Thursday, September 09 2010

   
 
 
 
      
 
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Fees
Access Restriction
FTP Access
General Membership Terms
Premier Member Terms
e-Store Terms
Demo Terms
Email & Content Terms
General Terms
Billing Terms
Product & Pricing Specifications


This agreement (the "Agreement") is by and between Shared Network Services (hereafter referred to as "Sharednet") at 6507 Pacific Ave., Suite 215 Stockton, CA 95207 and Customer (the "Member") and as named above and below, for the provision by Sharednet for electronic content hosting, online scheduling and related computer networking services hereafter referred to as the "Service," as more particulary described below and in the appropriate referenced materials. These online terms are to be considered the most current terms, as referenced from various print and online materials.

This Agreement provides the terms and conditions governing the use of the Membership service on the Sharednet Web Sites (1stpage.com, 1stlook.com, sharednet.com, schedule.sharednet.com) hereafter collectively referred to as the Sharednet Sites.

Membership on the Sharednet Sites provides registered Members with a suite of services and/or content. Sharednet may at its sole discretion add or delete features without notice. Sharednet supports dissemination of Member's electronic hypermedia content to the public through Sharednet Web Servers and the global Internet. Content may include advertisement, product information, announcements, news, software, electronic commerce applications, email, fax, Internet telephony, online scheduling or electronic exhibitions of various types, collectively called the "Content." By registering as a Member you agree to use all Sharednet Sites in a manner consistent with the terms and conditions discussed below.

Member represents and warrants that he/she has read this document, its associated materials and that he/she has full authority to accept the terms and conditions of this agreement. In relation to the Children's Online Privacy Protection Act of 1998, we only offer our service to customers 18 years or older. Please review our Privacy Policy for more information. Usage shall also constitute acceptance.

FEES Some products and services available through or in connection with Sharednet.com require that you purchase a subscription or otherwise pay a fee. You hereby authorize Sharednet to charge your agreed upon and/or preferred billing method including credit card, local telephone billing, ACH, and direct invoice in advance for all applicable fees incurred by you or on your behalf in connection with your use of the Sharednet product or service you have chosen to use. You shall be solely responsible for all charges, fees, duties, taxes, and assessments arising out of your use of Sharednet services. Sharednet reserves the right to modify the fees charged for Sharednet products and services from time to time, provided that such modifications shall not take effect earlier than thirty (30) days after Sharednet posts such modifications on the Sharednet Web site. Sharednet is not required to refund directly to you any amounts paid hereunder. It is your responsibility to notify Sharednet if your credit card has expired and to make changes or your service may be disconnected or interrupted.

The following is a list of Products and Services that may have a one time setup fee(s) and monthly fee(s) associated with them:

Basic Package
Premier Package
PremierPlus Package

ACCESS RESTRICTION
Sharednet reserves the right to deny in its sole discretion any user access to Sharednet.com or any portion thereof without notice. You are responsible for safeguarding the confidentiality of your password(s) and user name(s) issued to you by Sharednet, and for any use or misuse of your account or Sharednet resulting from any third party using a password or user name issued to you.

FTP ACCESS
By utilizing FTP Access to customer's web site, customer acknowledges that any changes or mistakes made while modifying web site by customer, or other users that are authorized access, are customer's sole responsibility, and Shared Network Services (SNS) will not be held responsible for those changes. Any requests made of Sharednet to fix a problem created by my FTP Access to the web site will be billed to my company at the minimum rate of $100.00 for the first hour and at $90.00 for every hour thereafter.

Customer accepts full responsibility for all changes initiated by customer to customer's web site and agrees to pay the charges listed above if requesting help from Sharednet.

GENERAL MEMBERSHIP TERMS
1. MEMBER USE ONLY. This service is for Member's exclusive use in relation to Member's organization only and the content is made available to the global Internet.

