TERMS OF SERVICE AGREEMENT
This Terms of Service Agreement (TOS=
) is
a formal and legally binding agreement between //AvekHost.com// (we, Compan=
y)
and you, the service user (you, Subscriber). Use of our service constitutes=
acceptance
and agreement to the TOS in full.
Contents:
I) Purpose and Overview of the TOS
II) Specific Violations of the TOS
III) Security
IV) Network Performance
V) Payment Policy
VI) General Operations
VII) Violation Reporting
VIII) Violation Procedures
IX) Miscellaneous Provisions
I) PURPOSE AND OVERVIEW OF THE TOS
The TOS is provided to give our
Subscribers and users a clear understanding of what we expect of them while
using our services. All users of our services including those who access our
services but do not have accounts, as well as those who pay a service fee to
subscribe to the services, must comply with our TOS.
We support the uncensored flow of
information and ideas over the Internet and do not actively monitor subscri=
ber
activity under normal circumstances. Similarly, we do not exercise editorial
control over the content of any website, e-mail transmission, newsgroups, or
other material created or accessible over or through the services, except f=
or
certain proprietary websites. However, in accordance with our TOS, we may
remove any materials that, in our sole discretion, may be illegal, may subj=
ect
us to liability, or which may violate the TOS. We may cooperate with legal
authorities and/or third parties in the investigation of any suspected or
alleged crime or civil wrongdoing. Your violation of the TOS may result in =
the
suspension or immediate termination of your account without prior notice.
The following are guidelines for the
establishment and enforcement of the TOS:
-Ensure reliable service to our
customers
-Ensure security and privacy of our
systems and network, as well as the networks and systems of others
-Comply with existing laws
-Maintain our reputation as a
responsible service provider
-Encourage responsible use of the
Internet and discourage activities which reduce the usability and value of
Internet services
-Preserve the value of Internet
resources as a conduit for free expression and exchange of information
-Preserve the privacy and security of
individual users
While we are committed to the princi=
ples
of free speech, certain activities that may be damaging to the resources of
both us and the Internet and cannot be permitted under the guise of free
speech. The resources of us and the Internet are limited, and abuse of thes=
e resources
by one user has a negative impact on the entire community.
We do not routinely monitor the acti=
vity
of accounts except for measurements of system utilization and the preparati=
on of
billing records. However, in our efforts to promote good citizenship within=
the
Internet community, we will respond appropriately if we become aware of
inappropriate use of our service.
If you violate the TOS, we reserve t=
he
right to terminate your service without notice. We prefer to advise Subscri=
bers
of inappropriate behavior and any necessary corrective action, however,
flagrant violations of the TOS will result in immediate termination of serv=
ice.
Our failure to enforce this policy, for whatever reason, shall not be const=
rued
as a waiver of our right to do so at any time.
II) SPECIFIC VIOLATIONS OF THE TOS
By using our services you agree not =
to
commit any of the following specific violation of the TOS. The following
constitute specific violations of the TOS:
Illegal use: Our services may not be
used for illegal purposes, or in support of illegal activities. We reserve =
the
right to cooperate with legal authorities and/or injured third parties in t=
he
investigation of any suspected crime or civil wrongdoing. If anything is not
legal in the United States of America, it is not permitted to reside on our
servers. If illegal content or usage is found, the account will be suspended
and/or terminated. Subscriber agrees that the Company may disclose any and =
all
subscriber information including assigned IP numbers, account history, acco=
unt
use, etc. to any law enforcement agent who makes a written request without
further consent or notification to the Subscriber.
Harm to minors: Use of our service to
harm, or attempt to harm, minors in any way, including, but not limited to
child pornography is prohibited. Violation of this policy will result in
immediate termination of your service and a report will be made to law
enforcement authorities.
Threats: Use of our service to trans=
mit
any material (by e-mail, uploading, posting or otherwise) that threatens or
encourages bodily harm or destruction of property is prohibited.
Harassment: Use of our service to
transmit any material (by e-mail, uploading, posting or otherwise) that
harasses another is prohibited.
Fraudulent activity: Use of our serv=
ice
to make fraudulent offers to sell or buy products, items, or services, or to
advance any type of financial scam such as "pyramid schemes," &qu=
ot;ponzi schemes," and "chain letters" is
prohibited This also includes any knowing misrepresentation or misleading
statement, writing or activity made with the intent that the person receivi=
ng
it will act upon it.
