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By visiting this Web site and/or using or purchasing goods
and/or services from or through this Web site, over the phone, or in person, you
agree to be subject to the terms and conditions set forth herein and all
applicable laws. We reserve the right to revise these terms and conditions and
any product offerings or pricing at any time.
This offer is expressly conditioned upon your acceptance of
these Terms of Service ("Terms"). Your use of or access to services provided by
Accounting-USA.com constitutes your Agreement to these Terms. This offer and
your acceptance thereof represents the entire agreement between you and
Accounting-USA.com, and supersedes any and all other communications, prior,
contemporaneous or subsequent, and any course of performance or course of
dealing, except as modified by revisions of this posting by Accounting-USA.com
or by written agreement by an authorized officer of Accounting-USA.com
(provided, however, that any such revised posting shall take effect
prospectively from the date of the posting.) The Terms and the relationship
between you and Accounting-USA.com shall be governed by and interpreted in
accordance with the laws of the Commonwealth of Virginia, United States of
America, without reference to its principles of conflicts of law.
Accounting-USA.com reserves the right to send notices to its customers of
changes to the Accounting-USA.com Privacy Statement or these Terms of Service,
or of any material changes affecting their service.
It is your responsibility to keep Accounting-USA.com notified
of any changes to your e-mail address or other contact information to assure
that customers receive all such notices from Accounting-USA.com. Billing and
contact information can be updated by contacting Accounting-USA.com at
YDaniels@Accounting-USA.com.
Customers are responsible for keeping billing information up
to date. Accounting-USA.com reserves the right to suspend an account if, for any
reason, we are not able to process payment through the credit card or payment is
outstanding.
If a check received by us for payment is returned for any
reason, Accounting-USA.com reserves the right to suspend or cancel service until
the payment plus a $35.00 returned check fee, has been received by us.
Accounting-USA.com reserves the right to accept only US Postal money orders as
payment if any check is returned for any reason. We may also require that you
pay by credit card for future payments.
Refund and Cancellation Policy
Unless specifically noted otherwise for the service that you signed up
for, you are free to cancel your service at any time.
If you purchase a service that includes a 30-day trial, you
are allowed to make full use of the service after signup. If you decide to
cancel such service for any reason, you must send an e-mail within 30 days of
your signup date to YDaniels@Accounting-USA.com and we will reply to your email
with a form in order to verify your identity; once we receive the completed
form, we will cancel the service within one business day and you will not be
charged any setup or recurring fees. However, if you do not cancel during this
30-day trial period, then you will be obligated to pay all fees that you have
incurred from the signup date until your cancellation date.
If you purchase a service that includes a 30-day money-back
guarantee, Accounting-USA.com will refund all monthly fees previously paid by
you upon your request. The 30-day money-back guarantee refers to credit-card
payments only. Due to the costs associated with processing payments made by
check and Western Union, we are not able to offer the 30-day money-back
guarantee for customers who utilize these payment methods.
We will allow returns of products within 10 days of delivery.
You must contact us for an RMA prior to returning your merchandise.
Refusal of delivery is also acceptable.
Set-up fees, fees for products not included in your service -
such as domain names - and monthly charges incurred after the first 30 days are
not refundable.
If you select the quarterly or annual payment option and
choose to cancel your account, after the first 30 days you may be eligible for a
partial refund. Accounting-USA.com will charge you the current monthly rate for
the months you were a customer and refund any balance. Your refund will
generally be made in the same form of payment you choose to use when paying for
your service (e.g., credit card, check or Western Union).
The terms and conditions, Terms of Service, product offerings
and pricing are subject to change at any time, without notice
User Data
Pursuant to Accounting-USA.com's Privacy Statement, Accounting-USA.com may
disclose to third parties certain aggregate information contained in your
Registration Data or related data, provided that, such information will NOT
include personally identifying information, except as specifically authorized by
you or in the good faith belief that such action is reasonably necessary to
comply with the law, legal process, to enforce the Terms, or under any of the
other circumstances set forth in the Accounting-USA.com privacy policy, as may
be amended from time to time.
Service and Content
Accounting-USA.com services may only be used for lawful purposes.
Transmission or solicitation of any material that violates United States
Federal, State or other laws that may apply in this jurisdiction or your local
area is prohibited. This may include material that is obscene, threatening,
harassing, or libelous, promotes gambling, or is in any way a violation of
intellectual property laws. No material may be stored on or transmitted through
any servers hosted by Accounting-USA.com that would commonly be considered
"indecent" or "appealing to the prurient interest" also commonly referred to as
"adult" material, nor will any links to such Web sites be tolerated within the
content hosted by Accounting-USA.com.