2. REGISTRATION DATA. In consideration of use of the Service, you agree to provide Sharednet current, complete and accurate registration information (the "Registration Data") as prompted by the Service, and to maintain and update the Registration Data as required keeping it current, complete and accurate. You understand the Service is supported by advertising, and you grant Sharednet the right to disclose the aggregate Registration Data to third parties in connection with marketing the Service. In cases where you choose to receive services from third parties associated with Sharednet, you grant Sharednet the right to disclose your individual Registration Data to those third parties in order to fulfill service offers. You also understand that third party service providers have individual policies towards the privacy of customer information which may differ from those stated herein. Furthermore, Sharednet may itself use your individual Registration Data to provide targeting of advertisements and other Service offers.

3. OUR 30 DAY UNCONDITIONAL SATISFACTION GUARANTEE. (Disclaimers of Warranty; Limitation of Liability) Sharednet offers a money back guarantee on each Member paying for Service. If you are not completely satisfied with our service within the first 30 days, you may cancel this agreement in writing to Shared Network Services, 6507 Pacific Ave., Suite 215 Stockton, CA 95207. In the event of such termination, said Member will receive a full refund of any amounts paid pursuant to this agreement, less any one-time setup fees, design fees, domain name registration fees or any other fees that are clearly, in nature, a one-time fee.

After the initial 30-day period, all services provided to Member by Sharednet shall be deemed accepted upon receipt. Any claim related to such services must be initiated and acted upon i.e. termination within the first 30 days. Monthly, quarterly, semi-annual and annual prepaid accounts are not refundable for any reason including termination and/or cancellation unless cancelled within the first 30 days and cancellation penalties and/or fees may apply.

4. COPYRIGHT & TRADEMARK MATERIAL. Members and wholesalers agree that Sharednet owns all right title and interest in the Sharednet trade names, service marks, inventions, copyrights, software and know how relating to the design and functionality of the Sharednet systems necessary to host member services as detailed in this agreement and the Wholesale Services Agreement (referenced and incorporated herein).

All material on the Sharednet Sites, including without limitation, text, software, photos, video, graphics, music and sound are protected by U.S. and international copyright laws, both as individual works and as a collection. The downloading or use of copyrighted material provided by Sharednet or a third party content provider is allowed by Member for personal use. Member may not copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any such copyrighted material in any format, electronic or otherwise. Any material protected by copyright may not be placed on the Sharednet Sites or Member sites without the express permission of the author or owner of the copyright on that material.

COPYRIGHT AND TRADEMARK NOTICES. All contents of the Sharednet Network are: Copyright � 1996 - 2001 by Shared Network Services, LLC and/or its suppliers, U.S.A. All rights reserved.

Sharednet is either a trademark or registered trademark of Shared Network Services, LLC. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved by Sharednet.

5. SERVER PERFORMANCE. All web hosting servers are located directly on multiple, high-speed dedicated connections co-located at the Internet's Network Access Points (NAPs). Web hosting server reserves the right to disconnect any interfering service that it deems disruptive in its sole discretion or that may cause an overload and otherwise degrade the overall performance of its servers on the network. This includes any customer provided CGI, Perl, or other material or software deemed detrimental by and to referenced and incorporated herein. Although Sharednet backs up its servers as a regular part of its internal systems administration, the Service is for Content hosting and display. Member is responsible for providing any storage, backup and archival history support with respect to its Content, whether created by Sharednet, Member or by a third party.

6. SECURITY. Each web hosting server is secure via a SSL encrypted server. The SSL server allows any and all account information to be transmitted to Sharednet securely.

7. PRIVACY. Sharednet considers the Registration Data and the content of all messages to be private. Except as provided in Sections 1 and 2 above, Sharednet will not intentionally monitor or disclose any e-mail message or Registration Data unless required by law. Additionally, you agree to respect the privacy and confidentiality of others. Since Subscriber privacy is a function of your password, Sharednet encourages Subscribers to change passwords frequently and further not to share the password with any third party.

