Hartland Valley View Terms and Conditions for Services

Please read these terms and conditions carefully before opening or continuing services with Hartland Valley View, LLC.. These Terms and Conditions represent the complete Agreement and understanding between Hartland Valley View, LLC. and you, the Hartland Valley View Account Holder, and supersede any other written or oral agreement pertaining to your Hartland Valley View services. By using Hartland Valley View services or Hartland Valley View software, or both, you agree to be bound by and to comply with this Agreement, just as if you had signed it. Violation of any provision of this Agreement is grounds for immediate termination on your Hartland Valley View account.

If you do not agree to be bound by this agreement, you should immediately end your use of Hartland Valley View services and notify Hartland Valley View customer support so that Hartland Valley View may initiate a closure of your account.

Upon notice published on-line via Hartland Valley View services, Hartland Valley View may modify the Terms and Conditions, amplify them, and/or modify the prices of its services, as well as discontinue or change the services offered. Your continued use of Hartland Valley View services following such notification will be deemed acceptance of the modification.

Terms and Conditions of Use:

  1. Definitions

 

    • The "Service Provider" is Hartland Valley View, LLC..
    • The "Account" means the customers rights arising under this agreement with the Service Provider.
    • The "Service" means interactive dial-up access to or web-hosting with the Service Provider’s network including computer resources, disk storage and computer communications facilities.
    • The "Customer" means any person or entity identified as such on the New Account Form.

 

  1. Interpretation

These terms and conditions and the Service Provider’s Service Descriptions relating to the Services govern the provision of the Service by the Service Provider to the Customer to the exclusion of all other written or verbal representations, statements, understandings, negotiations, proposals or agreements.

  1. Provision of Service

 

The Service Provider shall supply the Service to the Customer at such times and by such means as the Service Provider from time to time decides. The Service is not fault free and the Customer shall be entitled only to the quality of service provided by the service Provider from time to time for its customers generally.

  1. Exclusion of Liability of the Service Provider

The Service Provider provides information, network, network management and messaging facilities and while all reasonable care is used in provision of the Service, the Service Provider shall not have any liability whatsoever in contract, tort or otherwise to any party in respect of any loss of damage (including without limitation of direct or consequential loss, financial loss or loss of other contract) arising out of the provision of the Service or any inaccuracy or error in or omission from any part of the Service. The Customer specifically indemnifies and shall keep indemnified the Service Provider in respect to any loss or damage action claim suit or proceeding against the Service Provider by any person in respect to the use of the Customers Account including but not limited to the transmission of any illegal and/or fraudulent material which the Customer transmits or causes to be transmitted using the Service Providers Service. In the event that this Agreement constitutes a supply of goods or services to a consumer nothing contained in these terms and condition excludes, restricts or modifies and condition warranty or other obligation, including any consequential loss which the Customer may sustain or incur.

  1. Use of the Service

 

a.    The Customer shall not use, nor permit another party to use the Service for sending to any person any message, electronic mail or any other form of communication which is offensive or abusive or of an indecent, obscene or menacing character of, for persistently sending messages without reasonable cause of, for the purpose of causing annoyance, inconvenience of needless anxiety to any person.

b.    The Customer shall not use, nor permit any other party to use the Service in connection with any matter of an illegal nature.

c.    Without the written permission of the Service Provider the Customer shall not transfer any rights to access the Service to another party.

d.    The Customer shall ensure that any computers used for access to the Service are appropriately licensed for any software used in such access, maintain strict confidentiality of passwords or other confidential information relating to the Service or the Service Provider.

e.    The Customer acknowledges that third party information providers may impose additional terms and conditions governing the provision of their information or service and that any such terms and conditions may include a disclaimer absolving such third parties from liability regarding information and services provided on the Service.

f.    The Customer must comply with instructions concerning access to the Service given by the Service Provider from time to time.

 

6.                  Charges for Service

a.    The charges for use of the Service are published by the Service Provider from time to time.

b.    The Service Provider reserves the right to alter the charges at any time as the Service Provider decides. The altered charges would take effect after a suitable period of at least seven (7) days.

c.    Any pre-payment for access to the Service is non-refundable. Any registration fee is non-refundable.

  1. Liability of Customer for Charges

The Customer shall pay all applicable charges to the Service Provider within five (5) days of invoice by the Service Provider except any initial registration fee which is payable upon submission of the duly completed New Account Form.

