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| 1. ACCEPTANCE OF TERMS |
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| Welcome to Edula, Inc.! By using Edula, Inc. web services, you agree
to accept the following terms and conditions ("Terms Of Service"). |
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| 2. CHANGES IN TERMS OF SERVICE |
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Edula, Inc. reserves the right to change the terms of service with or without
notice, and without libility to you. Your continued use of our web services
constitutes your agreement to all such terms and conditions. |
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| 3. REGISTRATION |
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Edula, Inc. requires you to open an account in order to provide online services
to you. By opening an account with us, you agree to provide accurate, current
and complete information about yourself as prompted by the signup form. You are
also responsible for maintaining and promptly updating the member profile to keep
it curent and complete. It is your responsiblity to maintain the confidentiality
of your account and password.
Edula, Inc. reserves right to terminate your use of our services if the
information that you provided contains false or misleading information, or conceals
or omits any information that we may consider material. |
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| 4. FEES, PAYMENT AND TERMS |
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In consideration for the services you have selected, you agree to pay us the
applicable service fees. All fees payable hereunder are non-refundable except
for web hosting services which are covered by the unconditional "30 Day Money
Back Guarantee". Upon purchasing Edula, Inc.
services, you agree to comply with this Terms and Conditions.
If you have purchased an web hosting package that is billing monthly, your credit
card will be charged regularly on the day you first purchased our product(s).
If you have purchased a domain services that is billing annually, your credit
card will be charged 10-days prior to a domain expiration date. The 10-day advanced
renewal is to allow sufficient time to notify you in the event credit card fails
to process.
If you do not wish to renew your product, you may choose
to auto-expire the product by unscribing an auto-renew option. By auto-expiring
a product, the previously purchased services will no longer be availiable
to you. |
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| 5. REFUND POLICY |
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All products and services offered by Edula, Inc. except for the domain services
are covered by 30 day guarantee. We are confident in our products and services that our packages (except for the domain
services) includes an unconditional 30 day money back guarantee. You may cancel your
account for whatever reason within 30 days of activation, and you'll receive a full refund.
The domain service fees are non-refundable, in whole or in part, even if your domain name registration is
suspended, cancelled or transferred prior to the end of your then current registration term. The detailed
domain services agreement and
dispute policy are available at the respective locations.
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| 6. ADDITIONAL BANDWIDTH USAGE |
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Each hosting package offers maximum bandwidth usage.
Edula, Inc. automatically bills customers for excess bandwidth usage following
second overage. The first overage will be notified to you (as a pre-caution),
and the overage charge will be waived. If customers exceed the amount of allotted
bandwith for the subscribed hosting package for the second time and beyond, they're
billed at $0.01 per MB excess. The overage charge will be billed to your credit card
the month following the overage. The overage is calculated by monitoring the network
traffic and log records describing your account activities. These charges are made
at the sole discretion of Edula, Inc. and are not disputable.
If you feel you'll consistently go over the allotted bandwidth limit, you may
upgrade your hosting plan to accommodate higher bandwidth usage. |
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7. RIGHT OF REFUSAL |
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We, in our sole discretion, reserve the right to refuse to provide service(s) to you
within thirty (30) calendar days from receipt of your payment for such services. In
the event we do not host your domain name or decline to offer other Edula service(s)
within such thirty (30) calendar day period, we agree to refund your applicable
fee(s). You agree that we shall not be liable to you for loss or damages that may
result from our refusal to host your domain name or any other service(s).
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| 8. ABUSE |
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Any attempts to undermine or cause harm to our servers or customers are
strictly prohibited. Edula will not permit you to use our services for any
of the following purposes. Doing so violates the terms of your agreement
with Edula:
Spam: Unsolicited, commercial mass e-mailing to others
We take a zero tolerance stance on spam mailings. Any user who sends out spam will have their account terminated without notice.
Copyright Violations: Violation of copyrights held by individuals and
corporations or other entities can result in civil and criminal liability.
If you use our service to distribute information (web hosting, email, etc.),
you should be aware of and abide by the laws involving copyrights
Obscene Material: Edula will not allow the use of our network for the
distribution of obscene or indecent material. Edula reserves the right to
make the judgment in our sole discretion as to what constitutes obscene or
indecent material
Illegal Activity: Any activity that is of an illegal or unlawful nature
under the laws of the United States of America or State of Illinois
Other: Any other activity that Edula determines, in our sole discretion,
is unethical, or damaging to our other customers, users of the Internet in
general, or to our corporate reputation
Edula regularly monitors our network and its use. If we become aware of any
violations of the above conditions, we may cancel your account immediately
and without notice.
