|
Collaboration Online, Limited
Company (" Collaboration
Online ") Terms of Service:
Service
By visiting this Web site and/or using or purchasing goods and/or
services from or through this Web site, you agree to be subject
to the terms and conditions set forth herein and all applicable
laws. We reserve the right to revise these terms and conditions
and any product offerings or pricing at any time.
This offer is expressly conditioned
upon your acceptance of these Terms of Service ("Terms").
Your use of or access to services provided by Collaboration
Online, Limited Company constitutes your Agreement to these
Terms, as in effect from time to time. This offer and your
acceptance thereof represents the entire agreement between
you and and Collaboration Online, Limited Company supersedes
any and all other communications, prior, contemporaneous or
subsequent, and any course of performance or course of dealing,
except as modified by revisions of this posting by Collaboration
Online, Limited Company or by written agreement by an authorized
officer of Collaboration Online, Limited Company (provided,
however, that any such revised posting shall take effect prospectively
from the date of the posting.) The Terms and the relationship
between you and Collaboration Online, Limited Company shall
be governed by and interpreted in accordance with the laws
of the Commonwealth of Massachusetts, United States of America,
without reference to its principles of conflicts of law. Collaboration
Online, Limited Company reserves the right to send notices
to its customers of changes to the Collaboration Online, Limited
Company Privacy Statement or these Terms of Service, or of
any material changes affecting their service.
It is your responsibility to keep Collaboration Online, Limited
Company notified of any changes to your e-mail address or other
contact information to assure that customers receive all such
notices from Collaboration Online, Limited Company. Billing and
contact information can be updated directly through the Collaboration
Online, Limited Company Control Panel or by contacting Collaboration
Online, Limited Company's Support department at Support@groupSPARK.com.
If your account is suspended due to non-payment, for any reason,
you will be required to pay the entire balance due plus an
additional 6.5% of the total balance due prior to your account
being re-enabled.
Customers are responsible for keeping
billing information up to date. Collaboration Online, Limited
Company reserves the right to suspend an account if, for any
reason, we are not able to process payment through the credit
card or payment is outstanding. You can review and correct
information through the "Edit
Billing Details " link in the Control Panel.
If a check received by us for payment is returned for any reason,
Collaboration Online, Limited Company reserves the right to suspend
or cancel service until the payment plus a $35.00 returned check
fee, has been received by us. Collaboration Online, Limited Company
reserves the right to accept only US Postal money orders as payment
if any check is returned for any reason. We may also require
that you pay by credit card for future payments.
Refund and Cancellation Policy
Unless specifically noted otherwise for the service that you
signed up for, you are free to cancel your service at any time.
If you purchase a service that includes a 30-day trial, you
are allowed to make full use of the service after signup. If
you decide to cancel such service for any reason, you must send
an e-mail within 30 days of your signup date to Support@groupSPARK.com and
we will reply to your email with a form in order to verify your
identity; once we receive the completed form, we will cancel
the service within one business day and you will not be charged
any setup or recurring fees. However, if you do not cancel during
this 30-day trial period, then you will be obligated to pay all
fees that you have incurred from the signup date until your cancellation
date.
If you purchase a service that includes a 30-day money-back
guarantee, Collaboration Online, Limited Company will refund
all monthly fees previously paid by you upon your request. The
30-day money-back guarantee refers to credit-card payments only.
Due to the costs associated with processing payments made by
check and Western Union, we are not able to offer the 30-day
money-back guarantee for customers who utilize these payment
methods.
Set-up fees, fees for products not included in your service
- such as domain names - and monthly charges incurred after the
first 30 days are not refundable.
If you select the quarterly or annual payment option and choose
to cancel your account, after the first 30 days you may be eligible
for a partial refund. Collaboration Online, Limited Company will
charge you the current monthly rate for the months you were a
customer and refund any balance. Your refund will generally be
made in the same form of payment you choose to use when paying
for your service (e.g., credit card, check or Western Union).
The terms and conditions, Terms of Service, product offerings
and pricing are subject to change at any time, without notice
User Data
Pursuant to Collaboration Online, Limited Company's Privacy
Statement, Collaboration Online, Limited Company may disclose
to third parties certain aggregate information contained in your
Registration Data or related data, provided that, such information
will NOT include personally identifying information, except as
specifically authorized by you or in the good faith belief that
such action is reasonably necessary to comply with the law, legal
process, to enforce the Terms, or under any of the other circumstances
set forth in the Collaboration Online, Limited Company privacy
policy, as may be amended from time to time.
Collaboration Online, Limited Company Service and Content
Collaboration Online, Limited Company
services may only be used for lawful purposes. Transmission
or solicitation of any material that violates United States
Federal, State or other laws that may apply in this jurisdiction
or your local area is prohibited. This may include material
that is obscene, threatening, harassing, or libelous, promotes
gambling, or is in any way a violation of intellectual property
laws. No material may be stored on or transmitted through any
servers hosted by Collaboration Online, Limited Company that
would commonly be considered "indecent" or "appealing
to the prurient interest" also commonly referred to as "adult" material,
nor will any links to such Web sites be tolerated within the
content hosted by Collaboration Online, Limited Company.
