SERVICE AGREEMENT



1. INTRODUCTION.

Claremont Internet Press ("CIP") provides its web hosting and email services, as they may exist from time to time ("Services"), to users who pay a quarterly or annual service fee to subscribe to the Services ("Members"). By establishing an account or using the Services, you agree to be bound by this Agreement and to use the Services in compliance with this Agreement.

If you do not agree to the terms and conditions of this Agreement, including any future revisions, you may not use the Services and if you are a current Member, you must terminate your use of the Services under Section 8.



2. PAYMENT OBLIGATIONS OF A MEMBER.

  1. Members must (i) provide CIP with accurate and complete billing information including legal name, address, telephone number, and credit card/billing information, and (ii) report to CIP all changes to this information within thirty (30) days of the change. Members are responsible for any charges to their account.
  2. Members having questions regarding charges to an account, should contact CIP's Customer Service at (909) 446-1816. All charges are considered valid unless disputed in writing within sixty (60) days of the billing date. Adjustments will not be made for charges that are more than 60 days old.
  3. Charges are billed to Members' credit cards either annually (12 months) or each quarter (3 months) for the basic service and any additional usage or services. CIP is not responsible for any charges or expenses (e.g for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by CIP.
  4. If paying by check, payments are due within 15 days after receipt of the quarterly billing email.
  5. If you pay for Services through a prepayment plan, automatic billing described above shall only apply to the charges not paid for through the prepayment plan.
  6. Delinquent accounts may be suspended or canceled at CIP's sole discretion; however, charges will continue to accrue until the account is canceled. CIP may bill an additional charge to reinstate a suspended account.

3. MEMBER'S ACCOUNT, PASSWORD, AND SECURITY.

Upon registration, Members receive a username, password, and account designation. You and members of your business are the only authorized users of your CIP account and must comply with this Agreement. You must keep your password confidential so that no one else may access the Services through your account. You must notify CIP immediately upon discovering any unauthorized use of your account.



4. MONITORING THE SERVICES.

CIP has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if CIP, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Services properly; or protect itself and its Members. CIP may immediately remove your material or information from CIP's servers, in whole or in part, which CIP, in its sole and absolute discretion, determines to infringe another's property rights or to violate our Acceptable Use Policy.



5. DISCLAIMER OF WARRANTIES and LIMITATION OF LIABILITY.

Except for certain products and services specifically identified as being offered by CIP, CIP does not control any materials, information, products, or services on the internet. The internet contains unedited materials, some of which are sexually explicit or may be offensive to you. CIP has no control over and accepts no responsibility for such materials. You assume full responsibility and risk for use of the services and the internet and are solely responsible for evaluating the accuracy, completeness, and usefulness of all services, products, and other information, and the quality and merchantability of all merchandise provided through the service or the internet.

The services are provided on an "as is" and "as available" basis. CIP does not warrant that the services will be uninterrupted, error-free, or free of viruses or other harmful components. CIP makes no express warranties and waives all implied warranties including, but not limited to, warranties of title, noninfringement, merchantability, and fitness for a particular purpose regarding any merchandise, information or service provided through CIP or the internet generally. No advice or information given by CIP or its representatives shall create a warranty. CIP and its employees are not liable for any costs or damages arising directly or indirectly from your use of the services or the internet including any indirect, incidental, exemplary, multiple, special, punitive, or consequential damages. In any event, CIP's cumulative liability to any member for any and all claims relating to the use of the services shall not exceed the total amount of service fees paid during a one year period.



6. WEB SITE USAGE.

Some portions of the Web site are made available for the free exchange of ideas by participants and are not regularly monitored nor moderated by CIP. CIP assumes no responsibility and makes no warranty that it will undertake to screen or remove such material. You agree to hold CIP harmless from all claims based upon the materials posted by others. Also, in exchange for availing yourself of the opportunity to upload or provide information to this site and any associated chat rooms or discussion areas, you will indemnify CIP from any claims made by third parties regarding the material that you provide. Personal information posted by you to the Web site is posted at your own risk. CIP will have no liability arising from use of that information. You agree that you will not post, upload or otherwise introduce a virus or other harmful code onto the Web site.



7. TERM OF AGREEMENT.

Continued use of the Services constitutes acceptance of this Agreement and any future versions. If you are dissatisfied with the Services or any related terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the Services and, if you are a Member, to terminate your account.



8. TERMINATION.

You may terminate your account at any time and for any reason by providing notice of intent to terminate to CIP by:

  1. mail addressed to Claremont Internet Press, 871 Providence Place, Claremont, CA 91711; or
  2. telephone calls directed to Customer Service at (909) 446-1816; or
  3. fax at (909) 635-4466.

Email termination of your basic Internet access account will be accepted but will not be effective until acknowledged.To terminate Web Hosting and/or Email Services, you must call (909) 446-1816. Your termination will only be complete upon your receipt of a cancellation confirmation number from CIP. Charges to your account will stop accruing the day CIP provides you with a cancellation confirmation number. Based on your billing cycle, charges accrued prior to your termination may apply after you receive a cancellation confirmation. Email cancellation requests will not be accepted. If your account included space on CIP's servers, anything stored on this space will be deleted upon termination.

Requests for early termination of Web Hosting and/or Email Services and requests for domain transfers from the Member will be honored within 3 business days if the Member's account is current with CIP. There will be no refunds granted for pre-paid services.

Without prior notice, CIP may terminate this Agreement, your password, your account, or your use of the Services, for any reason, including, without limitation, if CIP, in its sole discretion, believes you have violated this Agreement, our Acceptable Use Policy, or any of the applicable user policies, or if you fail to pay any charges when due. CIP may provide termination notice to you by: email addressed to your email account or by US Mail or courier service to the address you provided for the Services. All notices to you shall be deemed effective on the first (1st) calendar day following the date of electronic mailing or on the fourth (4th) calendar day following the date of first-class mailing or deposit with a commercial courier service.

Sections 3, 5, and 9 of this Agreement shall survive termination of this Agreement.



9. JURISDICTION.

This Agreement is governed by California law without regard to conflict of law provisions.

The federal and state courts located in Los Angeles County, California alone have jurisdiction over all disputes arising out of or related to this Agreement and the Services. You consent to the personal jurisdiction of such courts sitting in California with respect to such matters or otherwise between you and CIP, and waive your rights to removal or consent to removal.



10. MISCELLANEOUS.

This Agreement, the Acceptable Use Policy and CIP's other user policies posted on CIP's Web site constitute the entire agreement between you and CIP with respect to your use of the Services.

CIP may revise, amend, or modify this Agreement, the Acceptable Use Policy and any other user policies and agreements, at any time and in any manner. Notice of any revision, amendment, or modification may be posted on CIP's Web site (clp.net) or by email.