Forgery or impersonation: Adding,
removing or modifying identifying network header information in an effort to
deceive or mislead is prohibited. Attempting to impersonate any person by u=
sing
forged headers or other identifying information is prohibited. Forging any
message header, in part or whole, of any electronic transmission, originati=
ng
or passing through our service is in violation of the TOS. The use of anony=
mous
remailers or nicknames does not constitute impersonation.
Unsolicited commercial
e-mail/Unsolicited bulk e-mail (SPAM): Use of our service to transmit any u=
nsolicited
commercial or unsolicited bulk e-mail is expressly prohibited. Violation of
this SPAM policy will result in severe penalties. Upon notification of an
alleged violation of our SPAM policy, we will initiate an investigation. Du=
ring
the investigation, we may restrict Subscriber access to the network to prev=
ent
further violations. If a Subscriber is found to be in violation of our SPAM
policy, we may, at our sole discretion, restrict, suspend or terminate the
Subscriber's account. Further, we reserve the right to pursue civil remedies
for any costs associated with the investigation of a substantiated policy
violation. We will notify law enforcement officials if the violation is
believed to be a criminal offense. Anyone using our service to host website=
s or
services that support spammers or cause any of our IP
space=
to be listed in any of the various Spam Databases will have their account(s)
immediately suspended. The account will not be unsuspended until such time =
that
you agree to remove any and all traces of the offending material immediately
upon reconnection. First violations of this policy will result in an
"Administrative Fee" of $25 and your account will be reviewed for
possible immediate termination. Severe violations may result in immediate a=
nd
permanent removal of the account(s) from our network without notice to the
customer. A second violation will result in an "Administrative Fee&quo=
t;
of $100 and immediate termination of your account.
E-mail/News Bombing: Malicious inten=
t to
impede another person's use of electronic mail services or news will result=
in
the immediate termination of the offending account.
Usenet Abuse/Spamming: We have a zero
tolerance policy for the use of our service for the posting of messages or
commercial advertisements which violate the rules, regulations, or charter =
of
any newsgroups or mailing list. Commercial messages that are appropriate un=
der
the rules of a newsgroup or mailing list or that are solicited by the
recipients are permitted.
Unauthorized access: Use of our serv=
ice
to access, or to attempt to access, the accounts of others, or to penetrate=
, or
attempt to penetrate, security measures of ours or another entity's computer
software or hardware, electronic communications system, or telecommunicatio=
ns
system, whether or not the intrusion results in the corruption or loss of d=
ata,
is expressly prohibited and the offending account is subject to immediate
termination. You may not attempt to circumvent user authentication or secur=
ity
of any host, network or account. This includes, but is not limited to,
accessing data not intended for you, logging into or making use of a server=
or
account you are not expressly authorized to access, or probing the security=
of
other networks. Use or distribution of tools designed for compromising secu=
rity
is prohibited. Examples of these tools include, but are not limited to,
password guessing programs, cracking tools or network probing tools. Violat=
ions
of system or network security may result in civil or criminal liability. We
will investigate occurrences, which may involve such violations and may
involve, and operate with, law enforcement authorities in prosecuting users=
who
are involved in such violations.
Copyright or trademark infringement:=
Use
of our service to transmit any material (by e-mail, uploading, posting or
otherwise) that infringes any copyright, trademark, patent, trade secret or
other proprietary rights of any third party, including, but not limited to,=
the
unauthorized copying of copyrighted material, the digitization and distribu=
tion
of photographs from magazines, books, or other copyrighted sources, and the
unauthorized transmittal of copyrighted software is prohibited. This also
includes intellectual property rights. Distribution and/or posting of
copyrighted or the aforementioned infringements will not be tolerated.
Collection of personal data: Use of =
the
service to collect, or attempt to collect, personal information about third
parties without their knowledge or consent is prohibited.
