Русский текст

 This agreement represents the complete agreement and understanding between Join2day.com, Inc., (hereinafter called JOIN2DAY.COM) and the customer (hereinafter called CUSTOMER) and supersedes any other written or oral agreement. Upon notice published on-line via JOIN2DAY.COM, JOIN2DAY.COM may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change the services offered.  Submission of your account order shall constitute your acceptance of these Terms and Conditions. 

    1. Provision of services

    a.Service means - ANY act of serving the CUSTOMER, being provided by JOIN2DAY.COM, regardless of its duration and whether it's a paid service or a service for free. 
    b.Without limiting the scope of item 1.a. above, JOIN2DAY.COM will provide services on its host computing systems to individual CUSTOMERS in exchange for payment of fees and compliance with the terms and conditions of this document. 
    c.JOIN2DAY.COM Services are defined as the use by the CUSTOMER of computing, telecommunications, software, and information services provided by JOIN2DAY.COM. These services also include the provision of access to computing, telecommunications, software, and information services provided by others via the Global Internet. 
    d.For existing customers only, JOIN2DAY.COM may, with 30 days notice, amend the fees and/or charges for any future server usage and services. 
 

2 Payment Terms.

 a Set-Up Fee. Client will pay to JOIN2DAY.COM a one-time, non-refundable set-up fee according to JOIN2DAY.COM’s current Service Price Schedule, which is available on JOIN2DAY.COM’s home page (www.JOIN2DAY.COM) or upon request. 

b Service Fee. Client will pay to JOIN2DAY.COM a monthly Service Fee for the services provide by JOIN2DAY.COM under this Agreement according to JOIN2DAY.COM’s current Service Price Schedule, which is available on JOIN2DAY.COM’s home page or upon request. The Service Fee is billed to the Client at the beginning of each month and is due on the 20th day of the month in which the Service Fee is billed. The Service Fee is subject to adjustment, with notice, according to the current Service Price Schedule. 

c Contract Length and Cancellation. The minimum contract period for a Web hosting is based on a one year term. In the event Client cancels service, Client will be required to pay 75% of the monthly recurring fee for the equipment rental space, for each month remaining in the term.

d Breach.  Upon  a breach of the agreement pursuant to clause 6.4, JOIN2DAY.COM reserves the right to terminate service to Client. In the event JOIN2DAY.COM terminates service to Client because of a breach by Client, Client will be charged in full for the entire month in which the breach occurred. 

e Tax. These fees are exclusive of any and all federal, state, and local sales, use, value added, excise, duty and any other taxes assessed with respect to the services provided under this Agreement, except that Client’s income taxes and any sales or similar taxes on the sale of the Client products and services to end users shall be the sole responsibility of the Client. 
 

3. Use of Material 

    a.Public Domain materials (e.g., images, text, and programs) may be downloaded or uploaded using JOIN2DAY.COM services. ACCOUNT HOLDERS may also re-distribute materials in the public domain. The CUSTOMER assumes all risks regarding the determination of whether the material is in the public domain. 
    b.As provided by United States federal law and by International treaties, copyrighted materials (e.g., images, text, and programs) may not be uploaded using JOIN2DAY.COM services without the permission of the copyright holder. Copyrighted materials may be downloaded for personal use. Except as expressly permitted, materials under copyright may not be distributed to others. Copyrighted material may not be changed nor can the author attribution notices nor the copyright notices be modified. 
 

    3. Use of Services

    a.The CUSTOMER agrees to maintain a secure password to the account. Secure passwords are those that are between 6 and 8 characters long, contain upper and lower case letters, and numbers or other characters, and can not be found in direct or reverse order in a dictionary, without regard to the language of the dictionary. The CUSTOMER is solely responsible for changing its password as required to assure secure access to its account. 
    b.The CUSTOMER agrees to use the services provided by JOIN2DAY.COM as permitted by applicable local, provincial, state, and federal laws. The CUSTOMER agrees, therefore, not to use these services to conduct any business or activity or solicit the performance of any activity that is prohibited by law, libelous, or against any JOIN2DAY.COM policy. 
    c.JOIN2DAY.COM reserves the right to refuse service to any new or existing customers and refund the remaining balance on the account, if any. 
    d.The CUSTOMER is solely responsible for any legal liability arising out of, or relating to, his/her web site at JOIN2DAY.COM. The ACCOUNT HOLDER represents and warrants to JOIN2DAY.COM that it holds the necessary rights to permit the use of any of the items on his/her web site, and, that the use, reproduction, distribution, transmission or display of any data to the public, and any material to which the public can link through, or any products of services made available to the public through his/her web site, will not - 