  1. Hartland Valley View, LLC. and its affiliates provide to business and consumer users several information technology related services, including such services as:
    1. Internet access
    2. Electronic mail
    3. World Wide Web website hosting, and
    4. Other online and Internet-related services.

Because of recent problems we've had with spam, we want to make sure everyone understands exactly what spam is and what our policy on spam entails. "Spam" is internet jargon for any non-requested, mass e-mailing or Usenet posting, whether for advertising, marketing, political canvassing or any other reason. The following is an example of a typical marketing spam:

>Greetings,
>I would like to introduce our new {product} site.
>We believe it is the best site of its kind on the net.
>We feature classical and contemporary {product} at a price that can
>not be lower anyplace else. Please check it out at: [WEB ADDRESS]

It is contrary to Hartland Valley View policy for any user of any of these services to affect or participate in any of the following activities through a Hartland Valley View, LLC.. provided service:

    1. To post a single article or advertisement to more than ten (10) Usenet or other newsgroups, forums, email mailing lists or other similar groups or lists;
    2. To post to any Usenet or other newsgroup, forum, emailing list or other similar group or list articles which are off-topic according to the charter or other owner-published FAQ or description of the group or list;
    3. To send unsolicited mass emailing to more than twenty-five (25) email users, if such unsolicited emailing provoke complaints from the recipients.
    4. To engage in any of the foregoing activities using the service or another provider, but channeling such activities through a Hartland Valley View account or re-mailer, or using a Hartland Valley View account as a mail drop for responses;
    5. To falsify user information provided to Hartland Valley View or to other users of the service in connection with use of a Hartland Valley View, LLC. service. Hartland Valley View considers the above practices to constitute abuse of our service and of the recipients of such unsolicited mailings and/or postings, who often bear the expense. Therefore, these practices are prohibited by Hartland Valley View terms and conditions of service. Engaging in one or more of these practices will result in termination of the offender's account and/or access to Hartland Valley View services. This policy arises out of concern for the service which we provide to our users. Because spam often results in a "retaliatory strike" by the person who reads it, one spam can cause a flood of un-solicited e-mail so intense that it can overload our mail server.

 

  1. Default

The Service Provider may (without prejudice to any other right or remedy) cancel or suspend access to the Service if the Customer fails to observe or perform any of the provisions of the Agreement or fails to pay when due any sum payable under this Agreement or provides false or misleading information in regard to this Agreement; or if the Service Provider is of the opinion that the Customer has or may use the Service for any unlawful or improper purpose or in a manner that may jeopardize the security or interface in the proper operation of any part of the Service.

  1. Variation of Conditions of Use

The Service Provider may from time to time amend this Agreement by a document (including electronic message) referring expressly to this Clause and authorized by a person duly authorized by the Service Provider and shall give the Customer not less than seven (7) days notice of such amendment.

  1. Force Majeure

The Service Provider shall not be liable for any breach of this Agreement caused by Act of God insurrection or civil disorder, war or military operations, national or local emergency acts or omissions of Government or other competent authority, industrial disputes of any kind (whether involving the Service Provider’s employees or contractors), fire, lightning explosion, flood, subsidence, inclement weather, acts or omissions of persons or bodies from whom the Service Provider is not responsible or any other case whether similar or dissimilar outside the control of the Service Provider.

  1. Termination by Customer

The Customer may terminate this Agreement at any time with fourteen (14) days written notice to the Service Provider. All outstanding charges shall become immediately payable on giving of such notice and in no circumstances shall the Customer be entitled to any refund of payments made under this Agreement.

  1. Service of Notice

Any notice or other document which may be given or served by the Service Provider under this Agreement shall be deemed to have been duly given or served if left at or sent by mail to the address at which the service is provided, or the address otherwise notified by the Customer or delivered to the Customers mailbox on the Service. The Service Provider’s address for service of any notice by the Customer under this agreement shall be 1010 N.W. Woods Chapel Rd. Suite A, Blue Springs, Missouri, 64015.

  1. Jurisdiction

This agreement shall be governed by the laws in force in the state of Missouri and each party hereto submits to the exclusive jurisdiction of the Courts in Eastern Jackson County of that State.

  1. Execution

This Agreement is deemed to have been executed when the Customer submits the duly completed Hartland Valley View, LLC.. Account Application Form or completes electronic registration via the Service.