by Section 5 below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the services. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties.
3. Service Marks
“Avail Media Group”, “availmg.com”, “availmediagroup.com”, “sitegov.com” and others are our service marks or registered service marks or trademarks. Other product and company names mentioned on the site or with the use of our Services may be trademarks of their respective owners.
4. Avail Media Group Materials and Intellectual Property
All materials, including but not limited to any computer software (in object code and source code form), data or information developed or provided by Avail Media Group or its suppliers or agents pursuant to this Agreement, and any know-how, methodologies, equipment, or processes used by Avail Media Group to provide the Services to you, including, without limitation, all copyrights, trademarks, patents, trade secrets, and any other proprietary rights inherent therein and appurtenant thereto shall remain the sole and exclusive property of Avail Media Group or its suppliers. Please see our “Copyright & Trademark Notice” for additional information.
5. Limited License; Permitted Uses
You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the site strictly in accordance with this Agreement; (b) to use the site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version on any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
6. Linking to the Site
You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the site immediately upon request by us.
7. Acceptable Content
You may use our Services provided that your activities, site and/or content does not engage in or display any illegal, pornographic, or otherwise offensive nature. Any violations may result in immediate suspension or termination of your account.
8. Advertisers
The Site and Services may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality of any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.
9. Support
We encourage a professional relationship with our customers. Abusive, threatening, obscene or otherwise harassing communications with us, via phone, email, online chat or other means will result in immediate account termination not withstanding any other terms of this agreement. We have competitive product and service rates. With these competitive rates, you still have free support via our support ticketing system. If any issue of support is determined to be our fault, there will be no charge for the support. If the issue is determined NOT to be our fault, you will be billed at $69 an hour with a quarter-hour ($17.25) minimum charge.
10. Registration and your Representations to Avail Media Group
Certain sections of, or offerings from, the Site and Services may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
You also warrant, represent, and covenant to Avail Media Group that (a) you are at least eighteen (18) years of age; (b) you possess the legal right and ability to enter into this Agreement; (c) you will use the Services only for lawful purposes and in accordance with this Agreement and all applicable policies and guidelines; (d) you will be financially responsible for the use of your account; (e) You guarantee any elements of text, graphics, code, photos, designs, trademarks, or other artwork provided for use in the services are owned by you, or that you have received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend Avail Media Grop and its subcontractors from any liability or suit arising from the use of such elements; (f) you have verified or will verify the accuracy of materials distributed or made available for distribution via the Services, including, without limitation, your content, descriptive claims, warranties, guarantees, nature of business, and address where business is conducted, and (g) your content does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation or ordinance.
11. Notices
As a customer, you understand and agree Avail Media Group may send you notices regarding your services or account, either by email or regular mail. These notices include, but are not limited to, scheduled maintenance, overages and billing updates.
12. Errors, Corrections and Changes
We do not represent or warrant that the Services will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the services at any time. We reserve the right in our sole discretion to edit or delete any document, information or other content appearing on the services.
13. Third Party Content
Third party content may appear on the site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.
14. Unlawful Activity
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.Avail Media Group may investigate any reported violation of this Agreement, its Legal Agreement, policies or any complaints and take any action that it deems appropriate and reasonable under the circumstance to protect its systems, facilities, customers and/or third parties. Avail Media Group will not access or review the contents of any email or similar stored electronic communications except as required or permitted by applicable law or legal process. Avail Media Group reserves the right and has absolute discretion to restrict or remove from its servers any content that violates this Agreement, our Legal Agreement or related policies, or is otherwise objectionable or potentially infringing on any third party’s rights or potentially in violation of any laws. In the event of becoming aware of any possible violation by you of this Agreement, any related policies, third party rights or laws, Avail Media Group may immediately take corrective action, including, but not limited to, (a) issuing warnings, (b) suspending or terminating the Service, (c) restricting or prohibiting any and all uses of content hosted on Avail Media Group’s systems, and/or (d) disabling or removing any hypertext links to third-party web sites, any of your content distributed or made available for distribution via the Services, or other content not supplied by Avail Media Group which, in Avail Media Group’s sole discretion, may violate or infringe any law or third-party rights or which otherwise exposes or potentially exposes Avail Media Group to civil, criminal liability, public ridicule or poses a risk to its Services. In the event Avail Media Group takes corrective action due to such possible violation, Avail Media Group shall not be obligated to refund to you any fees paid in advance of such corrective action. To comply with applicable laws and lawful governmental requests, to protect Avail Media Group’s systems and customers, or to ensure the integrity and operation of Avail Media Group’s business and systems, Avail Media Group may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and content residing on Avail Media Group’s servers and systems. Avail Media Group also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. To the extent any inconsistency exists between any terms of Avail Media Group’s Privacy Policy and Avail Media Group’s right to disclose under this section, Avail Media Group’s right to disclose under this section will control.
