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Terms of Service and Conditions
Terms
Of Service with OCC/VSG Hosting, owned by Visual Solutions Group
(VSG), hence shall be referred to/as OCC/VSG ) shall now has developed
and operates a website store and transfer service (Web Hosting "Services")
on Web Servers with access over the Internet. You wish to use these
Services as a registered "User". To sign up as a User
and to use the Services you must be at least 18 (eighteen) years
of age. In consideration of the promises set forth below, You agree
as follows: This Agreement shall remain in effect until terminated.
If You are not satisfied and You wish to cancel Your account within
days of the day that OCC/VSG activates Your account, You may do
so and receive a full refund of all money paid, except for the OCC/VSG
setup fees and InterNIC charges and registration fees associated
with domain name registration. After the initial 30 day period,
Upon termination, You shall no longer be entitled to use the Service.
This agreement will automatically renew for the same interval as
the original contract until cancelled. To terminate your account
at the end of the term You must notify us in writing at least 10
days prior to the termination date. Customers paying by credit
card expressly agree to have their credit card account billed for
all recurring charges, including the renewal periods unless terminated
as provided herein. You agree that internetworking communications
are not secure, and may be subject to interception or loss. OCC/VSG
makes no warranties of any kind, express, implied, or statutory
concerning the data or information available through the OCC/VSG
network. Further, OCC/VSG does not guarantee 100% availability of
the network or its servers and disclaims any such warranties whether
actual or implied. LIMITED WARRANTY The Service, its use and the
results of such are provided "AS IS." TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, OCCHOSTING AND ONLINECOMMERCECORP
INC. DISCLAIM ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABLILITY AND FITNESS
FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVCE, ITS USE AND
THE RESULTS OF SUCH USE. WITHOUT LIMITING THE FOREGOING, OCC / VSG
HOST SPECIFICALLY DISCLAIMS ANY WARRANTY (A) THAT THE SERVICE WILL
BE UNINTERRUPTED OR ERROR-FREE, (B) THAT DEFECTS WILL BE CORRECTED,
(C) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (D) THAT
THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT, OR (E) REGARDING
THE CORRECTNESS, ACCURACY, OR RELIABILITY OF THE SERVICE. APPLICABLE
LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU. LIMITATION OF LIABILITY OCCHOSTING.COM
OR VISUAL SOLUTIONS GROUP INC. SHALL NOT BE LIABLE TO YOU OR ANY
OTHER PERSON FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSQUENTIAL
DAMAGES OF ANY CHARACTER ARISING OUT OF THE USE OF OR INABILITY
TO USE THE OCCHOSTING HOST SERVICE OR ANY INFORMATION PROVIDED ON
THE OCC HOST WEB SITE OR ANY OTHER HYPERLINKED WEB SITE, INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, ANY LOST PROFITS,
BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION
HANDLING SYSTEM OR OTHERWISE, EVEN IF OCCHOSTING OR A VSG AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES
IN THE WEB SITE OR ANY HYPERLINKED WEB SITE. BECAUSE SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS,
OCC LIABILITY IS LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW.
THIS PARAGRAPH WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE OR LIMITED
REMEDY. Neither the rights nor the obligations arising under this
Agreement are assignable or transferable by You, and any such attempted
assignment or transfer shall be void and without effect. You shall
not provide, promote, distribute, place or otherwise publish as
a User of the Service any content, or Web site that includes content,
which is libelous, defamatory, obscene, pornographic, multi-level
marketing based, abusive, fraudulent or violates any law, You may
not use your space as storage and pull images from a different site
or will not use any material protected by copyright. Images used
in your site are in compliance with 18 U.S.C. 2257, You will not
use any material containing, "beastiality" or "child
porn". . As OCC/VSG may not review all information provided
by You, You shall remain solely responsible for Your content and
Web site. Adult (non members) websites can select any hosting package,
Adult Membership sites must select adult packages. You specifically
agree that a violation of certain generally accepted guidelines
on Internet usage, such as restrictions on mass e-mailings and mass
advertising, or posting to inappropriate newsgroups, may cause severe
operating difficulties for OCC/VSG, and would be cause for the termination
of my account along with a penalty of .10 for each occurrence of
inappropriate Internet usage in any form. Payment of a penalty by
You does not waive any of Our legal rights for damages, additional
penalties, sanctions or other judicial remedies. OCC/VSG RESERVES
THE RIGHT TO DEEM ANY SITE INAPPROPRIATE AND TERMINATE THE SITE
AND YOU AS A USER. You agree not to resell or allow the use of your
site by other persons or companies unless you have registered and
paid the reseller fees. If You do allow such usage You will be subject
to automatic conversion to Reseller status and will be billed as
such. If you do not pay for that level of service you may be terminated
immediately. OCC/VSG provides its services through facilities located
in several locations and jurisdictions. The Company is headquartered
in Florida. You are responsible for compliance with all applicable
federal, state and local laws. This Agreement shall be governed
by Florida law (except for conflict of law provisions). The exclusive
forum for any actions brought in connection with this Agreement
shall be in the state and federal courts in and for the State of
Florida and You consent to such jurisdiction. The application of
the United Nations Convention on the International Sale of Goods
is expressly excluded. By registering, I certify I am at least 18
years of age and agree fully to all terms and conditions of this
Agreement. This Agreement represents the complete agreement concerning
this license and may be amended only by a writing executed by both
parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY
MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND
NOT THOSE IN YOUR PURCHASE ORDER. If any provision of this Agreement
is held to be unenforceable, such provision shall be reformed only
to the extent necessary to make it enforceable.-
Choice of Laws/Venues.
User agrees that any disputes involving this web site shall be adjudicated
to any federal or state court located in Fort Lauderdale, Florida.
User agrees to submit to jurisdiction and venue in any state or
federal court in Fort Lauderdale, Florida.
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