Sharednet reserves the right to distribute aggregated demographic information provided by Members, but will never release the name or other personal information about a Member without the permission of that Member. The exchange between Sharednet and the Member concerning information such as passwords or electronic mail is as secure as possible, given the current state of the Internet. Sharednet encourages Members to change their passwords frequently.

8. TERMINATION OF SERVICE. Sharednet may terminate Membership and any and all information, communications, postings or Member Sites at any time, without notice, for conduct that violates this Agreement or other policies or guidelines set out by Sharednet elsewhere on the Site, including a member's failure to update his or her Web page(s) periodically. Sharednet may terminate Membership and delete any and all information, communications, postings or Web pages for the online conduct that Sharednet believes is harmful to other Members, the business of Sharednet or other third-party information providers.

9. DOMAIN NAMES.
A. DOMAIN NAME FEE. For subdomains of the Sharednet Sites, no registration fees are required. However, the domain name as listed on the Sharednet Sites and all subdomains will remain the property of Sharednet both during and after the Service. As an option, Sharednet will register a unique virtual domain of the Member's choosing, e.g. (www.yourcompany.com) if available through an Internet registration authority who requires a yearly Maintenance Fee on currently registered domain names with other yearly options at the then current rate. Member will assume the administrative responsibilities for the registration fees for Member's domain name which will in turn be billed directly by the Registrar, and Sharednet will order and provide name service, along with an additional administrative fee payable to Sharednet. Each Member can register up to five (5) unique domains (at one time) for a discounted rate if the Merchant is a current paid Member of Sharednet. Each unique virtual domain will be subject to the Maintenance Fee referenced above. Members wishing to transfer existing domains from another service will be assessed a one-time administrative fee. Monthly hosting fees for a single domain will be billed at the then current monthly rate plus any applicable electronic commerce fees as described herein and in the Membership areas referenced above. Multiple domain name Members choosing to host multiple domains with Sharednet will receive separate pricing quotes on an individual case basis.

The following is a list of Sharednet Products and Services that have domain name service associated with them:

Basic Package
Premier Package
PremierPlus Package

B. DOMAIN NAME ALLOCATION AND TRADENAMES/SERVICE MARKS. If the Internet registration authority or other delegated authorities remove allocation or support for any domain, Member agrees not to bring any claims or suits against, or otherwise seek to recover moneys from, Sharednet for any damages, expenses or liabilities caused thereby.

WEB HOSTING SERVICES MEMBER TERMS. Membership is available to any qualified business. Membership requires the business to register all of the required information, provide an accurate, legitimate email address and obtain a unique sign-in (username and password).

Online Registrations may require a one time setup fee (see pricing), unless specific promotions apply.

The Membership may include (based on product package purchased):
Site Manager with build-your-own web site wizards, (25 MB available), unique username and password, unique subdomain, registration of your own web site address (discounted domain name registration), priority directory listing in Sharednet directories, ad free hosting services, 24-hour online administration, live customer service support, images directory, location mapping, web site traffic reports, free Submission to 8 Major Search Engine, coupon listings, receive e-newsletter, free content transfer to domain and domain name parking, free e-Store shopping cart account (10 Items) or email services (See Sharednet Email and Content Terms).

E-STORE (ECOMMERCE TERMS). Sharednet grants each PremierPlus Member that is offering or selling products and services from the Sharednet sites the right to use its e-Store (e-commerce) service and software. e-Store was developed and is offered solely for the purpose of operating the Premier Merchants online store in the Sharednet web site. Members do not have the right to copy or make any other use of any features of the e-Store service or the underlying software. Sharednet may alter its e-Store service at any time.

Each PremierPlus Member operating an online storefront is entitled to add 10 items for no additional monthly cost and is solely responsible for establishing the means for processing credit card transactions (establishing the necessary banking and credit card merchant accounts) and for the distribution, shipping and the delivery of its goods and services. Sharednet does not warrant the accuracy of pricing, merchant's calculations of tax data calculated by or stored in the e-Store service. Each Member is responsible for verifying the calculations of the sales price, the retail price, the shipping cost and the tax data that apply to that Member's business.

