ChatSpace Chat Server Hosting - Domain Hosting - Web Design and of course Chat

TERMS OF SERVICE (TOS)

IMPORTANT NOTICE: *All Payments To ChatStop Networks Servers Are Non-Refundable*

 ChatStop Networks ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).

 Use of ChatStop Networks Service constitutes acceptance and agreement to ChatStop Networks AUP as well as ChatStop Networks TOS (Terms of Service).

 All provisions of this contract are subject to the TOS (Terms of Service) of ChatStop Networks and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.

  This Agreement shall be construed in all respects in accordance with the laws of the state of Michigan, county of Wayne applicable to contracts enforceable in that state. Venue will be Wayne County, Michigan  

  1. Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition ChatStop Networks shall have the right to terminate all service set forth in this Agreement.
  2. Service Rates: Subscriber acknowledges 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 its suppliers.
  3. Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of service. The above applies to all accounts and services provided by ChatStop Networks.
  4. Payments and Fees: Payment is accepted via PayPal (http://www.paypal.com) only, unless prior arrangements have been made.. Service will be interrupted on accounts that are past due. Service interrupted for nonpayment may be subject to a $30 reconnect charge. Accounts not paid by due date may be subject to a $10.00 late fee. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
  5. Refund and Disputes: All payments to ChatStop Networks are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred.
  6. Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
  7. Account Cancellation: Requests for canceling accounts may be made in writing with at least 14 days notice but not more than 60 days prior notice and sent to: chatmaster@chatstop.net. You must have all account information to cancel.
  8. 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.
  9. New Accounts: All new accounts will be set up and entered into our servers within 3 days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days. If a new domain is registered by the account holder, there will be no handling fee. If the domain is registered by ChatStop Networks on behalf of the account holder a handling fee will be incurred. If the customer cancels service during the setup period for any reason, all charges are considered earned.
  10. Support Boundaries: ChatStop Networks, provides technical support to our current clientele. We limit our technical support to our area of expertise. The following is our guidelines when providing support: ChatStop Networks provides support related to your servers physical functioning. ChatStop Networks does not offer tech support for application specific issues such as cgi programming, html or any other such issue. ChatStop Networks does not provide technical support for YOUR customers. If you can email, we encourage you to email chatmaster@chatstop.net for assistance. If you are able to get online and have other questions, the answers may be on our home page. - We encourage you to check there first. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before calling tech support.
  11. SPAM, Unsolicited Commercial Email (UCE) and Advertising: ChatStop Networks takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE), SPAM and Advertising over our network or on other networks. Very simply this means that customers of ChatStop Networks may not use or permit others to use our network to transact in these activities. Customers of ChatStop Networks may not host, or permit hosting of, sites or information that is advertised by UCE from or to other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP (TCP port 25) connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample bulk email being sent from servers.
    1. Violation of ChatStop Networks SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, ChatStop Networks will initiate an immediate investigation (within 48 hours of notification). During the investigation, ChatStop Networks may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, ChatStop Networks may, at its sole discretion, restrict, suspend or terminate customer's account. Further, ChatStop Networks reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. ChatStop Networks will notify law enforcement officials if the violation is believed to be a criminal offense.
    2. First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that ChatStop Networks personnel must spend to investigate the matter. PLEASE, DO NOT SPAM or Advertise from your account.
    3. As our Customers are ultimately responsible for the actions of their clients over the ChatStop Networks network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
  12. Network IP Address Ownership: If ChatStop Networks assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to ChatStop Networks, and Customer shall have no right to use that Internet Protocol address except as permitted by ChatStop Networks in its sole discretion in connection with the Services, during the term of this Agreement. ChatStop Networks shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by ChatStop Networks, and ChatStop Networks reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses.
  13. System and Network Security: Users are prohibited from violating or attempting to violate the security of the ChatStop Networks Network. Violations of system or network security may result in civil or criminal liability. ChatStop Networks will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

                                                              i.      Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.

                                                            ii.      Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

                                                          iii.      Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".

                                                           iv.      Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

                                                             v.      Taking any action in order to obtain services to which such User is not entitled.

  1. Notification of Violation: ChatStop Networks is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
    1. First violation: Any User, which ChatStop Networks determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at ChatStop Networks discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
    2. Second Violation: Users that ChatStop Networks determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
    3. We reserve the right, to drop the section of IP space involved 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 network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
  2. Suspension of Service or Cancellation: ChatStop Networks reserves the right to suspend network access to any customer if in the judgment of the ChatStop Networks network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which ChatStop Networks chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.
  3. Indemnification: ChatStop Networks wishes to emphasize that in agreeing to the ChatStop Networks Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies ChatStop Networks for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to ChatStop Networks or the bringing of any claim against ChatStop Networks by any third-party. This means that if ChatStop Networks is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against ChatStop Networks, plus all costs and attorney's fees.
  4. Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, and telephone contacts are used, in that order of preference.
    1. A waiver by the Company of any breach of any provision of this Agreement 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.
    2. Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
    3. ChatStop Networks takes no responsibility for any material input by others and not posted to the ChatStop Networks Network by ChatStop Networks. ChatStop Networks is not responsible for the content of any other websites linked to the ChatStop Networks Network; links are provided as Internet navigation tools only. ChatStop Networks disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
    4. ChatStop Networks is not responsible for any damages your business may suffer. ChatStop Networks does not make implied or written warranties for any of our services. ChatStop Networks denies 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 ChatStop Networks.
  5. Responsibility for Content: You, as ChatStop Networks customer, are solely responsible for the content stored on and served by your ChatStop Networks server.
  6. ChatStop Networks may provide you access to other third party software and/or services ("Third Party Products ") through reseller relationships ChatStop Networks has established with certain commercial vendors, including without limitation. Unless otherwise notified, Customer understands that product support for Third Party Products is provided by ChatStop Networks and not by the Third Party Vendor. Neither ChatStop Networks nor any Third Party Vendor makes any representations or warranties, express or implied, regarding any Third Party Products. Customer 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 representation or warranty of any kind from ChatStop Networks or any third party vendor, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, accuracy or completeness of responses or results, correspondence to description, or non-infringement of third party rights. To the maximum extent permitted by applicable law, neither ChatStop Networks 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 third party product. Customer 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 ChatStop Networks 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.
  7. Denial of Service: We reserve the right to refuse service to anyone at any time for any reason.
  8. Excessive Support: ChatStop Networks reserves the right to determine when provided support has become excessive. Recovering a server due to multiple server takeovers due to poor management, neglect or other factors qualifies as excessive. When support has become excessive, a fee of $60.00 per hour will be charged for any support during the remainder of the lease period, with a minimum charge of 30 minutes (1/2 hour).