Terms of Services
Acad.Us.com LLC provides web hosting to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients of Acad.Us.com LLC are subject to the following terms of service:
You agree to use all Acad.Us.com LLC services and facilities at your own risk. Acad.Us.com LLC specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Acad.Us.com LLC be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold Acad.Us.com LLC harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Acad.Us.com LLC, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Acad.Us.com LLC against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with Acad.Us.com LLC’s server.
Acad.Us.com LLC reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from Acad.Us.com LLC’s server. Acad.Us.com LLC shall be the sole judge of what violates this Policy.
At this time we bill monthly, quarterly, semi-annually and annually, depending upon the plan. If you are not satisfied within your first 30 days we would be happy to provide you with a full refund (For some special offers the money-back-guaranteed day will be varied; and Domain Name registration fee is nonrefundable).
We accept business checks via mail. For webhosting plans we will setup your account without any paying. Clients are encouraged to pay by business check as it is the easiest way to handle payment at this time. Their are no contract periods but for each successive period, your contract is automatically renewed unless we are notified otherwise.
All accounts are billed according to the dates they were first activated on. If you will not pay for service renew in 5 days after deactivation, your account will be suspended. If you will not pay for service renew in 30 days after deactivation, your account will be terminated. You will receive an email reminder 5 days till deactivation.
Acceptable Use Policy:
All services provided by Acad.Us.com LLC may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Acad.Us.com LLC and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Pornography is prohibited on all Acad.Us.com LLC servers. This includes sites that include sexually explicit or hardcore images and/or advertising.
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.
Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances.
The following scripts are banned from use on our servers and may not be uploaded or run. Reasons for banning them include adverse effects on server load, invitations to hackers/spammers/criminal activity, etc.
IRC egg drops
Telnet or SSH Access Scripts
nph-proxy (and other scripts what operates like proxy)
UBB (Ultimate Bulletin Board, all versions)
FormMail.cgi, FormMail.pl from Matt’s Script Archive are not allowed.
LIMITATION OF LIABILITY:
Acad.Us.com LLC shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Acad.Us.com LLC servers going off-line or being unavailable for any reason whatsoever. Furthermore, Acad.Us.com LLC shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Acad.Us.com LLC servers. All damages shall be limited to the immediate termination of service.
Acad.Us.com LLC cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by Acad.Us.com LLC are resold. Thus, certain equipment, routing, software, and programming used by Acad.Us.com LLC are not directly owned or written by Acad.Us.com LLC. Moreover, Acad.Us.com LLC holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as Acad.Us.com LLC sees fit. FURTHERMORE, Acad.Us.com LLC retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.
The following are terms of a legal agreement between you and Acad.Us.com LLC. By using Acad.Us.com LLC services or submitting your credit card information you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations.
This statement covers all Acad.Us.com LLC Products and Services.
Acad.Us.com LLC TERMS AND CONDITIONS
1. INTRODUCTION: Acad.Us.com LLC. (Acad.Us.com LLC) a New Jersey Limited Liability Company, agrees to provide you (the “USER”) with advertising services and/or website design services and/or website Security services and/or website hosting services and/or maintenance services and/or business consulting services subject to your compliance with the terms and conditions.
2. TERM, PAYMENT, & MODIFICATION: The term of this agreement shall commence and become effective as of the sign-up date, which coincides with the one-time non-refundable down payment (SETUP FEE) or monthly payment.
Website Design creation is included with initial setup fee and/or a monthly fee. In addition, Acad.Us.com LLC will use any USER-provided content to assist in site creation. Any content provided, USER revisions, or site alteration requests after site is active on the internet may be subject to design fee ($65.00 per hour). The design fee will not be applied if Acad.Us.com LLC is correcting an error on the site. Any other changes requested by the USER will be subject to the $65.00 per hour design fee upon completion and publication of the site.
Marketing (SEO, PPC, Social, Google Mapping) services are on a MONTH-TO-MONTH or 180-day term and shall remain that way until the end of the agreement or until USER no longer requires services. USER will be charged on credit card on file each month coinciding with the date of set up. (If USER signs up April 1st, credit card will be charged each month on the 1st of the month).
Online Presence and Website Optimization differs in results with each client depending on area and saturation of industry. Acad.Us.com LLC has continued success ranking their clients on search engines and providing quality website design.
USER agrees that billing is monthly in accordance to date of sign up and shall remain that way until USER notifies Acad.Us.com LLC in writing. USER must cancel with 15 days notice to not be billed for monthly charges. If USER cancels before monthly billing cycle is complete, USER agrees to pay for entire month.
3. CANCELLATION: The periodic Acad.Us.com LLC fee is valid from the period starting on the billing date and continues through the periodic anniversary date. Upon the fulfillment of the USER Agreement with Acad.Us.com LLC, if USER wishes to terminate service more than 15 days prior to the next anniversary billing date, the next monthly fee will not be charged. If USER requests to terminate service within 15 days of the next anniversary billing date, then USER agrees to pay the charge due on the next billing date. USER agrees that any charges incurred prior to cancellation are valid.