Furthermore, each Member is solely responsible for maintaining, checking and validating the accuracy of all product information (including but not limited to product descriptions and pricing) and pricing as it appears in the Member's Sharednet web site whether entered into the system by Sharednet employees or not. Each Member agrees to be solely responsible for the accuracy of the data supplied to Sharednet and will hold Sharednet harmless in the event of an error.

Sharednet provides e-Store, e-commerce software and shopping cart application to Members on an as is basis for a fee. The e-Store can be an addition to a Member Site or a standalone feature. Sharednet makes no representations or warranties of any kind with respect to its merchantability, fitness for a particular purpose and/or non-infringement. Sharednet requires Members using the e-Store and e-commerce application to display its disclaimer where provided. Members may not remove or alter such disclaimer language. (See Sharednet Disclaimer).

DEMO PROMOTION and FREE TRIAL TERMS: Sharednet at times may offer unique promotions of 15 and 30 day Free Trials with no obligation to pay Sharednet for 15 or 30 days respectively from the date of actual registration. Simply click on the Demo or the 30 day Free Trial button placed on the Sharednet Web page(s) and complete the registration process. Sharednet will not process a Member payment prior to the expiration of the applicable Free Trial period. Members that cancel after the first 15 or 30 days respectively will be charged at the then current rate for the setup fee and the first month's hosting services.

EMAIL & CONTENT TERMS
1. SERVICE & MEMBER USAGE CONDUCT.
You agree that you are solely responsible for the content of your messages, and you further acknowledge that Sharednet acts as a passive conduit for the distribution and transmission of data. The Service may not be used in violation of any community standards, laws or regulations of local, state or Federal governments or Agencies thereof, or International treaty. You represent and warrant that the content you provide to Sharednet (a) does not infringe on any third party's intellectual property or proprietary rights, or rights of publicity or privacy (b) is not defamatory, trade libelous, threatening, abusive, pornographic or obscene; (d) does not contain viruses or other similar harmful or deleterious programming routines; and (e) does not contain links to any such sites referenced above.

2. SPAM & BULK EMAIL. Sharednet prohibits sending bulk or spam email from its servers. This includes sending such email with a Sharednet (or related) email address as the contact. Doing so is grounds for immediate termination of membership and service. Spamming, as determined by Sharednet in its sole discretion, includes the transmission of any form of email that can be interpreted as junk email or bulk email that recipient has not specifically requested. Sharednet reserves the right to take legal and technical remedies to prevent unsolicited bulk email from entering and remaining in its database. If you violate any aspect of this provision, you may be penalized up to and including loss of the Service and any other remedies available to Sharednet by law.

3. MAIL STORAGE & RETENTION. The Service shall include a maximum of 10 megabytes of free email storage per Member. Any individual email message larger than four (4) megabytes may or may not be processed, at Sharednet's sole discretion. All email received by Subscriber that remains unread in any Subscriber folder for more than sixty (60) days may be deleted and will be unrecoverable.

PERSONAL USE. You acknowledge that your right to use the Service is personal to you. You agree not to resell or make any commercial use of the Service without the express written consent of Sharednet and you agree to be fully liable for the use of your account, including any unauthorized use of your account by a third party.

CONTENT POLICIES. Sharednet provides Member Sites and Services and the associated storage space in the dedicated Membership area as a service to Members. We encourage the free exchange of ideas but have established the following parameters for the Member Web page building service and guidelines for any content placed on those pages. Sharednet is not responsible for the content of any Member home page. The views expressed in the Membership area of Sharednet are the responsibility of the posting Member and not Sharednet.

The Service may provide, or third parties may provide, links to other Internet sites or resources. Because Sharednet has no control over such sites and resources, you acknowledge and agree that Sharednet is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources.