    1.violate or potentially violate any criminal laws or any rights of any third parties, including, but not limited to, such violations as infringement or misappropriation of any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, business or personal dispute or argument, invasion of privacy or rights of celebrity, violation of any anti discrimination law or regulation, or any other right of any person or entity, or any personal or business argument or dispute; or 
 2.contain any material that is: unlawful, harmful, fraudulent, libelous, slanderous, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically, disputatiously, argumentatively or otherwise objectionable, including, without limitation, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, provincial, state, national or international law. CUSTOMER agrees to indemnify and to hold
  JOIN2DAY.COM, and any third party entities related to JOIN2DAY.COM, harmless from and against any and all liability, loss, damages, claims, or causes of action, including reasonable legal fees and expenses arising out of or related to: The CUSTOMER's breach of any of the forgoing representations and warranties, or any other third party claim with respect thereto.

    e.The CUSTOMER understands and agrees that hosting of the CUSTOMER's web site is at the sole discretion of JOIN2DAY.COM. JOIN2DAY.COM may at its sole discretion discontinue web site hosting service to any CUSTOMER operating a web site that JOIN2DAY.COM deems to be in violation of Section (3d.) of these Terms and Conditions. 
    f.JOIN2DAY.COM accounts cannot be transferred or used by anyone other than the subscriber. CUSTOMERS may not sell, lease, rent or assign the connection or parts of the connection to any party not named in this agreement, unless the CUSTOMER has entered into a Reseller Agreement with JOIN2DAY.COM. 
    g.Use of other organizations' networks or computing resources is subject to their respective permission and usage policy. 
    h.CUSTOMER will endeavour to prevent viruses from corrupting  JOIN2DAY.COM systems. JOIN2DAY.COM may run anti-virus programs to minimize damages. 
    i.CUSTOMER acknowledges that any recommendation by JOIN2DAY.COM employees for services or products auxiliary to JOIN2DAY.COM's services are the recommendations of that employee and not of JOIN2DAY.COM. JOIN2DAY.COM does not warrant the integrity or quality of the service or product provided by such third parties. 
     j. All the content of customer’s site is his private property and nobody can use it or change it without his prior consent. All the revenue from customer’s site is his property and only the customer can decide how to use it.
 

    5. Indemnification

  The CUSTOMER agrees to protect, defend, hold harmless and to indemnify JOIN2DAY.COM, its Executives, Directors, Officers, Managers, Employees, Consultants and Agents, from any claims, including attorney's fees, resulting from the CUSTOMER's use of JOIN2DAY.COM's services. 
 

     6. LIMITED LIABILITY

    a.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CUSTOMER UNDERSTANDS, AGREES AND ACKNOWLEDGES THAT IN NO EVENT AND UNDER NO LEGAL THEORY, SHALL JOIN2DAY.COM BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR, INCLUDING BUT NOT LIMITED TO, THE LOSS OF CUSTOMER'S DOMAIN NAME; ANY BUSINESS LOSS, REVENUE DECREASE, EXPENSE INCREASE; COSTS OF SUBSTITUTE
  PRODUCTS/SERVICES; OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING FROM, INCLUDING BUT NOT LIMITED TO, THE USE, OR INABILITY TO USE, ANY OF JOIN2DAY.COM'S SERVICES; ANY MALFUNCTION OR INCOMPATIBILITY OF TECHNOLOGIES INCLUDED WITH JOIN2DAY.COM'S SERVICES; ANY TECHNOLOGIES ADDED, REMOVED OR ALTERED BY CUSTOMER OR THIRD PARTY, INCLUDING BUT NOT LIMITED TO, SCRIPTS AND/OR SOFTWARE USED FOR OR ON THE CREATION OR OPERATION OF CUSTOMER'S WEB SITE. ALL OF THE FOREGOING IS APPLICABLE REGARDLESS OF WHETHER JOIN2DAY.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL JOIN2DAY.COM'S LIABILITY EXCEED THE INITIAL FEE OR ONE (1) MONTH'S FEE PAID BY CUSTOMER TO JOIN2DAY.COM. THIS LIMITATION OF LIABILITY AND RISKS IS REFLECTED IN THE PRICE OF JOIN2DAY.COM'S SERVICES. 
     b.The CUSTOMER acknowledges that JOIN2DAY.COM makes an honest effort to keep the information available on JOIN2DAY.COM's systems accurate. However, JOIN2DAY.COM can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity for the data and/or information available. Use of information obtained from or through JOIN2DAY.COM is at the risk of the CUSTOMER. 
    c.The CUSTOMER acknowledges that the information available through the interconnecting networks may not be accurate. JOIN2DAY.COM has no ability or authority over the material. JOIN2DAY.COM can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or information residing on or passing through these networks. Use of information obtained from or through JOIN2DAY.COM services is at the risk of the CUSTOMER.
    d.The CUSTOMER understands, agrees and acknowledges that JOIN2DAY.COM makes an honest effort to provide the CUSTOMER with Technologies, Developments and Innovations that part of them are being licensed, or co-branded, from or by, third-party entities. However, JOIN2DAY.COM can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, reliability or validity for the application(s), data and/or information involved in such items. JOIN2DAY.COM specifically disclaims all warranties of merchantability and and fitness for a particular purpose. The use of these application(s), data and/or information obtained from or through JOIN2DAY.COM, or any other referred third-party, directly or indirectly, is at the risk of the CUSTOMER. 
 
