Terms of Service (ToS)
IMPORTANT NOTICE: *All Payments To College Street Publishing's
Internet Services Are Non-Refundable*
College Street Publishing ("The Company" or "CSP")
agrees to furnish services to the Subscriber, subject to the following
TOS (Terms of Service).
Use of CSP Service constitutes acceptance and agreement to CSP's AUP
as well as CSP's TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of
Service) of CSP and AUP (Acceptable Use
Policy). The AUP may be changed from
time to time at the discretion of the Company. Subscriber understands
that change to the AUP by the Company shall not be grounds for early
contract termination or non-payment.
This Agreement shall be construed in all respects in accordance with the
laws of the state of Texas, county of Harris applicable to contracts
enforceable in that state. Venue will be Harris County, Texas
Note: Pornography and sex-related merchandising are prohibited on any
College Street Internet Services server EXCEPT those on servers that have
clearly stated that such content is allowed upon signing up. This
includes sites that may infur sexual content, or links to adult content
elsewhere. This is also true for sites that promote any illegal activity
or content that may be damaging to College Street Internet Services servers or
any other server on the internet. Links to such materials are also
prohibited.
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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
numbers, account history, account use, etc. to any law enforcement
agent who makes a written request without further consent or
notification to the Subscriber. In addition CSP shall have the right
to terminate all service set forth in this Agreement.
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Service Rates: Subscriber acknowledges
that the nature of the service furnished and the initial rates and
charges have been communicated to Subscriber. Subscriber is aware
that the Company may prospectively change the specified rates and
charges from time to time. The promotional offer is contingent upon
Company achieving and maintaining its cost of service goals
including but not limited to rates charged to company by its
suppliers.
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Payment: Establishment of this service is
dependent upon receipt by the Company of payment of stated charges.
Subsequent payments are due on the anniversary date of the month for
that month's service. The above applies to all accounts and services
provided by CSP.
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Payments and Fees: Credit cards that are
declined for any reason are subject to a $1.00 declination fee.
Service will be interrupted on accounts that reach 10 days past due.
Service interrupted for nonpayment is subject to a $10.00 reconnect
charge. Accounts not paid by due date are subject to a $5.00 late
fee. Accounts that are not collectable by CSP may be turned over to
an outside collection agency for collection. If your account is
turned over for collection, you agree to pay the company a
"Processing and Collection" Fee of not less than $20 nor
more than $150. If you desire to cancel your account, please follow
the proper procedure to do this as outlined in this TOS.
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Refund and Disputes: All payments to CSP
are nonrefundable. This includes the one time setup fee and
subsequent charges regardless of usage. All overcharges or billing
disputes must be reported within 60 days of the time the dispute
occurred. If you dispute a charge to your credit card issuer that,
in CSP's sole discretion is a valid charge under the provisions of
the TOS and/or AUP, you agree to pay CSP an "Administrative
Fee" of not less than $20 and not more than $150.
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Failure to Pay: The Company may
temporarily deny service or terminate this Agreement upon the
failure of Subscriber to pay charges when due. Such termination or
denial will not relieve Subscriber of responsibility for the payment
of all accrued charges, plus reasonable interest and any collection
fees.
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Account Cancellation: Request for
termination of user accounts can be made through the CSP Customer
Control Panel. Termination requests received will take effect
immediately, that means you're not required to pay for web hosting
plan fee for that month, if termination request is received after
the fee charged in that month, which is not refundable, that means
starting from following month you'll not be charged for web hosting
fee. Subscription fees for additional services such as added space
and bandwidth transfer will be charged for the entire month
regardless of whether the request for their termination is received
prior to the effecting of the said services.
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Subscriber acknowledges that the service provided
is of such a nature that service can be interrupted for many reasons
other than the negligence of the company and that damages resulting
from any interruption of service are difficult to ascertain.
Therefore, subscriber agrees that the company shall not be liable
for any damages arising from such causes beyond the direct and
exclusive control of the company. Subscriber further acknowledges
that the company's liability for its own negligence may not in any
event exceed an amount equivalent to charges payable by subscriber
for services during the period damages occurred. In no event shall
the company be liable for any special or consequential damages, loss
or injury.
