1. AGREEMENT:
This is an agreement between Iron Goat Networks, LLC ("IGN") and you to provide hosting services ("the Service"). By establishing an account or using the Service or equipment, you agree to be bound by this Agreement and to use the Service in compliance with IGN Acceptable Use Policy. If you do not wish to be bound by these terms and conditions, you should not proceed to engage Iron Goat Networks, LLC services.
2. TERM:
The term of this Agreement is for an initial term of twelve (12) months. This Agreement will automatically renew for an additional 3 months after the end of the initial term and will continue to renew automatically in 3 month intervals unless you notify IGN, in writing, at least thirty (30) days in advance of the expiration of your then current term that you intend to cancel the Service. IGN reserves the right to change the price of the Service at any time with 30 days notice. IGN reserves the right to refuse service to anyone. We only intend on doing business with people who can understand the unique nature of the difficulties involved in delivering broadband to rural areas. Prices for other IGN services may be found on the IGN web site:
www.irongoat.net/legal/pricing.php
.
Current rates may also be obtained by calling (360) 799-0552.
3. THE SERVICE:
The Service can vary depending on location, line quality, Internet traffic, CPU speed, operating system configuration and other factors beyond the control of IGN. IGN provides the service on a "best effort" standard and does not guarantee upload or download speeds.
4. CANCELLATION:
If your are dissatisfied with the Service or any related terms, conditions, rules, policies guidelines, or practices, your sole remedy is to discontinue using the Service, cancel your account, and pay any cancellation fees that apply. Termination of the service does not release you from liability for charges due under this Agreement. To cancel the Service you must do so in writing to Iron Goat Networks at PO Box 1232 Sultan, WA 98294. Cancellation will be effective at the end of the current billing period in which notice of cancellation is received. Upon cancellation or termination of this agreement, all data and files stored on IGN services will be deleted This data is not recoverable. IGN may terminate this Agreement for any reason, including, without limitation, if IGN, in its sole discretion, believes you have violated the Agreement or if you fail to pay any charges when due. Termination notice will be by US Mail to the address you provided for the Service. All notices to you shall be deemed effective on the fourth (4th) day following the date of the mailing. Sections 1, 4, 5, 7, 8 and 9 of this Agreement shall survive termination of this Agreement.
5. PAYMENT:
1. Payment is due in on the anniversary monthly anniversary date of service installation.
2. Usage charges will be calculated in accordance with the Rate Schedule located
here
.
3. The charge for the subscriber's entitlement to use the service on a monthly basis is a monthly fee, which is payable monthly in advance by the subscriber of Iron Goat Networks, LLC. A valid credit card must be submitted to Iron Goat Networks, LLC.
4. The charge for the subscriber's entitlement to use the service on a monthly basis is payable in full in advance by the subscriber to Iron Goat Networks, LLC.
a. This charge will be made automatically via debit to the credit card given number given to Iron Goat Networks, LLC upon signup.
5. Iron Goat Networks, LLC reserves the right to adjust service charges at their sole discretion.
a. Iron Goat Networks, LLC will inform clients of changes to service charges in writing.
6. It is the policy of Iron Goat Networks, LLC to provide subscription only on a credit card account.
a. Additional fees will apply for non credit card accounts.
7. Any failure to pay when due may result in suspension or disconnection of service.
8. A service fee will be required to reestablish service suspended for any reason.
9. You are responsible for any charges to your account.
10. Questions regarding charges to an account should be directed to IGN Customer Service Department at (360) 799-0552.
11. All charges are considered valid unless disputed in writing within sixty (60) days of the billing date. Adjustments will not be made for charges that are more than 60 days old.
Questions regarding charges to an account should be directed to IGN Customer Service Department at (360) 799-0552. All charges are considered valid unless disputed in writing within sixty (60) days of the billing date. Adjustments will not be made for charges that are more than 60 days old. Payments not received within 30 days are subject to a late payment charge equal to 1.5% per month.
6. MONITORING THE SERVICES:
IGN has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if IGN, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Service properly; or to protect itself and its subscribers. IGN may immediately remove your material or information from IGN' servers, in whole or in part, which IGN, in its sole and absolute discretion, determines to infringe another's property rights or to violate our Acceptable Use Policy.
7. DISCLAIMER:
Iron Goat Networks, LLC makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by Iron Goat Networks, LLC or its agents or employees shall create a warranty. Iron Goat Networks, LLC provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall Iron Goat Networks, LLC be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with Iron Goat Networks, LLC service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.
You understand that by placing information on Iron Goat Networks, LLC servers that such information becomes available to all Internet users and that Iron Goat Networks, LLC has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of Iron Goat Networks, LLC servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through Iron Goat Networks, LLC or on the Internet generally.
8. INDEMNIFICATION
You agree to indemnify, defend and hold harmless IGN, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of our Acceptable Use Policy by you. Each of these individuals or entities shall have the right to assert and enforce the provisions directly against you on its own behalf.
9. JURISDICTION:
This Agreement is and shall be governed by, interpreted and construed in accordance with the laws of the State of Washington. The venue of any action brought under the terms of this Agreement shall be in the Snohomish County Superior Court. This court shall have exclusive jurisdiction with respect to any proceeding in connection with this Agreement.
10. MISCELLANEOUS:
This Agreement, the Acceptable Use Policy, and IGN's other agreements and policies posted on IGN's Web site constitute the entire agreement between you and IGN with respect to your use of the Service. IGN may revise, amend or modify the Agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted on IGN's Web site www.irongoat.net and/or by email and/or our various publications and mailings to you. Any revisions, amendments or modifications must be made in writing and authorized by IGN's General Manager. No changes to our Agreements and policies may be made without written and signed authorization from IGN' General Manager. Your use of our Service constitutes your continued acceptance of our Agreements and policies. If any provision of our Agreements and policies are found to be unenforceable or invalid, the remaining provisions shall be enforceable and valid to the greatest extent permitted by law
11. WEB-SITE CONTENT:
Your content will remain on your virtual or dedicated server and is not available to any other entity. You have the right to retain on your virtual or dedicated server: any and all files that you seek to hold that do not violate the following rules. Customers are prohibited from transmitting on or through any of Iron Goat Networks, LLC's services, any material that is, in Iron Goat Networks, LLC's sole discretion: unlawful, obscene, threatening, abusive, libelous, encourages criminal mischief, gives rise to civil liability, or otherwise violates any local, state, federal, or international law and/or treaties. In short, Iron Goat Networks, LLC's services may only be used for lawful activities.
Pornography: Iron Goat Networks, LLC has a zero tolerance policy on pornography that violates local, state, federal, or international law. This includes, but is not limited to, child pornography, bestiality, hard-core pornography, and others not allowed by law. Iron Goat Networks, LLC does not seek to abridge any users rights, but we uphold any and all laws applicable to the content of sites hosted on our servers and/or network. Iron Goat Networks, LLC reserves the right to deny service without cause for sites with adult content that we deem violates local, state, or federal law.
Iron Goat Networks, LLC does take an active role in monitoring all sites via the web for content that does not comply with the preceding guidelines. Iron Goat Networks, LLC specifically retains the right to make the final decision in any matter relating to site content. If you wish to seek virtual or dedicated hosting services with Iron Goat Networks, LLC and you are concerned about content, please send your concerns to: info@irongoat.net
Document Version: 05/24/05