15. Indemnification
You agree to defend, indemnify, and hold harmless Avail Media Group and its affiliates and suppliers (and their respective employees, directors and representatives) against any and all claims, actions, proceedings, suits, liabilities, damages, settlement, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees and other litigation expenses) incurred by Avail Media Group or its suppliers, arising out of or relating to (a) your violation or breach of any term, condition, representation or warranty of this Agreement, Avail Media Group’s Legal Agreement, any Addendum or any applicable policy or guideline; (b) your improper or illegal use of the Services; or (c) your violation, alleged violation, or misappropriation of any intellectual property right (including, without limitation, trademark, copyright, patent, trade secrets) or non-proprietary right of a third party (including, without limitation, defamation, libel, violation of privacy or publicity).
16. Nontransferable
Your right to use the services is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.
17. Disclaimer
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SERVICES ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 18. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITH OUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
18. Limitation of Liability
We and any Affiliated Party shall not be liable for any loss, injury, claim, liability or damage of any kind resulting in any way from (a) any errors in or omissions from the site or any services or products obtainable there from, (b) the unavailability or interruption of the services or any features thereof, (c) your use of the services, (d) the content contained in the services, or (e) any delay or failure in performance beyond the control of a Covered Party.
UNLESS OTHERWISE OUTLINED IN A SEPARATE AGREEMENT WITH US, THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCT, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
19. Use of Information
We reserve the right, and you authorize us, to the use and assignment of all information regarding the site used by you and all information provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to us via the site (collectively, a “Submission”) will forever be our property. We will not be required to treat any submission as confidential, and will be entitled to use the submission for any commercial or other purpose whatsoever, without compensation to your or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
Avail Media Group may, free of any obligations to pay compensation, use your name and identify you as a Avail Media Group client, in advertising, publicity, or similar materials distributed or displayed to prospective clients.
20. Third-Party Services
We may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, AND MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITE OR ANY OTHER SITE LINKED TO OUR SITE.
21. Third-Party Merchant Policies
All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant site. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
22. Privacy Policy
Our Privacy Policy, as it may change from time to time, is a part of this Agreement. You must review this Privacy Policy by clicking here.
23. Payments
You represent and warrant that if you are purchasing something from us or from Merchants that (a) any credit information you supply is accurate and complete, (b) charges incurred by you will be honored by your credit card company, and (c) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
Our Billing Policy, as it may change from time to time, is a part of this Agreement. You must review this Billing Policy by clicking here.
24. Refund and Return Policy
Refunds for goods and services you purchase directly from us are processed according to our billing policy, which can be viewed by clicking here. Please note, however, that certain products and services mentioned on our site are sold by third parties or are linked to third party Web sites, and we have no responsibility or liability for those products or services. You may request a refund by contacting us by email at customerservice@availmg.com
25. Links to Other Web Sites
The Site and our Services contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
26. Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the services and the Content and Materials provide therein.
27. Refusal of Service
We reserve the right to refuse service to anyone for any reason we deem appropriate, including, but not limited to, violation of our Legal Agreement or non-payment of services.