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New Domains: Payment made for domain
registration will not be refundable in all cases, including those
that involve mistakes committed by any persons, CSP staff or not, at
any stage of the domain registration process. A confirmation e-mail
will be sent to registrants within 24 hours of the submission of the
domain name purchase order.
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Transfer of Domains: New webhosting
accounts which involve the transfer of a domain from another
provider to CSP will require a minimum of seven (7) days to be set
up and entered into our DNS servers. In some cases, such transfers
may take up to sixty (60) days. Due to the unpredictable nature of
the transfer process, no guarantees are made regarding the amount of
time a specific transfer may take.
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Support Boundaries: CSP provides 24 x 7
technical support to our subscribers (except for few holidays and
short company meetings) We limit our technical support to our area
of expertise. The following is our guidelines when providing
support: CSP provides support related to your services or virtual
site physical functioning. CSP does not offer tech support for
application specific issues such as cgi programming, html or any
other such issue. CSP does not provide technical support for YOUR
customers.
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SPAM and Unsolicited Commercial Email (UCE):
CSP takes a zero tolerance approach to the sending of Unsolicited
Commercial Email (UCE) or SPAM over our network. Very simply this
means that customers of CSP may not use or permit others to use our
network to transact in UCE. Customers of CSP may not host, or permit
hosting of, sites or information that is advertised by UCE from
other networks. Violations of this policy carry severe penalties,
including termination of service.
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Violation of CSP's SPAM policy will result in
severe penalties. Upon notification of an alleged violation of
our SPAM policy, CSP will initiate an immediate investigation
(within 48 hours of notification). During the investigation, CSP
may restrict customer access to the network to prevent further
violations. If a customer is found to be in violation of our
SPAM policy, CSP may, at its sole discretion, restrict, suspend
or terminate customer's account. Further, CSP reserves the right
to pursue civil remedies for any costs associated with the
investigation of a substantiated policy violation. CSP will
notify law enforcement officials if the violation is believed to
be a criminal offense.
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First violations of this policy will result
in an "Administrative Fee" of $250 and your account
will be reviewed for possible immediate termination. A second
violation will result in an "Administrative Fee" of
$500 and immediate termination of your account. Users who
violate this policy agree that in addition to these
"Administrative" penalties, they will pay
"Research Fees" not to exceed $175 per hour that CSP
personnel must spend to investigate the matter. PLEASE, DO NOT
SPAM from your account.
IMPORTANT NOTICE:
BEGINNING IMMEDIATELY, anyone hosting websites or services on
their server that support spammers or cause any of our IP space to
be listed in any of the various Spam Databases will have their
services immediately disabled. The services will not be enabled
until such time that you agree to remove ANY and ALL
traces of the offending material immediately upon reconnection and
agree to allow us access to the account to confirm that all material
has been COMPLETELY removed. Severe violations may result in
immediate and permanent removal of the account from our network
without notice to the customer. Any account guilty of a second
violation WILL be immediately and permanently removed from
our network without notice.
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Network
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IP Address Ownership: If CSP assigns
Customer an Internet Protocol address for Customer's use, the
right to use that Internet Protocol address shall belong only to
CSP, and Customer shall have no right to use that Internet
Protocol address except as permitted by CSP in its sole
discretion in connection with the Services, during the term of
this Agreement. CSP shall maintain and control ownership of all
Internet Protocol numbers and addresses that may be assigned to
Customer by CSP, and CSP reserves the right to change or remove
any and all such Internet Protocol numbers and addresses, in its
sole and absolute discretion.
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IP Address Usage: Any customer caught
using an IP address that has not been assigned to them agrees to
pay a $25 fee. The domain caught using the offending IP address
can be disabled or deleted at the discretion of CSP.
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Bandwidth and Disk Usage: Customer
agrees that bandwidth and disk usage shall not exceed the number
of megabytes per month for the Services ordered by Customer on
the Order Form (the "Agreed Usage"). CSP will monitor
Customer's bandwidth and disk usage. CSP shall have the right to
take corrective action if Customer's bandwidth or disk usage
exceeds the Agreed Usage. Such corrective action may include the
assessment of additional charges, disconnection or
discontinuance of any and all Services, or termination of this
Agreement, which actions may be taken is in DIS's sole and
absolute discretion. If CSP takes any corrective action under
this section, Customer shall not be entitled to a refund of any
fees paid in advance prior to such action. In the event that
a customer exceeds the included allocation, CSP may, at its sole
discretion, collect a deposit, in an amount determined by CSP,
against customer's credit card on file with CSP.