Reseller Program
Resellers who sign up clients to become customers of Collaboration
Online, Limited Company are subject to the following additional
terms: By signing up a customer to Collaboration Online, Limited
Company, the Reseller agrees both on behalf of such reseller
and on behalf of each customer signed up by such reseller, to
Collaboration Online, Limited Company Terms of Service as in
effect from time to time. In the event any customer site is determined
by Collaboration Online, Limited Company to be in violation of
these Terms of Service, Reseller shall upon receipt of notice
from Collaboration Online, Limited Company to such effect, take
prompt steps to remedy such situation, so that the site is in
full compliance with these terms of Service as determined by
Collaboration Online, Limited Company.
Collaboration Online, Limited Company is not responsible for
the actions, or misrepresentations of resellers. Reseller hereby
agrees to indemnify Collaboration Online, Limited Company from
and against any and all claims made by any such customer which
result from Reseller's misrepresentation, breach of these Terms
of Service or other improper actions of such reseller. Collaboration
Online, Limited Company reserves the right to revise its reseller
program and these Terms of Service at any time. Changes shall
take effect when posted to this site by Collaboration Online,
Limited Company.
Customers who have been signed up by such resellers hereby agree
to operate their web sites in accordance with these Terms of
Service as in effect from time to time.
Reseller assumes all responsibility for the billing and technical
support for each customer signed up by such reseller. Collaboration
Online, Limited Company reserves the right to refuse any inquiry
made to technical support by each customer signed up by any reseller.
Spam Policy
Due to strict SPAM prevention policies implemented by 3rd party
e-mail systems (such as AOL and Hotmail) and our mission to provide
reliable e-mail service to our customers, we have a strict policy
of zero-tolerance towards any e-mails sent out by a customer
that may jeopardize our ability to deliver other customers e-mails
to 3rd party mail systems.
Our e-mail hosting service is not designed for sending out large
quantities of e-mail marketing messages. There are 3rd party
companies that exclusively focus on delivering marketing e-mails,
such as http://www.ConstantContact.com , http://www.JangoMail.com ,
and http://www.topica.com.
Please note that we do not recommend any of these companies;
rather they are listed just as examples.
The sending or facilitation of the sending of bulk e-mail of
any kind, other than verifiable, Double Opt-in email is strictly
prohibited. Additionally, such Double Opt-in e-mail must be limited
to a total of 200 e-mails per calendar month across all users
in your account. If you need to send out a larger quantity of
e-mails, then you must use a third-party e-mail marketing service
such as one listed above. Double Opt-in means that when the user
enters their email address on your website, they are sent an
email CONFIRMING the opt-in, requiring them to click a LINK to
verify that they opted in for your mailing. You may not mail
to that email address unless they have confirmed the opt-in.
At any time, upon Collaboration Online, Limited Company's sole
discretion, you may be required to provide documented proof that
all of your end-users have CONFIRMED an opt-in. This can be done
by storing the IP address, a date-timestamp, and a unique ID
for the confirmation. At its sole discretion, Collaboration Online,
Limited Company will determine from all of the evidence whether
the email recipients were from an "Double Opt-in" email
list and take appropriate action.
Sending unsolicited commercial or bulk
e-mail or any other method of distributing electronic messages
to recipients who have not requested them, otherwise known
as "spam" from our
servers, or sending such e-mail with a Collaboration Online,
Limited Company-hosted Web site listed as the contact address,
or any use of Collaboration Online, Limited Company's services
or systems associated in any way with such mailings is strictly
forbidden. Collaboration Online, Limited Company will immediately
terminate, without any warning, the account of any customer who
conducts these activities. Collaboration Online, Limited Company
also reserves the right to remove customers who send mass/spam
news postings, as well as any accounts advertising or distributing
software or services that may contribute to news or e-mail spamming.
Collaboration Online, Limited Company reserves the right to report
such violations to the proper government authorities, as well
as Internet service providers, and Internet control organizations.
To report spam, please forward the spam with all original headers
to support@groupSPARK.com.
It is a violation of these Terms for you to misuse or fraudulently
use credit cards, charge cards, electronic funds transfers, and/or
electronic checks. A determination of such misuse or fraudulent
use shall be in Collaboration Online, Limited Company's sole
discretion. Further, Collaboration Online, Limited Company shall
report, and you shall waive all rights to privacy, to the extent
permitted by law, all such misuses and fraudulent uses as determined
by Collaboration Online, Limited Company in its sole discretion
to appropriate government authorities, credit reporting services,
financial institutions and credit card companies.