Network disruptions and unfriendly
activity: Use of the service for any activity which affects the ability of
other people or systems to use our services or the Internet is prohibited. =
This
includes "denial of service" (DOS) attacks against another network
host or individual user. Interference with or disruption of other network
users, services or equipment is prohibited. This includes, but is not limit=
ed
to: "flooding" of networks, deliberate attempts to overload a
service, and attempts to "crash" a host. It is the Subscriber's
responsibility to ensure that their account(s) are configured in a secure
manner. A Subscriber may not, through action or inaction, allow others to u=
se
their account for illegal or inappropriate actions. A Subscriber may not pe=
rmit
their account, through action or inaction, to be configured in such a way t=
hat
gives a third party the capability to use their account in an illegal or
inappropriate
manner.
Unauthorized entry and/or use of another company and/or individual's comput=
er
system will result in immediate account termination. We will not tolerate a=
ny
Subscriber attempting to access the accounts of others, or penetrate securi=
ty
measures of other systems, whether or not the intrusion results in corrupti=
on
or loss of data. We reserve the right, to drop the section of IP space invo=
lved
in Spam or Denial-of-Service complaints if it is clear that the offending
activity is causing great harm to parties on the Internet. In particular, if
open relays are on your account, or if denial of service attacks are
originating from your account. In certain rare cases, we may have to do this
before attempting to contact you. If we do this, we will contact you as soo=
n as
is feasible.
Distribution of Viruses: Intentional
distributions of software or anything that attempts to and/or causes damage,
harassment, or annoyance to persons, data, and/or computer systems are
prohibited. Such an offense will result in the immediate termination of the
offending account.
Inappropriate Use of Software: Use of
software or any device that would facilitate a continued connection, i.e.
pinging, while using our services could result in suspension of service.
IRC networks: It is forbidden to host
IRC (Internet Relay Chat) that is part of or connected to another IRC netwo=
rk
or server. Accounts found to be connecting to or part of these networks wil=
l be
immediately suspended without notice. The account will not be unsuspended u=
ntil
such time that you agree to remove any and all traces of the offending mate=
rial
immediately upon reconnection. Severe violations may result in immediate and
permanent removal of the account(s) from our network without notice to the
customer. Any user who commits a second violation will be immediately and
permanently removed from our network without notice.
Streaming Video and Audio: Streaming
Video and Audio is not permitted on our servers. You must zip the content to
prevent this if you wish to have it hosted, and like everything else this
content must be legal and in compliance with our copyright guidelines.
Eggdrop
Scripts: Eggdrop scripts/bots and IRC bots of a=
ny
type are not allowed, these are grounds for immediate account deletion.
Adult Material: Adult Material is not
allowed, unless specified in your package deal. If a website is found to
contain adult material that is not on an adult approved server/package, the
website will be suspended.
Objectionable Material: You may not =
use
our service to publish material, which we determine, at our sole discretion=
, to
be unlawful, indecent or objectionable. For purposes of this policy,
"material" refers to all forms of communications including but not
limited to: narrative descriptions, graphics (including photographs,
illustrations, images, drawings, logos), executa=
ble
programs, video recordings, and audio recordings. If you are unsure if your
content is objectionable, please contact us before posting it.
Chinese Forums: Chinese Forums are n=
ot
allowed on our network. These sites require too much CPU usage. They typica=
lly
require a dedicated server to run properly. If they are found on any server=
we
will suspend and/or terminate them.
ANIME: Anime websites are not allowe=
d on
our network. If an Anime website is found we will terminate the account. Th=
ese
sites are not allowed on our servers because most of them are illegal, and
almost inevitably cause server problems.
Demo Accounts: Due to the potential =
of a
security breach, or malicious activity aimed at our network, control panel =
demo
accounts are not allowed. We recommend linking directly to the control panel
maker's website for their demo.
Use of our service by minors: Persons
under the age of eighteen (18) must have permission from their parent/guard=
ian
to use our services. By signing up for our service, you agree that you are =
over
the age of eighteen, OR your parent/guardian has permitted you to do so and=
has
read and agreed to the TOS, and has accepted responsibility for any actions=
you
may take as a minor under their custody.
III) SECURITY
By using our services you agree to a=
dopt
adequate security measures to prevent or minimize unauthorized use of your
account. Your password provides access to your account. It is your
responsibility to keep your password secure. Sharing your password and acco=
unt
access with unauthorized users is prohibited. You should take care to preve=
nt
others from using your account since you will be held responsible for such =
use.
