Haven Merchant ServicesHaven Merchant Services Terms and Conditions of Service TERMS AND CONDITIONS OF SERVICE ENDORSEMENT AND RESPONSIBILITY RIGHTS TO USE OUR WEBSITE You acknowledge and agree that you are solely responsible for the content and consequences of any Content you post on or to our Website. You agree not to post or transmit any unlawful, libelous, defamatory, abusive, threatening, racially offensive, obscene, pornographic or profane Content or any Content that constitutes or encourages criminal conduct or that by its posting would infringe any intellectual property or proprietary right, or any other right, of any third party. You agree not to impersonate any other person or entity (including an Haven Merchant Services employee) while on our Website. You agree that as between you and Haven Merchant Services, all Content posted by you on our Website shall become the property of Haven Merchant Services upon such posting. Haven Merchant Services reserves the right to modify or remove content in part or in whole in its sole discretion and without notice to you. All rights not expressly granted herein are reserved. DISCLAIMER OF WARRANTIES DISCLAIMER OF LIABILITY CHOICE OF LAW (WITHOUT REGARD TO SUCH STATE'S CONFLICTS OF LAW PRINCIPLES) SHALL GOVERN ANY DISPUTES ARISING FROM YOUR USE OF THIS SITE. YOU FURTHER AGREE THAT ANY DISPUTE ARISING IN CONNECTION WITH YOUR USE OF THIS SITE SHALL BE LITIGATED IN A COURT OF COMPETENT JURISDICTION IN THE STATE OF PENNSYLVANIA. YOU STIPULATE AND AGREE THAT YOU HAVE SUFFICIENT CONTACTS WITH SUCH COURTS TO BE SUBJECT TO THEIR PERSONAL JURISDICTION. INTELLECTUAL PROPERTY AGENT FOR NOTICE (i) Your physical or electronic signature. (ii) An identification of the work claimed to have been infringed, or, if multiple works on our Website are covered by a single notification, a representative list of such works. (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit Haven Merchant Services to locate the material. (iv) Information reasonably sufficient to permit Haven Merchant Services to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted. (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you or the owner on whose behalf you are submitting the notification. (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of a right that has been infringed. For claims of infringement, we can be reached by email at: info@havenmerchantservices.com or write to us at The following policies apply to all Haven Merchant Services Hosting accounts. ACCEPTABLE USE POLICY (AUP) Haven Merchant Services's Acceptable Use Policy ("AUP") is provided to give our customers and users a clear understanding of what Haven Merchant Services expects of them while using the service. All users of Haven Merchant Services's Internet services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP and our TOS (Terms of Service). Use of Haven Merchant Services Service constitutes acceptance and agreement to Haven Merchant Services's AUP as well as Haven Merchant Services's TOS (Terms of Service)
We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, Email transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. Haven Merchant Services may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your Haven Merchant Services account or other actions as detailed in Section 3 WITHOUT PRIOR NOTICE. This document is intended to provide a basic understand of Haven Merchant Services's Acceptable Use Policy. The following are guidelines for the establishment and enforcement of Haven Merchant Services's AUP: * Ensure reliable service to our customers Haven Merchant Services intends to provide its customers access to everything the Internet has to offer. While Haven Merchant Services is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both the Haven Merchant Services and the Internet and cannot be permitted under the guise of free speech. The resources of Haven Merchant Services and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community. We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation 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. You may not use your virtual site to publish material, which Haven Merchant Services determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings. If a Haven Merchant Services account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action; however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time. As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us at abuse@havenmerchantservices.com . VIOLATIONS OF IdeaOverTen ACCEPTABLE USE POLICY 1. Illegal use: Haven Merchant Services's services may not be used for illegal purposes, or in support of illegal activities. Haven Merchant Services reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. 2. Harm to minors: Use of the Haven Merchant Services service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography. 3. Threats: Use of the Haven Merchant Services service to transmit any material (by Email, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property. 4. Harassment: Use of the Haven Merchant Services service to transmit any material (by Email, uploading, posting or otherwise) that harasses another. 5. Fraudulent activity: Use of Haven Merchant Services service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters." 6. 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 using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation. 7. Unsolicited commercial Email / Unsolicited bulk Email (SPAM) Use of the Haven Merchant Services service to transmit any unsolicited commercial or unsolicited bulk Email is expressly prohibited. Violations of this type will result in the immediate termination of the offending Haven Merchant Services account. IMPORTANT NOTICE: 8. Email / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending Haven Merchant Services account. 