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Terms of Service for free webspace from
chiefcornstalkdistrict.com
This chiefcornstalkdistrict.com Terms of Service
(this "Agreement") and the chiefcornstalkdistrict.com Acceptable Use Policy ("AUP") govern
your "purchase" and use of all chiefcornstalkdistrict.com services
(collectively, the "Services"), as described in the Order Form(s) submitted by
you and accepted by chiefcornstalkdistrict.com (“Service Order”). Acceptance of
any terms or conditions different from those contained herein by
chiefcornstalkdistrict.com will not be deemed by provision of service, but only
by written signature of an officer of chiefcornstalkdistrict.com. You must
register and accept the terms of this Agreement and the AUP in order to use the
Services. chiefcornstalkdistrict.com may modify any of the terms and conditions
contained in this Agreement and the AUP, at any time, in its sole discretion.
Any modifications are effective upon posting of the revisions on the
chiefcornstalkdistrict.com web site (the "Site"). Your continued use of the
Services following chiefcornstalkdistrict.com posting of any modifications
constitutes your acceptance of the modifications. If you do not agree to the
terms of any modification, do not continue to use the services and immediately
notify chiefcornstalkdistrict.com of your termination of this Agreement and the
AUP in the manner described in the section below.
chiefcornstalkdistrict.com agrees to furnish services to the Subscriber, subject
to the following TOS (Terms of Service).
The Use of chiefcornstalkdistrict.com service constitutes acceptance and
agreement to chiefcornstalkdistrict.com TOS (Terms of Service) and AUP
(Acceptable Usage Policy).
Term and Payment for Services
Term: This Agreement will be for as long as your unit wishes for webspace from
chiefcornstalkdistrict.com.
Termination
This Agreement may be terminated: by chiefcornstalkdistrict.com in the event of
2 months inactivity on your site, or by chiefcornstalkdistrict.com, at any time, without notice, if, in
chiefcornstalkdistrict.com's sole judgment, you are in violation of any terms or
conditions. chiefcorntsalkdistrict.com reserves the right to extend the 2 months
inactivity clause to an indefinite amount of time that will be determined by
chiefcornstalkdistrict.com.
Charges
You pay no monetary fees for webspace from chiefcornstalkdistrict.com. However,
you are required to place a Google ad at least once on your site. The position
and orientation of the ad is up to you, and chiefcornstalkdistrict.com will attempt to
"camouflage" the ad so it will blend in. You must place this ad on your site
within one month of your site being published.
Use of Services
Services. The AUP is posted on the site at (or such other location as
chiefcornstalkdistrict.com may specify) and may be updated from time to time. BY
USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THE AUP AND ANY
MODIFICATIONS TO THE TERMS. chiefcornstalkdistrict.com MAY TERMINATE YOUR
ACCOUNT WITHOUT NOTICE FOR ANY VIOLATION OF THE AUP OR THIS AGREEMENT.
Violations of the AUP will result in the following:
A warning notification sent via email, chiefcornstalkdistrict.com trouble ticket
within 24 hours notice for resolution
Disclosure to Law Enforcement
The AUP specifically prohibits the use of our service for illegal activities.
Therefore, Subscriber agrees that the Company may disclose any and all
Subscriber information, including assigned IP addresses, account history,
account use, etc. to any US law enforcement agency who makes a written request
with proof of ongoing investigation without further consent or notification to
the Subscriber. In addition chiefcornstalkdistrict.com shall have the right to
terminate all service set forth in this Agreement if requested to do so as a
result of any action of any US law enforcement or US government agency.
Intellectual Property Policy
chiefcornstalkdistrict.com respects the intellectual property rights of others
and expects its users to do the same. chiefcornstalkdistrict.com reserves the
right, at its discretion, to delete material that infringes the copyrights,
trademarks, or other intellectual property rights of others.
chiefcornstalkdistrict.com also reserves the right to disable and/or terminate
the accounts of users who infringe the copyrights, trademarks or other
intellectual property rights of others. If you believe that your work has been
copied in a way that constitutes copyright infringement, please provide
chiefcornstalkdistrict.com with the following information:
1. A description of the copyrighted work property that you claim has been
infringed;
2. A description of the material that you claim infringes your copyright, and
information sufficient to allow us to locate the material;
3. Your address, telephone number, and e-mail address;
4. A statement by you that you have a good faith belief that the disputed use is
not authorized by the copyright or intellectual property owner, its agent, or
the law;
5. A statement by you, made under penalty of perjury, that the information
provided is accurate and that you are the copyright owner or authorized to act
on the copyright owner's behalf;
6. An electronic or physical signature of a person authorized to act on behalf
of the owner of the copyright.
Enforcement Actions
chiefcornstalkdistrict.com reserves the right to suspend or terminate the
Service immediately or take any other corrective action it deems appropriate in
its sole discretion if, in the sole judgment of chiefcornstalkdistrict.com, your
account is the source or target of any violation of the AUP or for any other
reason which chiefcornstalkdistrict.com reasonably chooses. If inappropriate
activity is detected, all of your accounts in question will be deactivated until
a thorough investigation is completed. Prior notification to you of
disconnection is not assured. In some cases, law enforcement will be contacted
regarding the activity. These rights of action, however, do not obligate
chiefcornstalkdistrict.com to monitor or exert editorial control over the
information made available for distribution via the Services.