Subscribers will be held responsible=
for
any activity by third parties using their accounts in a way that violates t=
he TOS.
You are responsible for any misuse of your account, even if the inappropria=
te
activity was committed by a friend, family member, guest or employee.
Therefore, you must take steps to ensure that others do not gain unauthoriz=
ed
access to your account.
Subscribers who are resellers are
responsible for enforcing the TOS to all of their clients. If their clients=
are
found to be violating the TOS, we will suspend and or/terminate the offendi=
ng
site and let the reseller know. It is advisable that you adopt similar or
stricter policies than ours. Our Subscribers may use and/or modify a copy of
our TOS for use on their website(s).
IV) NETWORK PERFORMANCE
By using our service you agree to ab=
ide
by this policy. Our services operate on shared resources. Excessive use or
abuse of these shared network resources by one customer may have a negative
impact on all other customers. Misuse of network resources in a manner which
impairs network performance is prohibited by this policy and may result in
termination of your account.
You are prohibited from excessive
consumption of resources, including CPU time, memory, disk space and session
time. You may not use resource-intensive programs which negatively impact o=
ther
customers or the performances of our systems or networks. This may include
certain scripts or forums that put excessive use on the SQL server in a way
which degrades performance for other users. We reserve the right to termina=
te
or limit such activities. Additionally, if your account(s) becomes the targ=
et of
denial-of-service (DOS or DDOS) or other malicious attacks against the serv=
er,
we reserve the right to end your service. Accounts may not be used as a
download distribution point for your bundled software. They are to be used =
for
standard web practices only. This means that all content stored on an accou=
nt
must be used for “normal” website use. “Un-normal”
usage is anything that a shared server would not be able to provide under
standard circumstances. If your account requires resources that are not abl=
e to
be provided by a shared server, we may require you to rent a dedicated serv=
er.
If you are unsure of whether your account may violate this policy, please
contact us prior to subscribing.
V) PAYMENT POLICY
By using our services you agree to t=
he
following payment policy and instructions.
Refunds: We offer a seven-day money-=
back
guarantee. If during the first seven days after subscribing you are unhappy
with the service you may submit a refund request. Any such request must be =
made
in writing and must be made before the end of seven days from the moment yo=
ur
initial payment was made. In such case your payment will be refunded (less =
any
set-up fees or special costs) and your account will be deleted from our net=
work
upon refunding. The seven-day money-back guarantee only applies to the first
payment made on a new account. After the initial seven-day period, no refun=
ds
will be made at any time for the first payment on a new account. Trial peri=
od
is only available on the first account activated with us and is not availab=
le
for each additional account you open and/or activate. All subsequent paymen=
ts
made to us are absolutely non-refundable. If you dispute a charge to your
credit card issuer or take any action that results in a payment being rever=
sed
that, in our sole discretion is a valid charge under the provisions of the =
TOS,
you agree to pay us an "Administrative Fee" of $100.
Payment/Subscription: Establishment =
of
this service is dependent upon receipt by the Company of payment of stated
charges. We require that all Subscribers use an automatically recurring pay=
ment
subscription through a payment processor (currently Paypal.com or
2checkout.com). Your recurring subscription must remain active at all times=
for
your account to remain activated. If a subscription becomes inactive and/or=
is
cancelled, we will suspend the account and issue a warning to the Subscribe=
r to
their email address on file. If the subscription is not rectified within 7-=
days
of the warning we will delete the account from the server. If it is a resel=
ler
account we will also delete any domains “under” the primary
account. Such termination or denial will not relieve Subscriber of
responsibility for the payment of all accrued charges, plus reasonable inte=
rest
and any collection fees. We may allow some users to purchase our services w=
ith
a one-time payment or subscription that is not automatically recurring. Any
such allowance does not forfeit our right to require any such user to activ=
ate
a recurring subscription at any time.
Cancellation: All cancellations must=
be
made by the subscriber by canceling their recurring subscription. We will n=
ot
comply with verbal or written requests to cancel accounts. It must be done =
by
canceling the subscription with the payment processor. Upon notification th=
at a
subscription has been cancelled we will delete the Subscriber’s accou=
nt
from the server. We will not wait until the end of any advertised or percei=
ved
billing cycle, and we will not refund any unused portions of any subscripti=
on
payment. We require that a recurring subscription be active at all times and
will therefore delete the account upon termination of the subscription.