9. Email / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the Haven Merchant Services service is in violation of this AUP. 10. Usenet SPAMing: Haven Merchant Services has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted. 11. Unauthorized access: Use of the Haven Merchant Services service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Haven Merchant Services's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Haven Merchant Services account is subject to immediate termination. 12. Copyright or trademark infringement: Use of the Haven Merchant Services service to transmit any material (by Email, uploading, posting, hot linking, directly linking 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 distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. 13. Collection of personal data: Use of the Haven Merchant Services service to collect, or attempt to collect, personal information about third parties without their knowledge or consent. 14. Network disruptions and unfriendly activity: Use of the Haven Merchant Services service for any activity which affects the ability of other people or systems to use Haven Merchant Services Services or the Internet. 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. A Customer may not, through action or inaction, allow others to use their site for illegal or inappropriate actions. A Customer may not permit their site, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. Haven Merchant Services will not tolerate any customer attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data. 15. Net Send Spam: The use of the net send utility to send unsolicited bulk communication is prohibited. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. 16. Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it. 17. Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated. 18. Distribution of Viruses: Intentional distributions of software 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. 19. Third Party Accountability: Haven Merchant Services subscribers will be held responsible and accountable for any activity by third parties using their account that violates guidelines created within the Acceptable Use Policy. 20. Violation Of Haven Merchant Services Hosting Accounts: It is absolutely forbidden to host pornographic content or IRC servers on Hosting Accounts. Hosting Accounts found hosting this material will be subject to immediate cancellation without refund. 21. IRC networks: It is absolutely forbidden to host an IRC server that is part of or connected to another IRC network or server. Sites found to be connecting to or part of these networks will be immediately removed from our network without notice. The site will not be reconnected to the network until such time that you agree to completely remove any and all traces of the IRC server, and agree to let us have access to your site to confirm that the content has been completely removed. Any server guilty of a second violation will result in immediate account termination. 22. Domains Chargeback Resolution: If the charge for a domain or set of domains is charged back, Haven Merchant Services has the right to take control of the domain or set of domains that was paid for by the disputed charge. Haven Merchant Services will change the domain account information as needed to take control of the domain or set of domains. The user is not guaranteed to be contacted in the event that a chargeback is received. 23. Peer to Peer Software (File Sharing): The use of Peer to Peer or file sharing software to permit the sharing, copying or distribution of unauthorized copyrighted material on the Haven Merchant Services service is prohibited. Use of such software could result in suspension of service. Security You are responsible for any misuse of your account, even if a friend, family member, guest or employee committed the inappropriate activity. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. * Your password provides access to your account. It is your responsibility to keep your password secure. Network Performance Haven Merchant Services accounts 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 that 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 that negatively impact other customers or the performances of Haven Merchant Services systems or networks. Haven Merchant Services reserves the right to terminate or limit such activities. REPORTING VIOLATIONS OF IdeaOverTen AUP Haven Merchant Services requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at abuse@havenmerchantservices.com . If available, please provide the following information: * The IP address used to commit the alleged violation Email 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. Haven Merchant Services may take any one or more of the following actions in response to complaints: * Issue written or verbal warnings REVISIONS TO THIS ACCEPTABLE USE POLICY Haven Merchant Services reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service). Copyright 1994-2007 Haven Merchant Services IMPORTANT NOTICE: *All Payments To Haven Merchant Services Are Non-Refundable* Haven Merchant Services.com ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service). Use of Haven Merchant Services Service constitutes acceptance and agreement to Haven Merchant Services's AUP as well as Haven Merchant Services's TOS (Terms of Service). All provisions of this contract are subject to the TOS (Terms of Service) of HavenMerchantServices.com 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 Pennsylvania, county of Lehigh applicable to contracts enforceable in that state. Venue will be Lehigh County, Pennsylvania 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 Haven Merchant Services 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 the month for that month's service. 