 

  7. Domain name registration

    JOIN2DAY.COM does not provide domain name registration for its customers.

  8. Payment of fees and penalties

    a.The JOIN2DAY.COM accounting cycle begins on the 1st of each month. Charges for new accounts are prorated. Charges for terminating accounts are not prorated. 
    b.Service payments will be submitted in advance of receiving services. The starting date of the billable period will be the earlier of - the day we receive the electronic order form or the day customer signs up via fax.
    c.The CUSTOMER acknowledges that he/she is responsible to initiate a payment in order to renew his/her service once the original service-period has ended. 
    d.Payment is due at beginning of each accounting cycle. 
    e.Delinquent accounts are those that remain unpaid 5 days  after beginning of accounting cycle. 
    f.Accounts that are delinquent are put on "accounting hold"  and may not be used. Accounts that are unpaid for a whole accounting cycle automatically have their files archived. Accounts that are unpaid for 2 accounting cycles have their files purged. JOIN2DAY.COM accounts continue to accrue charges while they are on hold. 
    g.There is a service reconnection charge equal to one half the currently charged set-up fee to remove accounts from accounting hold status. 
    h.The CUSTOMER acknowledges responsibility for the account until payment in full is made. 
    i.There is a US$15.00 service charge for each check which is not honored. 
    j.Trades, Charity and Promotional accounts are NOT qualified for our special discount on advance payment. 
    k.The CUSTOMER will be charged for excessive bandwidth usage (above the relevant allowance of the chosen service package). It is the CUSTOMER responsibility to monitor the amount of bandwidth of his/her account, on a daily basis. JOIN2DAY.COM has no obligation to warn the CUSTOMER regarding the excessive bandwidth usage. 
    l.CUSTOMER is responsible to ensure that payment to  JOIN2DAY.COM made by check or money order is sent to  the address as it appears on the JOIN2DAY.COM web site. 

    9. "NOT-TO-RENEW" Requests

    a.This agreement will commence upon the CUSTOMER's acceptance of it and continue on a month-to-month basis.
    b.For CUSTOMERS that pay on a MONTHLY basis ONLY - "NOT-TO-RENEW" requests for Join2day.com accounts must be given via a telephone call to Join2day.com's main office (Telephone number available on the contact section of Join2day.com's web site). Such requests must be received by 5 PM Eastern Standard Time on the last day of each month, in order to be processed by the end of the same month. 
    c.For CUSTOMERS that pay on a NON-MONTHLY basis (3,6 and 12 months) ONLY - "NOT-TO-RENEW" requests for JOIN2DAY.COM accounts must be given via a telephone call to JOIN2DAY.COM's main office. Such requests must be received by 5 PM Eastern Standard Time 15 DAYS before the account's anniversary date, in order to be processed before anniversary date. This will prevent an automatic renewal and charge). 
    d.All JOIN2DAY.COM accounts must be paid in full before the transaction will be considered complete. 
    e.JOIN2DAY.COM will provide a 30 day money back guarantee. The 30 days start from the earlier of - the day we receive the electronic order form or the day customer signs up via fax. In any case, the set-up fee, extra bandwidth and extra storage space charges are not refundable. 
    f.Cancellations will NOT generate ANY refund. 