Service Rates: Subscriber acknowledg=
es
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 i=
ts
suppliers.
VI) GENERAL OPERATIONS
By using our service you agree to the following
policy and limitations pertaining to our services.
Uptime: Subscriber acknowledges that=
the
service provided is of such a nature that service can be interrupted for ma=
ny
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 aris=
ing
from such causes. In no event shall the Company be liable for any special or
consequential damages, loss or injury. Although many of our own network
providers guarantee an uptime of 99% or more, we make no
guarantees about uptime performance because we realize there are influencing
factors that are outside of our control, and in most cases even outside the
control of the data centers and network providers we work with.
Support Boundaries: We provide techn=
ical
support to our Subscribers. We limit our technical support to our areas of
expertise. We provide support related to your account or virtual site’=
;s
physical functionality. We do not offer tech support for application specif=
ic
issues such as cgi programming, html, or any ot=
her
such issue. We do not provide technical support for your customers, unless =
an
outsourced support subscription has been purchased. We provide a variety of
support information and options to our Subscribers. These support options c=
an
be found on the support page of our website.
Abuse of Our Staff or Network Staff:
Abuse towards our staff or our network staff will not be tolerated. If you =
use
foul language, threaten us, or do anything we find offensive, we may suspend
and/or delete your account. Per our payment policy we offer no refunds.
Internet Protocol (IP) Address
Ownership: If we assign a Subscriber an IP address for the Subscriber's use,
the right to use that IP address shall belong only to us, and Subscriber sh=
all
have no right to use that IP address except as permitted by us in our sole
discretion in connection with the services. We shall maintain and control
ownership of all IP numbers and addresses that may be assigned to Subscribe=
r by
us, and we reserve the right to change or remove any and all such IP numbers
and addresses, in our sole and absolute discretion. Our allocation of IP
addresses is limited by the policies set forth by ARIN (American Registry f=
or
Internet Numbers). These policies state that use of IP addresses for IP-bas=
ed
virtual hosts will not be accepted as justification for new IP addresses. W=
hat
this means to you is that you must use name-based hosting where possible. We
will periodically review IP address usage, and if we find that clients are
using IP addresses where name-based hosting could be used, we will revoke
authorization to use those IP addresses that could be used with name-based
hosting.
Bandwidth and Disk Usage: Subscriber
agrees that bandwidth and disk usage shall not exceed the quota for the
services ordered by Subscriber on the order form (the "Agreed
Usage"). We will monitor Subscriber's bandwidth and disk usage. We have
the right to take corrective action if Subscriber's bandwidth or disk usage
exceeds the Agreed Usage in our sole discretion. Such corrective action may
include the assessment of additional charges, or disconnection or
discontinuance of the service. If we take any corrective action under this
section, Subscriber shall not be entitled to a refund of any fees paid in
advance prior to such action.
VII) VIOLATION REPORTING
By using our service you agree to re=
port
violations of the TOS to us. Anyone who believes that there is a violation =
of
our TOS should direct such information to us by email immediately. If
available, please provide the following information:
The IP address used to commit the
alleged violation
The date and time of the alleged
violation, including the time zone or offset from GMT
Evidence of the alleged violation
E-mail with full header information
provides all of the above, as do system log files. Other situations will
require different methods of providing the above information. We may take a=
ny
one or more of the following actions in response to complaints:
-Issue written or verbal warnings
-Suspend the Subscriber's newsgroup
posting privileges
-Suspend the Subscriber's account
-Terminate the Subscriber's account<= o:p>
-Bill the Subscriber for administrat=
ive
costs and/or reactivation charges
-Bring legal action to enjoin violat=
ions
and/or to collect damages, if any, cause by violations
VIII) VIOLATION PROCEDURES
By using our services you understand=
and
agree with the following procedures and policies.
We are under no duty to look at each
Subscriber's or user's activities to determine if a violation of the TOS has
occurred, nor do we assume any responsibility through our TOS to monitor or
police Internet-related activities.