4. Payments and Fees: Checks and ACH Drafts returned for any reason are subject to a $25.00 returned item charge. Credit cards that are declined for any reason are subject to a $10.00 declination fee. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment is subject to a $200 reconnect charge. HavenMerchantServices.comAccounts not paid by due date are subject to a $25.00 late fee. Accounts that are not collectable by Haven Merchant Services may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a Processing and Collection Fee of not less than $50 nor more than $250. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS. ACH Drafts only available to U.S. Customers. 5. Whenever WebCreatorPlus software is included as part of the monthly SEO Maintenance or SEO Setup fee, unless otherwise indicated or specifically stated in our proposal or invoice, the fee is based on a lease or rental of the WebCreatorPlus software. The fees collected as part of the SEO Maintenance are intended to offset the cost of the software. If a client cancels his or her agreement with IdeaOverTen before a one year term, the client must pay for the WebCreatorPlus software in its entirety, not less than $5,000 nor more than $10,000. This fee will be invoiced and collected whether or not the client decides to use our WebCreatorPlus software with his next vendor. 6. Refund and Disputes: All payments to HavenMerchantServices.com 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. If you dispute a charge to your credit card issuer that, in IdeaOverTen's sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay IdeaOverTen an "Administrative Fee" of not less than $50 and not more than $250. 7. 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. 8. Account Cancellation: Requests for canceling accounts may be made in writing with at least 30 days notice but not more than 60 days prior written or emailed notice and sent to: Haven Merchant Services Or you may call 866-864-2836 or fax the cancellation to 866-414-6165.or email cancellation@havenmerchantservces.com
9. 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. 10. New Domain Accounts: All new web hosting accounts involving new domains will be set up and entered into our DNS servers within 3 to 5 business days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days. If the new domain is registered by the account holder, there will be no handling fee. If the domain is registered by HavenMerchantServices.com on behalf of the account holder a handling fee will be incurred. 11. Transfer of Domains: New web hosting accounts which involve the transfer of a domain from another provider to HavenMerchantServices.com will require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by HavenMerchantServices.com on behalf of the account holder a handling fee will be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned. 12. Support Boundaries: Haven Merchant Services, provides technical support during normal business hours to our subscribers (except for few holidays and short company meetings when we close our center.) We limit our technical support to our area of expertise. The following is our guidelines when providing support: Haven Merchant Services provides support related to your site physical functioning. Haven Merchant Services does not offer tech support for application specific issues such as cgi programming, html or any other such issue. Haven Merchant Services does not provide technical support for YOUR customers. If you can email, we encourage you to email helpdesk@havenmerchantservices.com for assistance. If you are able to get online and have other questions, the answers may be on our home page here - 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. 13. SPAM and Unsolicited Commercial Email (UCE): Haven Merchant Services takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Haven Merchant Services may not use or permit others to use our network to transact in UCE. Customers of Haven Merchant Services may not host, or permit hosting of, sites or information that is advertised by UCE from 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. a. Violation of Haven Merchant Services's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Haven Merchant Services will initiate an immediate investigation (within 48 hours of notification). During the investigation, IdeaOverTen may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Haven Merchant Services may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Haven Merchant Services reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. IdeaOverTen will notify law enforcement officials if the violation is believed to be a criminal offense. b. First violations of this policy will result in an "Administrative Fee" of $500 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $750 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 IdeaOverTen personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account. 14. Network 1. IP Address Ownership: If Haven Merchant Services assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to IdeaOverTen, and Customer shall have no right to use that Internet Protocol address except as permitted by Haven Merchant Services in its sole discretion in connection with the Services, during the term of this Agreement.Haven Merchant Services shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Haven Merchant Services and Haven Merchant Services reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. 2. Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). Haven Merchant Services will monitor Customer's bandwidth and disk usage. Haven Merchant Servicesshall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Haven Merchant Services's sole and absolute discretion. If Haven Merchant Services takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. Bandwidth usage is measured on a calendar month basis. Both incoming and outgoing traffic are counted. In the event that a customer exceeds the included allocation, Haven Merchant Services may, at its sole discretion, collect a deposit, in the amount of $1.00 per GB, against customer's credit card on file with Haven Merchant Services. Data transfer in excess of each server's monthly allowance is automatically billed on or around the 5th of each month, for the previous calendar month. Unused bandwidth allocations cannot be carried over to future months, or applied to other servers. 3. System and Network Security: Users are prohibited from violating or attempting to violate the security of the Haven Merchant Services Network. Violations of system or network security may result in civil or criminal liability. Haven Merchant Services 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: 1. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access. 2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. 3. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing". 4. Forging any TCP/IP packet header or any part of the header information in any Email or newsgroup posting. 5. Taking any action in order to obtain services to which such User is not entitled. 15. Notification of Violation: 1. Haven Merchant Services 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. 2. First violation: Any User that Haven Merchant Services 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 Haven Merchant Services's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations. 3. Second Violation: Users that Haven Merchant Services 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. 4. 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 site, or if denial of service attacks are originating from your site. 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. 16. Suspension of Service or Cancellation: Haven Merchant Services reserves the right to suspend network access to any customer if in the judgment of the Haven Merchant Services 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 Haven Merchant Services 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. 17. Haven Merchant Services reserves the right to amend its policies at any time. All Hosting customers of Haven Merchant Services must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. 18. Indemnification: Haven Merchant Services wishes to emphasize that in agreeing to the Haven Merchant Services Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Haven Merchant Services for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Haven Merchant Services or the bringing of any claim against Haven Merchant Services by any third-party. This means that if Haven Merchant Services is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Haven Merchant Services, plus all costs and attorney's fees. 19. Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. Email, fax, 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. Haven Merchant Services takes no responsibility for any material input by others and not posted to the Haven Merchant Services Network by Haven Merchant Services. Haven Merchant Services is not responsible for the content of any other websites linked to the IdeaOverTen Network; links are provided as Internet navigation tools only. Haven Merchant Services 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. Haven Merchant ServicesIdeaOverTen is not responsible for any damages your business may suffer. Haven Merchant Services does not make implied or written warranties for any of our services. Haven Merchant Services 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 Haven Merchant Services. 5. It is absolutely forbidden to host pornographic content or IRC servers on Hosting accounts. Hosting Accounts found hosting this material will be subject to immediate cancellation without refund. 20. Responsibility for Content: You, as Haven Merchant Services's customer, are solely responsible for the content stored on and served by your Haven Merchant Services server. 21. Customer agrees not to remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on Software Products or that appear during the use of Software Products. Customer further agrees not to reverse engineer, decompile, or disassemble the Software Products. Haven Merchant Services may provide you access to other third party software and/or services ("Third Party Products") through reseller relationships Haven Merchant Services has established with certain commercial vendors, including without limitation, Microsoft Corporation ("Third Party Vendors"). Unless otherwise notified, Customer understands that product support for Third Party Products is provided by Haven Merchant Services and not by the Third Party Vendor. NeitherHaven Merchant Services 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 Haven Merchant Services 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 Haven Merchant Services 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 Haven Merchant Services 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. 22. Denial of Service: We reserve the right to refuse service to anyone at any time for any reason. Copyright 1994-2007 Haven Merchant Services |
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