It is a violation of these Terms for you to attempt to breach
or to breach the security or firewall systems of Collaboration
Online, Limited Company, its Internet access provider, or its
Affiliates. If you become aware of such an attempt to breach
or actual breach, please notify us at support@groupSPARK.com.
Complaints may be investigated by Collaboration Online, Limited
Company but Collaboration Online, Limited Company is under no
obligation to act or not act with regards to any complaint. Any
action taken on a complaint will be at the sole discretion of
Collaboration Online, Limited Company. Notice of attempts to
breach or actual breaches of such security or firewall systems
should be directed to: support@groupSPARK.com.
TERMINATION
Collaboration Online, Limited Company may terminate this agreement
and your access to any or all Services at any time, with or without
cause, effective immediately. Collaboration Online, Limited Company
shall have no responsibility to notify any third-party providers
of services, merchandise, or information, nor any responsibility
for any consequences resulting from such discontinuance or lack
of notification. Anyone determined by Collaboration Online, Limited
Company to have violated these Terms of Service may be barred
from receiving any services from Collaboration Online, Limited
Company.
You may terminate this Agreement at any time by way of the follow
process: 1) send an email to Support@groupSPARK.com to request
a cancellation form to which we will respond with the form within
one business day, and 2) fill out the cancellation form and send
it back to us. Once we receive your completed cancellation form,
we will cancel all Services and such date will be considered
the date of termination.
Termination, by us or you, does not release you of any past
or current fees owed for Services rendered through the date of
termination.
LIABILITY LIMITATION
YOU AGREE THAT ALL ACCESS AND USE OF
Collaboration Online, Limited Company AND THE CONTENT THEREOF
IS AT YOUR OWN RISK. IN NO EVENT SHALL Collaboration Online,
Limited Company BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES
ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO ACCESS OR USE
(i) Collaboration Online, Limited Company AND/OR ITS CONTENT,
(ii) ANY TOOLS OR SERVICES ON Collaboration Online, Limited
Company, (iii) ANY CUSTOMER CONTENT ON Collaboration Online,
Limited Company'S SERVERS, OR OUT OF ANY ERRORS OR OMISSIONS
IN THE CONTENT THEREOF. YOUR SOLE REMEDY FOR DISSATISFACTION
WITH THIS WEB SITE, SITE-RELATED SERVICES, PRODUCTS, AND/OR CONTENT
CONTAINED WITHIN THE WEB SITE, OR WITH THE EXTENT TO WHICH SUCH
WEBSITES ARE "UP" OR ARE AVAILABLE FOR ACCESS BY YOU
OR OTHER USERS OF THE INTERNET, IS TO STOP USING Collaboration
Online, Limited Company.
WARRANTY LIMITATION
Collaboration Online, Limited Company
AND ITS CONTENT ARE PROVIDED "AS
IS", WITH NO WARRANTIES WHATSOEVER. ALL REPRESENTATIONS
AND/OR WARRANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED OR STATUTORY,
INCLUDING, WITHOUT PARTICULAR LIMITATION TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST
EXTENT PERMITTED BY LAW. ALL CUSTOMERS ACKNOWLEDGE THAT ANY WARRANTY
THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCT AND/OR SERVICE
AVAILABLE THROUGH Collaboration Online, Limited Company IS PROVIDED
SOLELY BY THE OWNER, ADVERTISER, OR MANUFACTURER OF THAT PRODUCT
AND/OR SERVICE, AND NOT BY Collaboration Online, Limited Company.
Severability
If any provision of these Terms should, for any reason, be held
invalid or unenforceable in any respect, the remainder of these
Terms shall be enforced to the full extent permitted by law.
A court of competent jurisdiction is hereby empowered to modify
the invalid or unenforceable provision to make it valid and enforceable.
Waiver Of Jury Trial
Both you and Collaboration Online, Limited Company hereby agree
to waive all respective rights to a jury trial of any claim or
cause of action related to or arising out of these Terms. The
scope of the waiver is intended to be all encompassing of any
and all disputes that may be filed in any court and that relate
to the subject matter herein, including without limitation, contract
claims, tort claims, breach of duty claims, and all other common
law and statutory claims. You and Collaboration Online, Limited
Company each acknowledge that the waiver is a material inducement
for each party to enter into a business relationship, that each
party has already relied on the waiver in entering into these
Terms and that each will continue to rely on the waiver in their
related future dealings. Each party further warrants and represents
that each has had the opportunity to have legal counsel review
the waiver. The waiver is irrevocable, meaning that it may not
be modified either orally or in writing, and the waiver shall
apply to any subsequent amendments, renewals, supplements or
modifications to these Terms. In the event of litigation, these
Terms may be filed as written consent to a trial by court.
Miscellaneous
These Terms shall bind and benefit the successors and heirs
of the parties.
By visiting this Web site and/or using or purchasing goods and/or
services from or through this Web site, you consent to the federal
and state court of the Commonwealth of Massachusetts having jurisdiction
over you.
|