First violation: Any Subscriber, whi=
ch
we determine to have violated any element of the TOS, shall receive an emai=
l,
warning them of the violation. The service may be subject at our discretion=
to
a temporary suspension pending a Subscriber's agreement in writing, to refr=
ain
from any further violations.
Second Violation: Subscribers that we
determine to have committed a second violation of any element of this
Acceptable Use Policy shall be subject to immediate suspension or terminati=
on
of service without further notice.
Suspension of Service or Cancellatio=
n:
We reserve the right to suspend network access to any Subscriber if in the
judgment of the network administrators the customer's account is the source=
or
target of the violation of the TOS or for any other reason which we choose.=
If
inappropriate activity is detected, all accounts of the Subscriber in quest=
ion
will be deactivated until an investigation is completed. Prior notification=
to the
Subscriber is not assured. In extreme cases, law enforcement will be contac=
ted
regarding the activity.
IX) MISCELLANEOUS PROVISIONS
Indemnification: In agreeing to the =
TOS,
Subscriber indemnifies us for any violation of the TOS that results in loss=
to us
or the bringing of any claim against us by any third-party. This means that=
if
we are sued because of a Subscriber's or a customer of a Subscriber's activ=
ity,
the Subscriber will pay any damages awarded against us, plus all costs and
attorney's fees.
Contact Information: You must provid=
e us
with, and keep current, good contact information for yourself including an
E-mail address and telephone number. If we fail to communicate any informat=
ion
to you due to a non-current, inoperative, or incorrect email address you are
still responsible and accountable for any such information we attempted to
communicate.
Waiver: A waiver by the Company of a=
ny
breach of any provision of the TOS 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.
Assignment: Subscriber shall not
transfer or assign the TOS without the prior written consent of the Company.
Company may assign the TOS at anytime without consent from or notice to
Subscriber. Company reserves the right to cancel Subscriber’s rights
under this contract at any time without further obligation.
3rd Party Disclaimer: We take no
responsibility for any material input by others and not posted to our websi=
te
by us. We are not responsible for the content of any other websites linked =
to
us; links are provided as Internet navigation tools only. We disclaim any
responsibility for any such inappropriate use and any liability to any pers=
on
or party for any other person or party's violation of this policy.
Disclaimer of warranties: We are not
responsible for any damages your business may suffer. We do not make implie=
d or
written warranties for any of our services. We deny 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 caused by us.
3rd Party Software and Services: We =
may
provide you access to third party software and/or services ("Third Par=
ty
Products ") through reseller relationships we have established with
certain commercial vendors. Subscriber understands that product support for
Third Party Products is provided by us and not by the Third Party Vendor,
unless otherwise notified. Neither us nor any Th=
ird
Party Vendor makes any representations or warranties, express or implied,
regarding any Third Party Products. Subscriber expressly acknowledges and
agrees that use of third party products is at customer's sole risk and such
third party products are provided "as is" and without representat=
ion
or warranty of any kind from us or any third party vendor, including without
limitation, any implied warranty of merchantability, fitness for a particul=
ar
purpose, accuracy or completeness of responses or results, correspondence to
description, or non-infringement of third party rights. To the maximum exte=
nt
permitted by applicable law, neither us nor any =
third
party vendor will be legally responsible for any damages, whether direct,
indirect, or consequential, arising from the use or inability to use any th=
ird
party product. Subscriber agrees to observe the terms of any license and/or
applicable end-user subscriber agreement for third party products and that
customer shall be fully liable to third party vendors and us with respect to
any improper use of such third party products or violation of license
agreements with them and/or applicable end user subscriber agreements.
Subscriber agrees not to remove, modify or obscure any copyright, trademark=
or
other proprietary rights notices that appear on Third Party Products or tha=
t
appear
during the use of Third Party Products. Subscriber further agrees not to
reverse engineer, decompile, or disassemble the Third Party Products.
Revisions to the TOS: We reserve the=
right
to revise, amend, or modify the TOS at any time and in any manner. In such =
case
the amended or revised TOS will be posted to our website. Subscriber
understands that changes to the TOS shall not be grounds for early contract
termination or non-payment.
Location and Severability: The TOS s=
hall
be construed in all respects in accordance with the laws of the State of
Michigan. If any part of the TOS is found to be invalid or unenforceable by
law, the remainder of the TOS will remain enforceable and in full effect.