Terms Of Agreement
General
Host Waiter is a business organized under the
laws of the State of Missouri, USA.
Warranty
Host Waiter disclaims any warranties expressed
or implied on goods or services listed on the service.
Host Waiter DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE.
Billing and Payment terms
All pricing is in United States Dollars.
Current pricing schedules can be found at http://www.hostwaiter.com/hosting.html
All hosting plans come with a 30 day money back guarantee.
The 30 days start from the time your account is activated
and welcome letter is sent via email. This money
back guarantee does not include any extra features or
services used above their initial hosting plan.
You may cancel your hosing account at any time by contacting
billing@hostwaiter.com
with verification that the account is under your name.
We will not refund any money already paid except if
you fall under the 30 day money back guarantee.
If the user agrees to pay for their account by credit
card, their credit card account will be debited in accordance
with their payment schedule.
Any returned checks will be subject to a collection
fee as allowed by law along with immediate account termination.
Any chargebacks on credit card purchases will result
in immediate account termination and a $150.00 collection
fee.
Spam
Host Waiter has a zero tolerance policy on spam.
Any spam sent through Host Waiter will result in
the following damages: 500.00 administrative fee
and 10.00 per email sent.
Damages
Under no circumstances, including, but not limited to
negligence, shall Host Waiter be liable for any
incidental or consequential damages that result from
the use of, or the inability to use, the materials in
this site, even if Host Waiter or an Host Waiter authorized representative has been advised of the
possibility of such damages. Applicable law may not
allow the limitation or exclusion of liability or incidental
or consequential damages, so the above limitation or
exclusion may not apply to you. In no event shall Host Waiter 's total liability to you for all damages,
losses, and causes of action (whether in contract, tort
including, but not limited to, negligence), or otherwise
exceed the amount paid by you to Host Waiter ,
if any, that is related to the cause of action.
Any damage caused by an individual or business to our
business reputation or system shall be liable to Host Waiter for any and all damages as allowed by law.
Copyright and Trademark Notice
Contents of this website are the exclusive property
of Host Waiter , copyright © 1998 - 2000 and may
not be reproduced in any form without the prior written
consent of Host Waiter . "Host Waiter"
"Host Waiter" and the Host Waiter/Host Waiter
logos and banners are trademarks of Host Waiter
and may not be used without the prior written consent
of Host Waiter . If you have any questions concerning
the use of Host Waiter, it's trademarks, or the Host Waiter logo, please contact us.
All trademarks used on this site are property of the
registered trademarks owners.
Indemnification
Users agree to indemnify and hold Host Waiter harmless
with regard to loss or damage experienced through use
of this system.
Host Waiter cannot guarantee preservation of records,
and may expire information without notice, at its sole
discretion.
Host Waiter does not assume responsibility for
the content or the context of the public display areas
such as the bulletin boards or the feedback forums.
Host Waiter cannot guarantee that we will notice
or prevent any inappropriate use of the system.
Host Waiter cannot guarantee that we will notice
or prevent users from registering with false information.
Host Waiter does not assume responsibility for
the content or the context of the listings.
Host Waiter is not responsible for damage or loss
caused by errors in the system or the Internet. The
system may be unavailable unexpectedly as a result of
errors or circumstances beyond our control. Use Host Waiter at your own risk.
Users
Host Waiter reserves the right to refuse
service to anyone at any time.
Host Waiter reserves the right to close any users
account without notice at its sole discretion.
Any information, in any form included but not limited
to graphics, ideas, suggestions, writings and programming
code, submitted to Host Waiter becomes the property
of Host Waiter.
Users must be of legal age with the ability to enter
into binding contracts.
Use of Information contained on Host Waiter
The use of private user information, other than as expressly
permitted by these Terms and Conditions is strictly
prohibited.
Users agree to refrain from "spamming" (sending
unsolicited commercial e-mail to other users).
Invalid or Non-enforceable Provisions
The
invalidity or unenforceability of any provision of this
agreement, as so determined by a court of competent
jurisdiction, shall not affect the other provision hereof,
and in any such occasion this Agreement shall be construed
in all respects as if such invalid or unenforceable
provision were omitted.
Choice of Law/Venue
The laws of the State of Missouri, Jackson County, excluding
its conflicts-of-law rules, govern. As noted
elsewhere, your conduct may be subject to other local,
state, and national laws. You expressly agree that exclusive
jurisdiction for any claim or dispute resides in the
courts of the State of Missouri. You further agree and
expressly consent to the exercise of personal jurisdiction
in the State of Missouri in connection with any dispute
or claim involving Host Waiter .
Amendments and Modifications
The Terms
and Conditions of this Disclaimer supersede any prior
agreements between you and Host Waiter . The Terms
and Conditions of this Disclaimer may be amended from
time to time, by Host Waiter in its sole discretion
by posting the amendments on this page.
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