| BIZPLUS, INC. TERMS AND CONDITIONS OF SERVICE
CONTRACT BizPlus, Inc. is hereinafter referred to as "BizPlus." The following terms and conditions apply to all BizPlus customers. BizPlus will provide services to the account holder, hereinafter referred to as "customer," in exchange for payment of fees and compliance with the terms and conditions of this document. |
Service payments will be submitted in advance of receiving services and will be in accordance with the billing procedures set forth by BizPlus, and according to the service rates published by BizPlus under the topic "BizPlus Account Types and Descriptions" or via e-mail to sales@bizplus.com upon request. Customer certifies that customer has read, is aware of and understands the rates and fees for use of BizPlus services published at the same location. Customer agrees to submit payment for any and all invoices immediately upon receipt. Acceptable forms of payment include MasterCard, Visa, American Express, Discover, and Novus cards. Certified checks, company checks, and money orders will also be accepted in non-refundable six (6) month increments. Submission of credit card information to BizPlus consitutes authorization by customer for BizPlus to bill the specified credit card for any and all fees owed by customer to BizPlus according to the terms of this agreement. BizPlus reserves the right to refuse WWW service to any company or individual for any reason. BizPlus makes no warranties, either expressed or implied, including but without being limited to any warranties of merchantibility or fitness for any particular purpose. BizPlus will not be held responsible for any damages customer suffers or inflicts upon another party. This includes loss resulting from service interruptions, delays, non-deliveries or misdeliveries caused by BizPlus negligence or customer's own actions and/or errors. BizPlus takes no responsibility for materials posted in its users accounts, even if such materials are setup and/or maintained by BizPlus. This includes responsibility for accuracy of information and potential copyright infringement. All such responsibilities fall on the account holder. BizPlus expressly forbids anyone from using BizPlus systems for the propogation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable, including, but not limited to, pornography, satanic materials, and any and all materials of an adult nature. The designation of any materials as such described above is left entirely to the discretion of the BizPlus management. Customer is responsible for keeping a backup copy of customer's web site files elsewhere to enable customer to recover in the event of loss or damage to customer's files. If BizPlus is responsible for loss or damage to files, every attempt will be made to recover them from backups. However, if customer fails to adequately backup customer's account and any loss or damage of customer's files occurs resulting from customer's own error or vandalism to customer's account due to customer's failure to adequately secure account, a fee of $100 is required to recover customer's files from the most recent BizPlus backup. BizPlus makes no guarantee, express nor implied, of its ability to recover any file, regardless of whether loss or damage is the fault of BizPlus, customer, or another party. Accounts past due are subject to suspension and a service resumption fee equal to the one-half the normal set-up fee. Accounts 30 days past due are subject to deletion from BizPlus's computer systems. Termination and/or deletion does NOT relieve customer of the obligation to remit any outstanding balance. If customer acount is cancelled due to payment delinquency, customer will automatically receive a printed statement. CUSTOMER AGREES TO REIMBURSE BIZPLUS OR ITS COLLECTIONS AGENT(S) FOR ALL COLLECTIONS COSTS, INCLUDING ALL COURT AND ATTORNEY'S FEES, IF ACCOUNT IS DELINQUENT FOR MORE THAN 60 DAYS. BizPlus reserves the right to charge late fees to the maximum extent permitted by law. Customer may terminate account at any time by sending an e-mail message to the sales department (sales@bizplus.com), to support (support@bizplus.com), or a written letter or telephone call to BizPlus. Customer is liable for the entire fee for the last month regardless of whether the account is terminated at any time before the end of the month. BizPlus reserves the right to change rates and otherwise modify these Terms and Conditions and will provide customer with thirty days notice in advance of the effective date of change. BizPlus operates it services subject to and in accordance with all applicable local, state, and federal laws. Customer agrees to indemnify and hold BizPlus harmless from any civil claims or criminal charges resulting from service which causes direct or indirect damage to another party or violates any law. Customer also agrees to indemnify and hold BizPlus harmless from any and all lawsuits, judgements, decrees, costs and expenses, and attorney fees arising from customer's use of services provided. This agreement represents the complete agreement and understanding between BizPlus and customer with respect to the subject matter herein, and supersedes any and all previous representations, understandings or agreements, whether written, oral, or otherwise, and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Use of BizPlus services constitutes acceptance of these terms and conditions. |