By placing an order with Edula and using our services, you are presumed to
have accepted this Acceptable Use Policy.
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| 9. SECURITY |
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Violations of system or network security are prohibited and may result in criminal
and civil liability. This includes, but is not limited to: unauthorized access,
scanning of systems security or authentication measures, interference with service
to any user, host, or network including, without limitation, mail bombing, flooding,
deliberate attempts to overload a system, broadcast attacks; forging of any TCP-IP
packet header or email headers |
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10. INDEMNITY |
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You agree to release, indemnify, and hold Edula, its contractors, agents, employees,
officers, directors and affiliates harmless from all liabilities, claims and
expenses, including attorney's fees, of third parties relating to or arising under
this Agreement, the Edula services provided hereunder or your use of the Edula
services, including without limitation infringement by you, or someone else using
any Edula service with your computer, of any intellectual property or other
proprietary right of any person or entity, or from the violation of any Edula
operating rule or policy relating to the service(s) provided. When Edula is
threatened with suit by a third party, Edula may seek written assurances from you
concerning your promise to indemnify Edula; your failure to provide those assurances
may be considered by us to be a breach of your Agreement and may result in
deactivation of your account. |
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| 11. DISCLAIMER OF WARRANTIES |
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YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND INFORMATION ARE
PROVIDED ON AN "AS IS" BASIS. EDULA, INC. DISCLAIMS ALL EXPRESS OR IMPLIED
CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED
WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NONINFRINGEMENT. EDULA, INC. MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR
GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF
ANY OF THE CONTENT CONTAINED ON OUR WEB SITE.
EDULA, INC. AND ITS AFFILIATES DO NOT WARRANT THE COMPLETENESS, TIMELINESS OR
ACCURACY OF ANY DATA, INFORMATION, FEATURES AND INFORMATION AVAILABLE ON OUR WEB
SITE. |
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| 12. LIMITATION OF LIABILITY |
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TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, EDULA, INC. IS NOT LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE,
GOODWILL, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE, HOWEVER
CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER IN CONTRACT OR WARRANTY,
ARISING FROM THE USE OF OR THE INABILITY TO USE THE SERVICES FROM OUR WEB SITE.
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| 13. LINKS TO THIRD PARTY SITES |
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Edula, Inc. may contain links to third party web sites, which are not under the
control of edula.com. We are not responsible for the contents contained in the
linked sites, including without limitation any link contained in a linked site,
and any changes or updates to a linked site. |
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| 14. COPYRIGHT VIOLATIONS & INTELLECTUAL PROPERTY VIOLATIONS |
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You agree not to engage in any activity that infringes or misappropriates the
intellectual property rights of others, including copyrights, trademarks, service
marks, trade secrets, software piracy, and patents held by others. Also, you agree
to not engage in activity that violates privacy, publicity, or other personal
rights of others. Edula, Inc. is required by law to remove or block access to
customer content upon receipt of a proper notice of copyright infringement. |
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| 15. COPYRIGHT NOTICES |
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Unless otherwise specified, all materials appearing on this site, including
design, text, logos, graphics, icons and images, as well as the selections,
assembly and arrangement, are the sole property of Edula, Inc., Copyright© 2003,
ALL RIGHTS RESERVED. No materials from this site may be copied, reproduced,
modified, republished, transmitted or distributed in any form or by any means
without Edula, Inc's prior written permission. Any unauthorized use of the
materials appearing on this site may violate copyright, trademark and other
applicable laws and could result in criminal or civil penalties. |
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| 16. INFANCY |
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You attest that you are of legal age to enter into this Agreement.
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| 17. GOVERNING LAW |
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This agreement shall be governed by and interpreted and enforced in
accordance with the laws of the state of Illinois applicable therein without
reference to rules governing choice of laws. Any action relating to this
agreement must be brought exclusively in the United States District Court for
Northern District of Illinois, or if there is no jurisdiction in such court,
then in a state court in Cook County, and you irrevocably consent to the
jurisdiction of such courts.
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