ADDITIONAL NON-EXCLUSIVE LIST OF ACTIONS AND CONTENT NOT PERMITTED ON THE SITE, IN SURVEYS, CHAT ROOMS AND MESSAGE BOARDS. Pages that exploit the images of children under 18 years of age. Material that is grossly offensive to the Sharednet Community, including clear expressions of bigotry, racism or hatred. Pages that promote illegal activity. Material that defames, abuses or threatens an individual and/or a business. Pages that contain material inconsistent with the values of the spirit of the Sharednet Community, including: gambling, nudity, sex, pornography, foul language, hate propaganda (based on race, color, sex, religion, national origin, sexual orientation, ancestry, political belief or activity), Mpeg layer two or three files, anything illegal, mail fraud, pyramid schemes, spam addresses, insults to individuals or companies. This includes anything considered to be adult material. Use of a Member Web page as storage for remote loading unless previously approved. Advertising of any form of commercial solicitation (Chat Rooms & Message Boards only). Any use of copyrighted material without the express permission of the author or owner. Making available copyrighted software which has been "cracked" - i.e. the copyright protection has been removed from the software. Making available serial numbers for software which can be used to illegally validate or register software. Making available tools, which can be used for no purpose other than for "cracking" software (this does not include tools which have legitimate uses for software developers and system administrators).

If Sharednet becomes aware of the presence of any infringing material on its server either in the course of its ordinary and reasonable business activities, or through notification by a third party who alerts Sharednet preferably by certified mail or email customerservice@sharednet.com, of the specific location of the alleged presence of such materials, Sharednet will contact the Member responsible for the page and alert him or her of the allegations of infringement and notify the person that within five days he or she must respond as to why the allegedly infringing material does not infringe the purported copyright. Sharednet will also alert the Member that absent such a response, Sharednet reserves the right to delete the page(s). If the Member fails to respond within five days, Sharednet will make a decision whether to remove the page(s). If the alerted party responds to the allegations and claims the page is not infringing, Sharednet will either forward the response to the third party alleging the infringement, or in the case Sharednet has discovered the infringement, make a decision whether to remove the page(s). If at its sole discretion, Sharednet concludes that one of its Member pages contains a particularly egregious copyright violation, Sharednet reserves the right to delete the offending page(s) at any time.

Failure to abide by these guidelines is grounds for removal of that page and termination of Sharednet Membership. Certain survey responses are not always reviewed before appearing on the Site. Chat and Message Board Postings are not reviewed prior to appearing on the Site. Sharednet reserves the right to edit, delete or move any postings.

MEMBER INDEMNITY. MEMBER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS SHAREDNET AND ITS SUBSIDIARIES, DIRECTORS AND EMPLOYEES, ITS AGENTS AND SUBCONTRACTORS, AGAINST ANY AND ALL ALLEGATIONS, CLAIMS, EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES), LIABILITY OR SUITS THREATENED, MADE OR BROUGHT IN RELATION TO OR ARISING FROM A SHAREDNET OR MEMBER DESIGN, CREATION, PROVISION OR USE OF INFORMATION AND TECHNOLOGIES IN ITS CONTENT, INCLUDING BUT NOT LIMITED TO, ANY RELATED COPYRIGHTS, TRADE SECRETS, TRADE NAMES, PATENTS, INTELLECTUAL PROPERTY RIGHTS OR OBSCENITY LAWS IN ANY COUNTRY OR JURISDICTION IN WHICH THE CONTENT CAN BE VIEWED OR RETRIEVED. THIS EXPRESSLY INCLUDES: (I) MEMBER'S RESPONSIBILITY FOR ANY AND ALL LIABILITY ARISING FROM THE VIOLATION OR INFRINGEMENT OF PROPRIETARY RIGHTS OR COPYRIGHTS AND (II) ANY LIBELOUS OR UNLAWFUL MATERIAL CONTAINED WITHIN MEMBER WEB PAGES, RESUMES, PROFILES OR POSTINGS.