  10. Abuse of Services
    a.Any use of JOIN2DAY.COM system resources that disrupts the normal use of the system for other JOIN2DAY.COM customers is considered to be abuse of system resources and is grounds for administrative intervention. Some examples of system abuse include, but are not limited to, spawning dozens of processes, consuming excessive amounts of memory or CPU for long periods of time, spamming or mass emailing using internal or external mail and/or news servers. Without limiting the scope of the above, JOIN2DAY.COM forbids the storage of illegal/pirated software (warez), the use of any type of IRC bot and/or proxy (including, but not limited to, bnc and eggdrop), the storage and use of any type of software intended for hacking/cracking purposes and the storage or sale of bulk e-mail lists intended for spamming or resale purposes. 
    b.Depending on the nature and the severity of the abuse, the user may receive an E-mail warning or have his/her account suspended by JOIN2DAY.COM Technical Support. If the misuse is unintentional, the suspension may be rescinded following discussion with JOIN2DAY.COM Technical Support. If the misuse is intentional, the suspension may be rescinded at the discretion of the Operations Manager, and may require the payment of a service re connection charge. Occasionally, unintentional misuse is misclassified as intentional misuse. Customers who believe their activity has been misclassified may appeal to the Operations Manager. However, spamming activities will result in immediate termination of services to CUSTOMER.
    c.Unethical and criminal offenses are violations of JOIN2DAY.COM conditions of use. You are expected to report to JOIN2DAY.COM any information you may have concerning instances in which the conditions of use have been or are being violated. When JOIN2DAY.COM becomes aware of possible violations, we will initiate an investigation. At the same time, in order to prevent further possible unauthorized activity, JOIN2DAY.COM may suspend access to services to the individual account in question. Confirmation of violations may result in cancellation of the individual account and/or criminal prosecution. The account suspension may be rescinded at the discretion of the Operations Manager, following payment of a reconnection charge $50US. 

    11. IP Addresses

  JOIN2DAY.COM maintains control and ownership of any and all IP numbers and IP addresses that may be assigned to the CUSTOMER and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses. 

    12. Intellectual Property

  CUSTOMER warrants that it will not copy, reproduce or republish any material, in whole or in part, located on the JOIN2DAY.COM'S web site without JOIN2DAY.COM's prior written consent. CUSTOMER will not use the trademarks or copyrights of JOIN2DAY.COM. CUSTOMER will not misrepresent its relationship with JOIN2DAY.COM or attempt to pass itself off as JOIN2DAY.COM or in any way claim that it's JOIN2DAY.COM. 

  13. Year 2000 (Y2K)

  The CUSTOMER understands and agrees that Join2day.com's services are based on STANDARD Internet technologies that have been designed to work in the Year 2000 and beyond on a "Best Efforts" basis (rather than "Contractual" basis). Although Join2day.com takes the Y2K issue seriously and continues to evaluate its readiness, given the true nature of Year 2000 issues, contractual warranties specific to Year 2000 readiness are NOT appropriate. It is a simple fact that a single technology provider can NOT solve all issues related to the transition to the Year 2000. Accordingly, the limited warranties for Join2day.com's services are set forth in the Terms & Conditions page. Join2day.com will continue to keep its customers informed.  The information we disseminate about year 2000 readiness does NOT constitute an extension of any warranty for  Join2day.com's services. Join2day.com provides this information to our customers to help them in evaluating and correcting potential issues for using dates into the next century. 
 

   14. Assignment and Agents

    a.The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective successors, executors and administrators, as the case may be, provided that the CUSTOMER may not assign or delegate its rights and obligations under his business relationships with JOIN2DAY.COM, either in whole or in part, without the prior written consent of JOIN2DAY.COM. JOIN2DAY.COM may assign its rights and obligations under this Agreement to a third party in connection with a merger, consolidation, sale of all or substantially all of JOIN2DAY.COM's assets or other corporate reorganization. 
    b.CUSTOMER agrees that if an application for domain name registration or web hosting completed by an agent for the CUSTOMER (sometimes called Administrative Contact), the CUSTOMER is nonetheless bound as a principal by all terms and conditions herein. 
 

     15. Governing Law/Severability

  Any Agreement, arising from the business relationships between JOIN2DAY.COM and the CUSTOMER, will be governed by and construed in accordance with the laws of the New York State, USA, without reference to its conflicts of laws principles. CUSTOMER agrees that any litigation or arbitration between the parties will take place in the New York State, USA, and consent to personal jurisdiction and venue in that State. If any provision of that Agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of that Agreement will continue in full force and effect. 

  16. Age of Majority

  JOIN2DAY.COM cannot accept agreements and payments from persons under the age of 18 years. Therefore, JOIN2DAY.COM requires that its agreements be made with a person who is qualified to contract. As such, the CUSTOMER must be over the age of 18 years. Otherwise, a parent or guardian must accept this agreement and ensure the proper payment. 

     17. Complete Understanding/Modification

These Terms & Conditions constitute the full and complete understanding and agreement of the CUSTOMER and JOIN2DAY.COM, relating to the subject matter hereof, and supersedes all prior understandings, agreements, representations and warranties relating to such subject matter. Any waiver, modification, or amendment of any provision of this Terms & Conditions, initiated by the CUSTOMER, will be effective only if accepted in writing and signed by JOIN2DAY.COM.