Reseller Program
Resellers who sign up clients to become customers of Accounting-USA.com
are subject to the following additional terms: By signing up a customer to
Accounting-USA.com, the Reseller agrees both on behalf of such reseller and on
behalf of each customer signed up by such reseller, to Accounting-USA.com Terms
of Service as in effect from time to time. In the event any customer site is
determined by Accounting-USA.com to be in violation of these Terms of Service,
Reseller shall upon receipt of notice from Accounting-USA.com to such effect,
take prompt steps to remedy such situation, so that the site is in full
compliance with these terms of Service as determined by Accounting-USA.com.
Accounting-USA.com is not responsible for the actions, or
misrepresentations of resellers. Reseller hereby agrees to indemnify
Accounting-USA.com from and against any and all claims made by any such customer
which result from Reseller's misrepresentation, breach of these Terms of Service
or other improper actions of such reseller. Accounting-USA.com reserves the
right to revise its reseller program and these Terms of Service at any time.
Changes shall take effect when posted to this site by Accounting-USA.com.
Customers who have been signed up by such resellers hereby
agree to operate their web sites in accordance with these Terms of Service as in
effect from time to time.
Reseller assumes all responsibility for the billing and
technical support for each customer signed up by such reseller.
Accounting-USA.com reserves the right to refuse any inquiry made to technical
support by each customer signed up by any reseller.
Spam Policy
Due to strict SPAM prevention policies implemented by 3rd party e-mail
systems (such as AOL and Hotmail) and our mission to provide reliable e-mail
service to our customers, we have a strict policy of zero-tolerance towards any
e-mails sent out by a customer that may jeopardize our ability to deliver other
customers e-mails to 3rd party mail systems.
Our e-mail hosting service is not designed for sending out large quantities of
e-mail marketing messages. There are 3rd party companies that exclusively focus
on delivering marketing e-mails, such as
http://www.ConstantContact.com ,
http://www.JangoMail.com
, and http://www.topica.com.
Please note that we do not recommend any of these companies; rather they are
listed just as examples.
The sending or facilitation of the sending of bulk e-mail of any kind, other
than verifiable, Double Opt-in email is strictly prohibited. Additionally, such
Double Opt-in e-mail must be limited to a total of 200 e-mails per calendar
month across all users in your account. If you need to send out a larger
quantity of e-mails, then you must use a third-party e-mail marketing service
such as one listed above. Double Opt-in means that when the user enters their
email address on your website, they are sent an email CONFIRMING the opt-in,
requiring them to click a LINK to verify that they opted in for your mailing.
You may not mail to that email address unless they have confirmed the opt-in. At
any time, upon Accounting-USA.com's sole discretion, you may be required to
provide documented proof that all of your end-users have CONFIRMED an opt-in.
This can be done by storing the IP address, a date-timestamp, and a unique ID
for the confirmation. At its sole discretion, Accounting-USA.com will determine
from all of the evidence whether the email recipients were from an "Double
Opt-in" email list and take appropriate action.
Sending unsolicited commercial or bulk e-mail or any other
method of distributing electronic messages to recipients who have not requested
them, otherwise known as "spam" from our servers, or sending such e-mail with a
Accounting-USA.com-hosted Web site listed as the contact address, or any use of
Accounting-USA.com's services or systems associated in any way with such
mailings is strictly forbidden. Accounting-USA.com will immediately terminate,
without any warning, the account of any customer who conducts these activities.
Accounting-USA.com also reserves the right to remove customers who send
mass/spam news postings, as well as any accounts advertising or distributing
software or services that may contribute to news or e-mail spamming.
Accounting-USA.com reserves the right to report such violations to the proper
government authorities, as well as Internet service providers, and Internet
control organizations. To report spam, please forward the spam with all original
headers to YDaniels@Accounting-USA.com.
Credit Cards & Payments
It is a violation of these Terms for you to misuse or fraudulently use credit
cards, charge cards, electronic funds transfers, and/or electronic checks. By
purchasing products or services from Accounting-USA.com, you are acknowledging
that you are authorized to use such payment devices and accept full
responsibility for the purchase. A determination of such misuse or
fraudulent use shall be in Accounting-USA.com's sole discretion. Further,
Accounting-USA.com shall report, and you shall waive all rights to privacy, to
the extent permitted by law, all such misuses and fraudulent uses as determined
by Accounting-USA.com in its sole discretion to appropriate government
authorities, credit reporting services, financial institutions and credit card
companies.