NO WARRANTIES. NEITHER SHAREDNET NOR ITS DIRECTORS, EMPLOYEES, AGENTS OR SUBCONTRACTORS WARRANT ANY CONNECTION TO, TRANSMISSION OVER, NOR RESULTS OR USE OF, ANY NETWORK CONNECTION OR FACILITIES PROVIDED (OR FAILED TO BE PROVIDED) UNDER THIS AGREEMENT. MEMBER IS RESPONSIBLE FOR ASSESSING HIS/HER OWN COMPUTER AND TRANSMISSION NETWORK NEEDS, AND THE RESULTS TO BE OBTAINED THEREFROM. USE OF ANY INFORMATION OBTAINED THROUGH THIS SERVICE IS AT MEMBER'S RISK. THE SERVICES REFERENCED HEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS OF THE SERVICE FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, WHICH YOU OBTAIN FROM SHAREDNET OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

LIMITATION OF LIABILITY. EXCEPT AS EXPRESSLY PROVIDED HEREIN AND EXCEPT FOR THE INDEMNITY PROVISION OUTLINED ABOVE, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOSS, DAMAGE, LIABILITY, CLAIM OR EXPENSE ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR THE PROVISION OF THE SERVICE OR RELATED INFORMATION, HOWEVER CAUSED, WHETHER GROUNDED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR THEORY OF STRICT LIABILITY. IN NO EVENT SHALL SHAREDNET BE LIABLE TO MEMBER FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN RELATION TO THIS AGREEMENT.

GENERAL TERMS. Member may not sell, transfer, or assign this Agreement, except to entities completely controlling or controlled by that party, without the prior written consent of SNS. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement will remain in full force and effect. This Agreement represents the complete agreement and understanding of the parties with respect to the subject matter herein, and supersedes any other agreement or understanding, written or oral. In the event of any conflict arising between Member's purchase order terms and this Agreement, this Agreement shall take precedence. This Agreement may be modified only in writing signed by both parties. This Agreement shall be governed by the substantive law of the State of California.

Sharednet and third-party content providers make no guarantee of the accuracy, correctness, or completeness of any information on the Site and are not responsible for (i) any errors or omissions arising form the use of such information; (ii) any failures, delays, or interruptions in the delivery of any content or services contained within the Site; or (iii) losses or damages arising form the use of the content or services provided by the Site.

Sharednet Disclaimer: Sharednet rejects and disclaims all such representations and warranties, express or implied, including the merchantability and/or fitness for any particular product, service and/or purpose regarding the content or offers made on this site. Information, including pricing and product descriptions, provided on this site, is subject to change without notice. Sharednet makes no warranties of any kind expressed or implied, for services provided, and Sharednet reserves the right not to honor any erroneous pricing of products or services hosted or displayed on this site.

BILLING TERMS
1. SERVICE COMMENCEMENT AND FEES.
Service commencement is initiated on the basis of the receipt of a completed order, online registration, service estimate and/or a third party verification (affidavit or voice recording) and begins on the date the Customer's Service first is up and available on the Internet. Member understands and agrees that the service provided by Sharednet is billed in advance and represents a full month service billed, plus any applicable one time setup fee at the then current rate. Current monthly charges or unused portions of term agreements are not prorated upon cancellation. Member agrees to pay all fees incurred by Member that are billed to Member via credit card, local telephone company, electronic check draft, and/or direct billing (herein after referred to as the "Billing Method"). Direct billing can be initiated with a minimum of a Quarterly Term Agreement paid in advance. Each Member is provided a unique username and password for use as a Member. Sharednet reserves the right to adjust any one time setup fees and hosting fees from time to time.