Disclosure Rights
The AUP specifically prohibits the use of our service for illegal activities.
Therefore, you agree that chiefcornstalkdistrict.com may disclose any and all of
your information including assigned IP numbers, account history, account use,
etc. to any US law enforcement agent who makes a written request without further
consent or notification to you. In addition, chiefcornstalkdistrict.com shall
have the right to terminate all service set forth in this Agreement.
Disclaimed Warranties
chiefcornstalkdistrict.com exercises no control over, and accepts no
responsibility for, the content of the information passing through
chiefcornstalkdistrict.com host computers, network hubs and points of presence,
or the Internet. USE OF THE SERVICES OR ANY INFORMATION THAT MAY BE OBTAINED
THEREFROM IS AT YOUR OWN RISK. ALL SERVICES PERFORMED UNDER THIS AGREEMENT ARE
PERFORMED "AS IS" AND WITHOUT WARRANTY AGAINST FAILURE OF PERFORMANCE INCLUDING,
ANY FAILURE BECAUSE OF COMPUTER HARDWARE OR COMMUNICATION SYSTEMS.
chiefcornstalkdistrict.com DOES NOT MAKE AND DISCLAIMS, AND YOU WAIVE ALL
RELIANCE ON, ANY REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR OTHERWISE,
REGARDING THE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING,
COURSE OF PERFORMANCE OR USAGE IN TRADE. chiefcornstalkdistrict.com DOES NOT
WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY
SECURE.
Limitation and Exclusion of Liability
Interruption of Service
chiefcornstalkdistrict.com and its suppliers are not liable for any temporary
delay, outages or interruptions of the Services. Further,
chiefcornstalkdistrict.com is not liable for any delay or failure to perform its
obligations under this Agreement, where the delay or failure results from any
“act of God” or other cause beyond its reasonable control (including any
mechanical, electronic, communications or third-party supplier failure).
Indemnification
In agreeing to the chiefcornstalkdistrict.com AUP and this Agreement, you agree
to indemnify, defend and hold harmless chiefcornstalkdistrict.com, its
employees, officers, directors, partners, representatives and affiliates, for
any violation by you or your customers of the AUP or this Agreement that results
either in (a) any cost, expense, damage or loss to chiefcornstalkdistrict.com,
or (b) the bringing of any claim against chiefcornstalkdistrict.com by any
third-party, and all costs, expenses, damages, and losses associated therewith.
MISCELLANEOUS PROVISIONS
chiefcornstalkdistrict.com and you agree that, except as otherwise expressly
provided in this Agreement, the Order Form(s) or the terms and conditions of use
of any third party software products, there shall be no third party
beneficiaries to this Agreement, including but not limited to the insurance
providers for either party or your customers. THIS AGREEMENT IS MADE UNDER AND
WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF WV (EXCEPT THAT BODY OF LAW CONTROLLING CONFLICTS OF LAW) AND SPECIFICALLY
EXCLUDING FROM APPLICATION TO THIS AGREEMENT THAT LAW KNOWN AS THE UNITED
NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS. EXCLUSIVE VENUE FOR ALL
DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE THE STATE AND
FEDERAL COURTS IN WV, AND EACH PARTY IRREVOCABLY CONSENTS TO SUCH PERSONAL
JURISDICTION AND WAIVES ALL OBJECTIONS THERETO. In the event any provision of
this Agreement is held by a tribunal of competent jurisdiction to be contrary to
the law, the remaining provisions of this Agreement will remain in full force
and effect. The waiver of any breach or default of this Agreement will not
constitute a waiver of any subsequent breach or default, and will not act to
amend or negate the rights of the waiving party. You may not sell, assign or
transfer its rights or delegate its duties under this Agreement either in whole
or in part without the prior written consent of chiefcornstalkdistrict.com, and
any attempted assignment or delegation without such consent will be void.
chiefcornstalkdistrict.com may assign this Agreement in whole or part.
chiefcornstalkdistrict.com also may delegate the performance of certain Services
to third parties. All notices, demands, requests or other communications
required or permitted under this Agreement shall be deemed given when delivered
personally, sent by facsimile upon confirmation, sent and received by return
receipt email, or upon receipt of delivery of overnight mail. You and
chiefcornstalkdistrict.com are independent contractors and this Agreement will
not establish any relationship of partnership, joint venture, employment,
franchise or agency between you and chiefcornstalkdistrict.com. This Agreement,
including all documents incorporated herein by reference, constitutes the
complete and exclusive agreement between the parties with respect to the subject
matter hereof, and supersedes and replaces any and all prior or contemporaneous
discussions, negotiations, understandings and agreements, written and oral,
regarding such subject matter.
Survival
All provisions of this Agreement relating to your warranties, intellectual
property rights, limitation and exclusion of liability, your indemnification
obligations and payment obligations will survive the termination or expiration
of the Agreement.
I accept the TOS
I Decline the TOS
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