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Policies, Fees, Refunds and Terms of Agreement -
Full
payment is required before any hosting service commences,
which includes renewals. Payment is due on or before your
invoice due date. Billing will continue until you cancel
your hosting account. You may cancel at anytime. We do not
offer credits or refunds for hosting time already expended.
Refunds are not provided on monthly contracts. Refunds on
yearly contracts may not exceed 50% of the total sum paid
from the commencement of the contract. Furthermore, refunds
requested on yearly contracts are provided at the sole descretion
of STERLING A/V PRODUCTIONS Web Hosting. This paragraph only
applies to cancellations by the client.
If
cancellation is by STERLING A/V PRODUCTIONS due to a violation
of this agreement, there will be no refund. STERLING A/V PRODUCTIONS
will only allow for the refund if cancellation is not the
fault of the client, as determined by STERLING A/V PRODUCTIONS.
All monetary transactions are in $US dollars where specified.
Additional features can be added at any time. STERLING A/V PRODUCTIONS
reserves the right to change prices at any time.
STERLING A/V PRODUCTIONS reserves the right to suspend an overdue account
without notice. Furthermore, STERLING A/V PRODUCTIONS reserves
the right to completely remove a web site from its servers
should non-payment exceed three (2) consecutive months.
Reactivating account may incur a setup fee of 1 months hosting.
Past due accounts may be forwarded to our collections agency.
You
hereby acknowledge and agree that STERLING A/V PRODUCTIONS will
not be liable for any temporary delay, outages or interruptions
of the Services. Further,STERLING A/V PRODUCTIONS Hosting shall
not be liable for any delay or failure to perform its obligations
under this Agreement, where such delay or failure results
from any act of God or other cause beyond its reasonable
control (including, without limitation, any mechanical,
electronic, communications or third-party supplier failure).
IN
NO EVENT SHALL STERLING A/V PRODUCTIONS HAVE ANY LIABILITY WHATSOEVER
FOR DAMAGE, UNAUTHORIZED ACCESS TO, ALTERATION, THEFT OR
DESTRUCTION OF INFORMATION PROVIDED TO STERLING A/V PRODUCTIONS
, DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE
SERVICES. STERLING A/V PRODUCTIONS SHALL HAVE NO LIABILITY UNDER
THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY,
SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF STERLING A/V PRODUCTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY EVENT, THE LIABILITY OF STERLING A/V PRODUCTIONS TO YOU
FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED
TO THE AMOUNT ACTUALLY PAID TO STERLING A/V PRODUCTIONS BY YOU
UNDER THIS AGREEMENT DURING THE THIRTY (30) DAYS IMMEDIATELY
PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED. THIS LIMITATION
APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING,
WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY,
NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER
TORTS. THE FEES FOR THE SERVICES SET BY STERLING A/V PRODUCTIONS
UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED
UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY RELEASE
STERLING A/V PRODUCTIONS FROM ANY AND ALL OBLIGATIONS, LIABILITIES,
AND CLAIM IN EXCESS OF THE LIMITATION STATED IN THIS SECTION
6.1. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN
SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED
BY LAW.
Terms
Revision 9/27/11
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