Billing Policy
This Billing Policy, as part of Avail Media Group’s Legal Agreement, applies to ALL of our customers. Please review the following terms carefully. If you do not agree to these terms, you should not use the services. The term “plan” refers to any product, service or item billed on a recurring interval. Web Services include, but are not limited to, Hosting, Search Engine Optimization (SEO) and SiteGov service. Any questions or comments regarding this document should be forwarded to the Company at the following address: billing@availmg.com
Payments and Billing Intervals
All prices shown are in US currency. Payments to us are to be made in US currency and must be drawn from a US bank. We accept the following types of payment:
• Check or Money Order
• Credit Card (VISA, MasterCard, Discover)
• PayPal
SiteGov & Standard Hosting Payment
All payments are due on the invoice date. The invoice date is the anniversary of the date the account was activated. If you provide us your credit card information, you are authorizing us to automatically charge your credit or debit card for charges that apply to your account. Recurring charges will be posted to your credit card until such time that you cancel your account in accordance with this policy. Subsequent charges will be automatically charged to your credit card on the next invoice date. You are responsible for updating or notifying us, of any changes to your billing information (including, but not limited to card number, e-mail address, expiration date, billing address, or card status). If a transaction is declined and not resolved within 72 hours, your Hosting service may be suspended (see Suspended Accounts for additional information). Customers not paying by credit card are to make payment of their balance due within thirty (30) days of the invoice date. Accounts that are fifteen (15) days past due may be suspended (see Suspended Accounts for additional information).
Programming, Design and Print
Programming, Design and Print services that have a contract or other written agreement are governed by the billing terms in the contract or agreement. Once the contract or agreement has been completed, these services revert to the billing terms stated in this policy. All work is created to be compatible with all current browsers and other Internet software and technology at the time of production. Any alterations or additions required post-production as a result of a technological industry advance, exploits or similar will be billed accordingly. It is your responsibility to review any work done and report any problems, errors or bugs within thirty (30) days. Any items reported after the thirty day period will be billed accordingly. All payments are due within thirty (30) days of the invoice date. Accounts that are fifteen (15) days past due may be suspended. A past due status may lead to suspension of any work currently in our office and all new work requested, (see Suspended Accounts for additional information). You are responsible for updating or notifying us, of any changes to your billing information (including, but not limited to e-mail or billing addresses).
Account Information
You agree to provide Avail Media Group with accurate and updated account information. This includes but is not limited to name, address, phone number, email address, and payment information. It is not Avail Media Group’s responsibility if we are unable to contact you as a result of inaccurate account information. Any changes to your account should be sent to billing@availmg.com. We will send you a confirmation notice when we receive and update your account. If you do not receive a confirmation within two (2) business days, please contact us immediately.
Past Due Accounts
Finance charges are applied to past due accounts at a rate of 1.5% per month (18% annual rate), with a $1.00 minimum charge. All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including attorney’s fee, court costs, and collection agency fees.Avail Media Group reserves the right to require credit card auto billing or prepayment for accounts that are repeatedly past due.
Suspended Accounts
• SiteGov
You will be charged a $75 account reactivation fee for service suspended due to a billing-related issue. It is your responsibility to maintain a valid and working email address listed with our billing department at all times while service is being provided. Renewal invoices are sent via email to the contact email listed on your account. Failure to receive a renewal invoice does not compose grounds for non-payment of renewal. Accounts that are not reactivated within seven (7) days of suspension will be closed and removed from Avail Media Group servers. A customer wanting to reactivate an account that has been closed will be subject to the fees stated below under “Reactivation”.
• Programming, Design and Print
The account must be brought current before work can continue or start. It is your responsibility to maintain a valid and working email address listed with our billing department at all times work is being completed. Failure to receive an invoice does not compose grounds for non-payment.
