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Chaotic Artistry Terms of Service (http://www.chaosart.com/tos.html)
By using the services of Chaotic Artistry, you understand and agree to these terms of service and any future modifications or additions to this document.
E-mail Communication from Chaotic Artistry:
Chaotic Artistry's primary method of communication is via electronic mail (e-mail). You hereby agree that sending a message to your contact e-mail address is the agreed upon means of providing notification. Any establishment of a relationship with Chaotic Artistry will involve establishing a "Primary" e-mail point of contact. It is required that you routinely check this e-mail account, or if you have another e-mail account that you would prefer to use, please let Chaotic Artistry know. If you use Chaotic Artistry's hosting services, you can also designate any of your hosted e-mail accounts to be forwarded to any outside e-mail address through your Management Interface. Information about services, billing, service outages, and any enhancements or changes are communicated primarily via e-mail.
Service Use:
Chaotic Artistry believes in the right of individuals to publish whatever information they feel is important to publish. We do not specifically restrict any content that is not in violation of United States law, however, we reserve the right to remove content, or disable access to your account at any time for any reason. Typically, we will only do this due to legal action, or due to content on your site creating an undue burden upon Chaotic Artistry's infrastructure. Whenever possible, Chaotic Artistry will attempt to work with you to resolve any problems before any action needs to be taken.
Certain services and content are specifically prohibited:
Pornography or mature content where any subject is under the age of 18.
IRC Servers and Bots (unless specific written arrangement is made)
Instant Messaging Servers and Bots. (unless specific written arrangement is made)
Copyrighted content unless you are the copyright holder, OR you furnish Chaotic Artistry with a NOTARIZED ORIGINAL document granting you permission to post copyrighted content.
You are ultimately responsible for any and all activity that originates from your hosted services. This includes but is not limited to activity by other authorized users on your account. This also applies to security breaches of your hosted services. It is absolutely imperative that if you host any content, either prepackaged, or self-scripted, that you maintain any patches that become available. You are liable and accountable for any activity originating from any of your account services that are deemed to be in violation of our Terms of Service. If you believe any of your accounts or services might have been compromised, please contact Chaotic Artistry immediately.
In the event of activity which could be considered deliberately or otherwise abusive or in violation of the Terms of Use, Chaotic Artistry reserves the right to suspend and/or terminate your account and all Chaotic Artistry provided services immediately, without advanced notice. Chaotic Artistry reserves the right, at its sole discretion, to make a determination of what constitutes abuse and you agree that Chaotic Artistry's determination is final and binding on you.
Unsolicited e-mail:
Transmission of unsolicited e-mail utilizing any of our services is in expressly forbidden. Any use of a Chaotic Artistry hosted account to send unsolicited e-mail is grounds for immediate termination of service.
Illegal Activities
Any client utilizing Chaotic Artistry services to access or attempt to access accounts of others or any other attempts to breach the security of other systems, regardless of success or failure, is grounds for immediate termination of service.
Billing and Invoicing:
Billing will commence on your Activation Date, the date your service is created. You are responsible for paying for all service thereafter unless Chaotic Artistry is notified of a problem with service in a timely manner, and Chaotic Artistry deems to problem worthy of service credit. Chaotic Artistry will continue to bill you for service until you request service be canceled, even if you do not use the service, as Chaotic Artistry must still maintain the service, whether it is used or not. Service cancellation can be performed via phone or e-mail. All service fee's are nonrefundable.
Clients may request paper invoices, and paper invoices will be sent for a 2$/month surcharge. Otherwise, all invoices will be sent via e-mail.
All invoices are due thirty (30) days from the date they are sent. A late fee of 3$, or 10%, whichever is greater, will be assessed at thirty-one (31) days from invoice date, and will be charged every subsequent thirty (30) days until the account is settled. All moneys tendered will be applied to the oldest fee first. If, at any time, your account has two (2) payments unpaid, account access will be suspended. If, at any time, your account has four(4) payments unpaid, your account will be terminated, and collection action will be undertaken.
We do not keep account information on our services for more than three (3) days after service termination.
Limitation of Liability:
Chaotic Artistry is not liable for any costs, expenses, losses, or damages, either general, special, actual, consequential, or incidental, that you may suffer or that some other person may suffer and claim against you resulting from the following: use, misuse, or service outage; your actions or activities, whether legal or illegal; the actions or activities of any other Chaotic Artistry customer, whether legal or illegal; or any other goods or services provided by Chaotic Artistry or any of its vendors. In no event shall Chaotic Artistry be liable to you under this Agreement or in relation to any matters in any way connected with this Agreement in an amount that exceeds the service fees you have paid in the last 12 months.
Chaotic Artistry will provide support for the specific services contracted for. Support for any other services or needs is provided at a general contractual rate, and must be approved by the client.
Backups:
Clients are responsible for backup and maintaining copies of ALL client data. Chaotic Artistry will not be held responsible for ANY data contained upon Chaotic Artistry servers. For a fee, Chaotic Artistry will make periodic backups and provide them to the client.
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