4. PAYMENT: Except as expressly set forth herein, all payments are non-refundable. If payment is made using a credit card or if there are any periodic charges for publication of a site, those charges may be billed automatically to a credit card provided by USER. USER agrees to have credit card on file charged monthly by Acad.Us.com LLC. Unless Acad.Us.com LLC provides a written billing agreement listing otherwise, charges will be automatically billed to the credit card USER designated during the setup process. Acad.Us.com LLC reserves the right to collect and send to collection agencies any outstanding balance due 30 days after the payment due date. If USER’s credit card on file expires, USER hereby gives Acad.Us.com LLC permission to charge the credit card with a later expiration date to allow for continued payment of Acad.Us.com LLC service. Customer may provide updated credit card information to Acad.Us.com LLC verbally, and allows Acad.Us.com LLC to use that information accordingly for continuation of service. In addition, a penalty fee may be incurred or cancellation may be initiated if USER fails to update credit card information. USER authorizes Acad.Us.com LLC and/or its affiliates to collect any charges related to the service of USER’s account.
5. PAYMENT CHANGES: USER may designate another credit card at any time. In addition, a penalty fee may be incurred or cancellation may be initiated if USER fails to update outdated, or otherwise incorrect credit card information. USER must notify Acad.Us.com LLC 30 days prior to make any changes to billing information or charging procedures.
6. OWNERSHIP OF NON-USER PROPERTY: Title and full ownership rights in and to the advertising services, together with any and all ideas, concepts, computer programs, and other technology supporting or otherwise relating to Acad.Us.com LLC’s and website(s) (collectively, the “Acad.Us.com LLC Materials”), shall remain at all times solely with Acad.Us.com LLC and/or with the respective outsourced service provider or author. Upon the completion of 12 Monthly payments by USER to Acad.Us.com LLC, USER may acquire ownership of USER’s DOMAIN and said domains WEBSITE FILES. USER acknowledges that it has and will not acquire any ownership interest in any other Acad.Us.com LLC materials mentioned by way of this Agreement.
7. USER REPRESENTATIONS AND WARRANTIES: USER represents and warrants to Acad.Us.com LLC that for the term of this Agreement: this Agreement constitutes a valid, binding, and enforceable agreement in accordance with its terms; information or data that USER (including its agents or representatives) has provided or will provide for ALL Products and Services is and will be both accurate and complete to the best of USER’s knowledge; USER is the authorized owner or representative of the business for which Products and/or Services will be performed; and, USER’s Website will not violate any applicable law or regulation; does not infringe in any manner any third party rights, including, without limitation copyright, patent, trademark, trade secret, or other intellectual property right or right of privacy or publicity; is not false or misleading; has not and will not result in any consumer fraud, product liability, breach of contract, injury, damage, or harm of any kind to any person or entity; is not defamatory, libelous, slanderous, or threatening; is free of viruses; does not contain, promote, or offer any form of spyware, adware, or other advertising or information collection software; and/or does not contain, link to or promote any of the following: violence, hate crimes (whether racial or otherwise), illegal activities, discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
8. USER COVENANTS: USER further agrees to perform as follows: USER will not hold Acad.Us.com LLC or its affiliates liable or responsible for the activities of visitors who come to USER’s website(s) through Advertising Services. USER agrees that it is solely responsible for any and all content or other materials that Acad.Us.com LLC places on a site on customer’s behalf. If USER sells or promotes adult materials, alcohol, tobacco products, or other age restricted products and/ or services, USER will: (i) have age verification on its sites home page and in the sales process in compliance with all applicable laws and regulations; and (ii) shall not offer such products and/or services in jurisdictions in which they are prohibited or are in any way restricted.
9. SITE STRUCTURE AND TARGETING: USER acknowledges and agrees that the standard site built by Acad.Us.com LLC for USER will follow a pre-determined format. The site will contain seven (1-5) tabs, each containing distinct and unique content, not including logo provided by USER. If USER requests any changes, revisions, deletions, or additions to the standard site structure, USER agrees to pay an additional design fee of $65 per hour. Any change to the standard site structure must be submitted before site is published online. USER acknowledges and agrees that the site built by Acad.Us.com LLC for USER.
10. REPORTING AND REVISIONS: Acad.Us.com LLC will primarily use an online reporting system to communicate site performance and search engine rankings.
11. USER agrees that Acad.Us.com LLC will charge a design fee of $65/hour for any additional changes to the website after publication.
12. COMMUNICATION: In efforts to consistently improve our services, Acad.Us.com LLC always wants to hear from our customers. Whether comments, suggestions, praise, complaints, or any other communication. You grant Acad.Us.com LLC a perpetual, irrevocable, worldwide, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, publicly perform, and publicly display (in whole or in part) your communication in any form, your name, and any related copyrights, moral rights, or other intellectual property rights.