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System and Network Security: Users are
prohibited from violating or attempting to violate the security
of the CSP Network. Violations of system or network security may
result in civil or criminal liability. CSP will investigate
occurrences, which may involve such violations and may involve,
and cooperate with, law enforcement authorities in prosecuting
Users who are involved in such violations. These violations
include, without limitation:
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Accessing data not intended for such User
or logging into a server or account, which such User is not
authorized to access.
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Attempting to probe, scan or test the
vulnerability of a system or network or to breach security
or authentication measures without proper authorization.
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Attempting to interfere with service to
any user, host or network, including, without limitation,
via means of overloading, "flooding", "mail
bombing" or "crashing".
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Forging any TCP/IP packet header or any
part of the header information in any e-mail or newsgroup
posting.
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Taking any action in order to obtain
services to which such User is not entitled.
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Notification of Violation:
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CSP is under no duty to look at each
customer's or user's activities to determine if a violation of
the AUP has
occurred, nor do we assume any responsibility through our AUP to
monitor or police Internet- related activities.
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First violation: Any User, which CSP
determines to have violated any element of this Acceptable
Use Policy, shall receive an email, warning them of the
violation. The service may be subject at DIS's discretion to a
temporary suspension pending a User's agreement in writing, to
refrain from any further violations.
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Second Violation: Users that CSP determines
to have committed a second violation of any element of this
Acceptable Use Policy shall be subject to immediate suspension
or termination of service without further notice.
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Suspension of Service or Cancellation: CSP
reserves the right to suspend network access to any customer if in
the judgment of the CSP network administrators the customer's
account is the source or target of the violation of any of the other
terms of the AUP or for
any other reason which CSP chooses. If inappropriate activity is
detected, all accounts of the Customer in question will be
deactivated until an investigation is complete. Prior notification
to the Customer is not assured. In extreme cases, law enforcement
will be contacted regarding the activity. The customer will not be
credited for the time the customer's account was suspended. The
customer will also not be credited for any fees if their account has
been terminated.
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CSP reserves the right to amend its policies at
any time. All resellers of CSP must adhere to the above policies.
Failure to follow any term or condition will be grounds for
immediate Cancellation. You will be held responsible for the actions
of your clients in the matter described on these Terms and
conditions.
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Indemnification: CSP wishes to emphasize
that in agreeing to the CSP Acceptable
Use Policy (AUP) and Terms of Service (ToS), customer
indemnifies CSP for any violation of the Acceptable
Use Policy (AUP) and Terms of Service (ToS) that results in loss
to CSP or the bringing of any claim against CSP by any third-party.
This means that if CSP is sued because of a customer's or a customer
of a customer's activity, the customer will pay any damages awarded
against CSP, plus all costs and attorney's fees.
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Miscellaneous Provisions: You must provide
us with, and keep current, good contact information for you. E-mail,
telephone and fax contacts are used, in that order of preference.
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A waiver by the Company of any breach of any
provision of this Agreement by Subscriber shall not operate as
or be construed as a continuing or subsequent waiver thereof or
as a waiver of any breach of any other provision thereof.
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Subscriber shall not transfer or assign this
Agreement without the prior written consent of the Company.
Company may assign Agreement at anytime without consent from or
notice to Subscriber. Company reserves right to cancel customers
rights under this contract at anytime without further
obligation.
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CSP takes no responsibility for any material
input by others and not posted to the CSP Network by CSP. CSP is
not responsible for the content of any other websites linked to
the CSP Network; links are provided as Internet navigation tools
only. CSP disclaims any responsibility for any such
inappropriate use and any liability to any person or party for
any other person or party's violation of this policy.
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CSP is not responsible for any damages your
business may suffer. CSP does not make implied or written
warranties for any of our services. CSP denies any warranty or
merchantability for a specific purpose. This includes loss of
data resulting from delays, non-deliveries, wrong delivery, and
any and all service interruptions including equipment failure.
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Responsibility for Content: You, as DIS's
customer, are solely responsible for the content stored on and
served by your account.
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