Network Attacks
It is a violation of these Terms for you to attempt to breach or to breach the
security or firewall systems of Accounting-USA.com, its Internet access
provider, or its Affiliates. If you become aware of such an attempt to breach or
actual breach, please notify us at YDaniels@Accounting-USA.com. Complaints may
be investigated by Accounting-USA.com but Accounting-USA.com is under no
obligation to act or not act with regards to any complaint. Any action taken on
a complaint will be at the sole discretion of Accounting-USA.com. Notice of
attempts to breach or actual breaches of such security or firewall systems
should be directed to: YDaniels@Accounting-USA.com. Accounting-USA.com may
terminate this agreement and your access to any or all Services at any time,
with or without cause, effective immediately. Accounting-USA.com shall have no
responsibility to notify any third-party providers of services, merchandise, or
information, nor any responsibility for any consequences resulting from such
discontinuance or lack of notification. Anyone determined by Accounting-USA.com
to have violated these Terms of Service may be barred from receiving any
services from Accounting-USA.com.
You may terminate this Agreement at any time by way of the follow process: send
an email to YDaniels@Accounting-USA.com to request a cancellation. Once we
receive your cancellation request, we will cancel all Services and such date
will be considered the date of termination.
Termination, by us or you, does not release you of any past
or current fees owed for Services rendered through the date of termination.
LIABILITY LIMITATION
YOU AGREE THAT ALL ACCESS AND USE OF ACCOUNTING-USA.COMAND THE CONTENT
THEREOF IS AT YOUR OWN RISK. IN NO EVENT SHALL AACCOUNTING-USA.COM BE LIABLE TO
YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR
PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO ACCESS OR USE (i) ACCOUNTING-USA.COMAND/OR
ITS CONTENT, (ii) ANY TOOLS OR SERVICES ON ACCOUNTING-USA.COM, (iii) ANY
CUSTOMER CONTENT ON EXPET APPROACH'S SERVERS, OR OUT OF ANY ERRORS OR OMISSIONS
IN THE CONTENT THEREOF. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEB SITE,
SITE-RELATED SERVICES, PRODUCTS, AND/OR CONTENT CONTAINED WITHIN THE WEB SITE,
OR WITH THE EXTENT TO WHICH SUCH WEBSITES ARE "UP" OR ARE AVAILABLE FOR ACCESS
BY YOU OR OTHER USERS OF THE INTERNET, IS TO STOP USING ACCOUNTING-USA.COM
WARRANTY LIMITATION
ACCOUNTING-USA.COM AND ITS CONTENT ARE PROVIDED "AS IS", WITH NO
WARRANTIES WHATSOEVER. ALL REPRESENTATIONS AND/OR WARRANTIES OF ANY KIND, EITHER
EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, WITHOUT PARTICULAR LIMITATION TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST
EXTENT PERMITTED BY LAW. ALL CUSTOMERS ACKNOWLEDGE THAT ANY WARRANTY THAT IS
PROVIDED IN CONNECTION WITH ANY PRODUCT AND/OR SERVICE AVAILABLE THROUGH ACCOUNTING-USA.COM
IS PROVIDED SOLELY BY THE OWNER, ADVERTISER, OR MANUFACTURER OF THAT PRODUCT
AND/OR SERVICE, AND NOT BY ACCOUNTING-USA.COM
Severability
If any provision of these Terms should, for any reason, be held invalid or
unenforceable in any respect, the remainder of these Terms shall be enforced to
the full extent permitted by law. A court of competent jurisdiction is hereby
empowered to modify the invalid or unenforceable provision to make it valid and
enforceable.
Waiver Of Jury Trial
Both you and Accounting-USA.com hereby agree to waive all respective
rights to a jury trial of any claim or cause of action related to or arising out
of these Terms. The scope of the waiver is intended to be all encompassing of
any and all disputes that may be filed in any court and that relate to the
subject matter herein, including without limitation, contract claims, tort
claims, breach of duty claims, and all other common law and statutory claims.
You and Accounting-USA.com each acknowledge that the waiver is a material
inducement for each party to enter into a business relationship, that each party
has already relied on the waiver in entering into these Terms and that each will
continue to rely on the waiver in their related future dealings. Each party
further warrants and represents that each has had the opportunity to have legal
counsel review the waiver. The waiver is irrevocable, meaning that it may not be
modified either orally or in writing, and the waiver shall apply to any
subsequent amendments, renewals, supplements or modifications to these Terms. In
the event of litigation, these Terms may be filed as written consent to a trial
by court.
Miscellaneous
These Terms shall bind and benefit the successors and heirs
of the parties.
By visiting this Web site and/or using or purchasing goods
and/or services from or through this Web site or over the phone, you consent to
the federal and state court of the Commonwealth of Virginia having jurisdiction
over you.
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