Disputes
If you have a dispute on an invoice you must provide us written notice explaining the dispute within sixty (60) days of the invoice date. No disputes will be accepted or acknowledged beyond these sixty (60) days. Dispute notices should be sent to billing@availmg.com or Avail Media Group, PO Box 1473, Keller, TX 76244
Account Renewals
In order to insure uninterrupted service to your website and related services, all plans will automatically renew at the end of the plan’s billing interval. Plan renewal charges are based on the current rate on the date of renewal according to the service selected. Plans are renewed for the same billing interval. If you wish to cancel your plan before plan renewal, please refer to the Cancellation section below.
Invoices and Statements
ALL invoices and statement are e-mailed. You are required to keep a valid billing email address at all times. If paper billing is required, we can provide paper invoices and statements, if requested, for a monthly fee of $10.
Fees
• Returned (NSF) checks
We charge a $30 processing fee for returned (NSF) checks. Customers that issue an NSF check may be required to submit future payments with a certified check or money order.
• Credit Card Chargebacks
We have a zero tolerance for chargebacks. Customers who dispute a credit card payment are subject to a fine, suspension and account termination at our discretion. A $35 processing fee will be assessed to all accounts that receive a chargeback.
• Reactivation
Customers that choose to reactivate a closed account will be charged a $100 reactivation fee. Backups for hosting accounts are only kept for seven (7) days. If we are required to go to other sources to restore your data for accounts closed for more than seven (7) days, you will be subject to additional fees. We do not guarantee that your data will be available in those other sources for accounts closed for more than seven (7) days.
Cancellation
• SiteGov
Our plans will automatically renew until a plan is cancelled. In order to cancel service, you must do so by sending an email to billing@availmg.com with all account and contact information. Please note that there are no pro-rated refunds after the first 30 days of service. Cancellation requests must be received by us a minimum of thirty (30) days prior to the end of your billing interval. Cancellations submitted later than this time may result in your plan being automatically renewed. Your account will be cancelled at the end of the current term, unless you request an earlier date. We will confirm the cancellation request when it is received. If you do not receive a confirmation notice, please contact us immediately. It is your responsibility to remove any data from Avail Media Group’s server when you cancel your service. A $75 fee will be charged if you request Avail Media Group to backup and send your files to you.
We do not monitor or automatically cancel plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to our services.
• Programming, Design and Print
Your order may be cancelled at any time, there are no refunds (including refunds on deposits) for programming, Design or Print work, all printing must be paid in advance.
Liabilities and Obligations on Cancellation
Should your account expire or be cancelled for any reason, Avail Media Group will not be liable to you because of such expiration or cancellation for compensation, reimbursement or damages on account of the loss of prospective profits, anticipated sales, goodwill or on account of expenditures, investments, leases or commitments in connection with your business, or for any other reason whatsoever flowing from such expiration or cancellation. Expiration or cancellation of your account does not relieve you from paying any outstanding balance owed on your account.
We reserve the right to terminate any account, at any time, without notice, for any reason that we deem appropriate. Only accounts cancelled by Avail Media Group for other than billing problems or violation of Avail Media Group’s Legal Agreement may be due a pro-rated refund of any pre-paid fees.
30-Day Money Back Guarantee
Each of our hosting plans carries a 30-day unconditional money back guarantee. If you are not completely satisfied with our services or support within the first 30 days, you will be given a full refund of the fees paid in advance (excluding setup fees) upon plan cancellation. Avail Media Group strongly recommends that customers take advantage of the 30 day free trial.
Examples of services that DO NOT qualify for the 30 Day Money Back Guarantee:
• Web or graphic design
• Search engine optimization
• Additional items, services and labor charges
• Domain name registration
• Dedicated services
• Printing and Design
• Domain parking
• Overage fees
• Consulting
Refund Policy
Refunds are only available in accordance with the 30 Day Money Back Guarantee. Refunds will be provided in the same payment method of the original payment. There are no refunds offered or promised after 30 days.
Billing/Price Changes
You agree to pay for all charges attributable to your use of the Services at the then current Avail Media Group prices, which shall be exclusive of any applicable taxes. You shall be responsible for the payment of all federal, state, and local sales, use, value added, excise, duty and any other taxes assessed with respect to the Services. Our policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle.
Last Updated on 09/21/2010
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