13. TERMINATION: Acad.Us.com LLC may at any time and at its sole discretion terminate service to any USER for any reason. If USER initiates an inquiry or disputes charges for services, Acad.Us.com LLC reserves the right to terminate the agreement between USER and Acad.Us.com LLC with no refund available. USER may terminate their signed agreement at any time with a one-time termination fee of $450 or by paying the monthly fees for the remainder of their agreement’s term (whichever is less).
14. USER INDEMNIFICATION OBLIGATIONS: USER agrees to indemnify, defend, and hold harmless Acad.Us.com LLC, its distribution partners, its licensors and licensees, and affiliated companies, and any of their officers, directors, employees, representatives and agents, from and against all claims, actions, liabilities, losses, expenses, damages, and costs (including without limitation, reasonable attorneys’ fees) that may at any time be incurred by any of them by reason of any claims, suits, or proceedings (collectively being referred to herein as a “Claim”) for, including without limitation, libel, violation of right of privacy or publicity, copyright infringement, trademark infringement, or other infringement of any third party right, fraud, false advertising, misrepresentation, product liability, or violation of any law, statute, ordinance, rule, or regulation throughout the world in connection with ANY Services performed on behalf of USER, USER’s client’s website(s) or contents therein, USER’s conduct, acts or omissions, or any alleged or proven breach by USER of any term, condition, agreement, representation, or warranty herein, excluding any Claim that arises solely from the acts or omissions of Acad.Us.com LLC or its agents or employees. Acad.Us.com LLC will notify USER of any claim, action, or demand for which indemnity is required in the reasonable opinion of Acad.Us.com LLC and will cooperate reasonably with USER at USER’s expense. At the election of Acad.Us.com LLC, USER shall advance to Acad.Us.com LLC amounts in satisfaction of such Claim, which Acad.Us.com LLC may hold in escrow pending resolution of such Claim. The law firm USER chooses to defend Acad.Us.com LLC must be experienced in defending similar claims and will be subject to Acad.Us.com LLC?s approval, which will not be unreasonably withheld. USER may not settle any lawsuit or matter relating to the culpability or liability of Acad.Us.com LLC without the prior written consent of Acad.Us.com LLC. Acad.Us.com LLC will have the right to participate in any defense of a claim and/or to be represented by counsel of its own choosing at its own expense. Without limiting any rights and remedies here-under or under applicable law, Acad.Us.com LLC shall have the right to set off any liability of USER to Acad.Us.com LLC with respect to a Claim against any amounts held on deposit with Acad.Us.com LLC by USER.
15. LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER: USER acknowledges and agrees that it will not hold Acad.Us.com LLC liable for any errors in content, omissions, consequences, damages, costs, refunds, or rebates of any kind arising from any interruption of service or other unavailability of the Internet or website(s) in which the advertisements are published for whatever reason. Acad.Us.com LLC makes no representations or warranties relating to the results of Advertising Services, including without limitation, the number of impressions or click-through and any promotional effect or return on investment thereof. As Acad.Us.com LLC relies on third parties for certain data, Acad.Us.com LLC makes no guarantees regarding the accuracy, reliability, or completeness of any usage statistics. In no event shall Acad.Us.com LLC be responsible for any consequential, special, lost profits, or other damages arising under this Agreement. Without limiting the foregoing, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action, fire, flood, earthquake, power failure, riot, explosion, labor, or material shortage, carrier interruption of any kind or work slowdown.
16. FORCE MAJEURE: Neither USER nor Acad.Us.com LLC will be in breach of its obligations under this Agreement (other than obligations to pay monies due) in the event that, for cause or causes beyond its reasonable control, such party is unable to perform, in whole or in part, any one or more of its obligations under this agreement. Such causes will include, but not limited to, labor disputes, governmental regulations or controls, fire or other casualty, inability to obtain materials or services, technical failure or difficulties, problems or interruptions with the Internet, computer viruses, snow storms, hurricanes or other acts of God, insurrection, or any other cause not within the reasonable control of Acad.Us.com LLC or USER.
17. ENTIRE AGREEMENT: This Agreement between Acad.Us.com LLC and USER supersedes any other oral or written agreements regarding the services specified in this agreement. Neither USER nor any agent of Acad.Us.com LLC may amend these terms and conditions or add any provision to or delete any provision from this Application or any addendum, and any such amendments, additions or deletions are void. No oral or written representation made by any person that purports to modify this agreement is binding on Acad.Us.com LLC. Moreover, USER confirms that USER has not relied upon any such representation in entering into this Agreement.
18. GOVERNING LAW: USER and Acad.Us.com LLC. agree that this agreement and all disputes relating to this agreement will be governed by and interpreted according to the laws of the State of Arizona.
19. AUTHORITY: The person submitting credit card information or subscribing to serve hereby certifies that he or she is either USER, or that he or she has been lawfully authorized to submit Agreement and authorize the placement of advertising on behalf of USER.
Terms and conditions are subject to change without notice.