|1. APPROPRIATE USE OF THE SERVICES
- 20 Miles North provides the services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such services.
Client Content. Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client - or through Client by a third party - to any 20 Miles North server in connection with Client's use of the services which:
- infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights) of 20 Miles North or any third party;
- violate any state, federal or foreign laws or regulations;
- are defamatory, slanderous or trade libelous;
- are threatening or harassing;
- are discriminatory based on gender, race, age, or promotes hate.
- contain viruses or other computer programming defects which result in damage to 20 Miles North or any third party.
- Bandwidth. Client may occupy only the amount of disk space on 20 Miles North server and utilize no more than the network bandwidth that is allotted by. 20 Miles North Additional fees, specified in the plans and packages page, will be charged for exceeding the disk space and/or network bandwidth allowance of your selected plan.
- No "SPAM". Client shall not use the services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Client also shall not engage in any unsolicited email practices at, 20 Miles North or otherwise, that mentions or reference any domain hosted on 20 Miles North servers or parked on 20 Miles North DNS servers. NOTE: THIS POLICY APPLIES TO VIRTUAL SERVER AND RESELLER ACCOUNTS, AND ALL DOMAINS, NAMES SERVERS AND PARKED DOMAINS HOSTED ON THE SERVER. (Violators will be fined! Refer to our UCE (SPAM) Policy).
- Licensed Software Only. Client agrees to use only properly licensed third party software in connection with Client's use of the services.
- Back-Up Files. 20 Miles North does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, Client is responsible for making back-up files in connection with its use of the services. Backup capability is available through the Client's Control Panel. If data loss occurs due to negligence of Client in securing their account or by an action of the Client, 20 Miles North will attempt to recover the data from the most recent archive for a $50.00 fee.
- Termination. 20 Miles North reserves the right to refuse service to anyone. 20 Miles North, in its sole discretion, may immediately terminate this Agreement if Client engages in any of the foregoing. To report any unacceptable behavior by a third party using the services, please contact Customer Support.
2. PAYMENT OBLIGATIONS
- Full payment is required from Client before any Service is rendered, which includes renewals. All payment-due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax.
- Prompt Payment. Client must promptly remit payment to 20 Miles North when it is due. If payment or credit authorization is not received by the date due, 20 Miles North reserves the right to delete all content from the Client's website and make it inaccessible to Client. Furthermore 20 Miles North shall utilize the services of collection agencies to collect amounts due and also reserves the right to report delinquent accounts to credit bureaus.
- Domain Names. If Client chooses to register a domain name(s) through 20 Miles North, Client acknowledges and agrees that Client will pay a registration fee(s) to register the domain name(s) with the applicable domain name registrar. 20 Miles North does not offer refunds for domain name registrations for any reason, including misspelling of the domain name.
3. CLIENT LIABILITY AND INDEMNIFICATION
You agree to use all 20 Miles North services and facilities at your own risk. 20 Miles North specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall 20 Miles North be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Client agrees that it shall defend, indemnify, save and hold 20 Miles North harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against 20 Miles North, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, it's agents, employees or assigns. Client agrees to defend, indemnify and hold harmless 20 Miles North against liabilities arising out of:
(1) any injury to person or property caused by any products sold or otherwise distributed in connection with 20 Miles North services;
(2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
(3) copyright infringement and
(4) any defective products sold to customer from 20 Miles North' servers.
20 Miles North shall be the sole judge of what violates this Policy.
4. TERM, TERMINATION & CANCELLATION
Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services ("Billing Cycle Date"), and shall automatically renew and continue in effect for the period of time selected during the signup process ("Billing Cycle") or specified by separate agreement or unless terminated earlier pursuant to the provisions of this Section 4. Either party will have the right to terminate this agreement; however, notification of termination must be received at least ten business days prior to your billing cycle date in order to avoid charges in full for the next billing cycle. If Client is terminating this agreement, Client must request cancellation by emailing the 20 Miles North billing department. 20 Miles North will respond with a cancellation email, which Client shall retain as proof of termination. It is the Clients responsibility to secure email confirmation from 20 Miles North that account has been cancelled. If the Client has not received email confirmation of account cancellation, then the account remains active, and you will continue to be invoiced. If Client has a balance due at the time of termination, this balance must be paid in full. Termination does not absolve Client of any outstanding financial obligations. All Client cancellation requests will become effective within 30 days after termination notice has been provided to 20 Miles North. Any other attempt by Client to cancel this agreement by written or e-mail notice shall be void. Sections 3 - 8 shall survive termination or expiration of this Agreement. In case that the Client's continuing usage of the service is jeopardizing the stability of 20 Miles North' service to other clients, 20 Miles North reserves the right to immediately terminate this agreement.
5. PRICE CHANGES
20 Miles North reserves the right to change the price of any services at any time with a 30 days notice to current Clients. Currents Client will not be affected by any price change throughout any existing contract ("Billing Cycle") period.
Client will pay and indemnify and hold 20 Miles North harmless from any and all taxes associated with or arising from Client's use of the services, including any penalties and interest and any costs associated with the collection or withholding thereof.
7. DISCLAIMER OF WARRANTY
THE SERVICES, THE 20 Miles North SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE 20 Miles North SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. 20 Miles North DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, 20 Miles North SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.
8. LIMITATION OF LIABILITY
IN NO EVENT SHALL 20 Miles North BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE 20 Miles North SITE OR ANY 20 Miles North PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL 20 Miles North' CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN FIFTY DOLLARS ($50 US).
If any of the provisions, or portions thereof, of this agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This agreement (including the exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by 20 Miles North. Any waiver or any provision of this agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys' fees. This agreement is made under and shall be governed by the laws of the United States of America and Canada, except with regard to their conflict of law rules. This agreement and 20 Miles North' policies are subject to change by 20 Miles North without notice. Continued usage of the services after a change to this agreement by 20 Miles North or after a new policy is implemented and posted on the 20 Miles North site constitutes your acceptance of such change or policy. We encourage you to regularly check the 20 Miles North site for any changes or additions.