To maintain a fee based Membership, Member accounts must remain current. All Memberships are prepaid. Payment is due within (10) days of the Membership establishment date (the date the site is published to the Internet/Telnet date). Each account is assigned to a specific billing cycle that is based on the Telnet date and will be billed once monthly accordingly, every 90 days for accounts billed quarterly, every 120 days for accounts billed semi-annually and every three hundred and sixty five (365) days for accounts billed annually. All one time setup fees are billed at the time the order is placed and are not refundable.

Billing is automated to the Member's Billing Method (as available and applicable), and the Member agrees to pre-authorize Sharednet to charge the then current hosting fees to their then current available Billing Method. Members who cancel their accounts, their credit cards or whose credit cards expire without providing other account information for billing will be terminated until all fees are paid. E-commerce, applications, coupons and other paid Services may be disabled in this process without notice. Suspension or termination of service does not release Member from paying any past due amounts and ongoing charges. A written request to terminate your service will only relieve you of future account charges. It does not relieve Member of any past charges. At no time will Sharednet prorate its final charges. In the event that Sharednet should receive less than its invoice amount, Sharednet will re-bill those charges directly to Member. Sharednet reserves the right to apply late fees and penalties for past due amounts at the rate of (1 1/2 % per month) and Member agrees to pay Sharednet reasonable expenses, including attorney's fees and costs of collection incurred, to enforce its rights hereunder. Both parties agree that the pricing for services to be provided are established by Sharednet and the Member at the time of the initial signup and as detailed in the Pricing Specifications posted on this Web Site. Premier Member agrees that if he/she received special discounts or pricing in consideration for term agreements that Premier Merchant will be liable for all fees left unpaid for the term of the agreement.

2. CHANGES TO SERVICE. Sharednet Service offerings, pricing and network capabilities are expected to change from time to time. Sharednet reserves the right to change any service or feature of any service offered or its system(s) without notice, including changes to access and use procedures, pricing and system hardware and software.

3. TERM / EXTENSIONS / TERMINATION. A. INITIAL TERM, DISCOUNTED TERMS AND EXTENSIONS. This Agreement shall extend from the date authorized until either thirty (30) days or the specified number of days in the selected discount term and shall be subject to such thirty (30) day monthly terms or selected discount terms as Member authorizes through continuing use of the Service. Service rendered beyond each term will be subject to continued relevant fees and monthly and/or term payments. Relevant fees refers to the price of the Service terms at the date of renewal factored at the then current price listed in the Pricing Specifications. B. TERMINATION.
  (1) BY SHAREDNET FOR NON-PAYMENT.
After thirty days (30) days of non-payment from the Sharednet invoice due date, the Service may be disabled. To re-enable Service, repayment of the Service setup fee will be required. Termination for non-payment does not relieve the Member's obligations under this Agreement, including, but not limited to, its obligation to pay fees up to the date of termination.
  (2) BY SHAREDNET WITH NOTICE. Upon thirty (30) days notice, Sharednet may terminate the Service at its discretion. If
Member is using a unique domain name for the Service and contracts with a new service provider, Sharednet shall make reasonable efforts to work with the new service provider to transition support for this domain name.
  (3) BY SHAREDNET WITHOUT NOTICE. Should Member's Content be in violation of any rules or guidelines established by Sharednet (referenced below and on the Sharednet Sites) or other applicable international, federal, state or local regulation or statute, or community standard, or in response to complaints or legal actions (whether or not final), Sharednet may terminate the Service without notice to Member, and may provide a refund to Member of any unused Service fees, provided there is no breach of contract. Sharednet will under no circumstances prorate service fees for this purpose. If Member is using a unique domain name for the Service and contracts with a new service provider, Sharednet shall make reasonable efforts to work with the new service provider to transition support for this domain name.
  (4) BY EITHER PARTY FOR CONVENIENCE. After the specified initial term of Service, the term shall be renewed for a like term and Service may be terminated for any reason by either party upon thirty (30) days prior written notice. (a cancellation fees may apply)

 
 
 

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