This agreement is between Bananaspider.com and you, the subscriber. Bananaspider.com is an access and hosting provider for the Internet and related services. Please READ this document. By accessing our services you agree to be bound by the terms and conditions of this agreement. If you do not agree to these terms and conditions, you may not access or use any of our services.
At all times Bananaspider.com will use its best efforts to provide uninterrupted access to the Internet and related services 24 hours a day, 7 days a week, but Bananaspider.com does not guarantee that. Any compensation for any interruptions shall be solely determined by Bananaspider.com and may be in the form of extension of service. Subscriber acknowledges that sometimes failures are beyond the control of Bananaspider.com. Bananaspider.com shall not be liable for any damages whatsoever that you may sustain as a result of any interruption in service for any reason.
Except for products or services clearly identified as being provided by Bananaspider.com, neither Bananaspider.com nor any of its affiliates control any information, products or services on the Internet in any way. You understand that the Internet contains information and materials that may be sexually explicit or offensive to you and other uncensored materials. All access by you is at your own risk. Bananaspider.com has no control over the "content" of the Internet. Bananaspider.com accepts no responsibility whatsoever for this "content".
No warranties of any kind, expressed or implied, are made and service provided by Bananaspider.com is "as available" and "as is." Any "content" made accessible by Bananaspider.com is not warranted to be free of viruses or any other harmful components. Bananaspider.com is not liable for any damage done to any person or any property as a result of any data acquired in any way through the facilities of Bananaspider.com. If you are dissatisfied with the service or with any terms, conditions, policies, or practices of Bananaspider.com, your sole and exclusive remedy is to discontinue using the service. If it is determined that any portion of this Agreement is unenforceable, by a court of law, then the unenforceable portion shall be construed in accordance with applicable law and retain the original intent as nearly as possible. In this event the remainder of the provisions shall remain in effect.
You may not use the services of Bananaspider.com to post, publish or transmit any unlawful or objectionable information of any kind, including threats, obscenity or pornography, profanity, or, including without limitation, any activity that would constitute or encourage any criminal offense, civil liability, or violate any local, state, national or international law. You may not post or transmit viruses or any other harmful components or inhibit or restrict anyone else from using the Internet. You may not transmit, reproduce, or in any way exploit any information, software, or other material obtained through Bananaspider.com for commercial purposes (other than as expressly permitted by the provider of such information, software or other material). Bananaspider.com assumes no obligation to monitor the service. However, you agree that Bananaspider.com has the right to monitor the service and disclose any information necessary to satisfy any law, or legal government request, and to operate properly, or to protect itself or its users. Bananaspider.com reserves the right to refuse service without notice or to remove any information at its sole discretion. Bananaspider.com does not allow the resale of any of our services without the express written consent of Bananaspider.com.
You will respect any copyright or any other intellectual or property rights. Infringement of these rights shall be grounds for termination of account. Bananaspider.com will not be responsible for any of your files that reside on our server or any of our facilities. You are responsible for maintaining a "mirror" or copy of all the files that you place on our facilities. Any time or effort expended by you to replace files on our facilities if such files should be lost are your responsibility. If subscriber's account shall be terminated for any reason, Bananaspider.com assumes no responsibility for any files on our facilities and any storage of such files.
You agree to defend, indemnify and hold Bananaspider.com harmless from any and all liabilities, costs and expenses, including reasonable attorney's fees and court costs, related to any violation of this agreement by you. If you subscribe to our services as an Individual you agree that you are the only authorized user of this service. For multiple users on one account, see Bananaspider.com Business Account Rates and Policies. Bananaspider.com shall not be responsible for any unauthorized use of your account and Bananaspider.com reserves the right to charge all use of your account, authorized or unauthorized, to you.
For merchants who accept on-line credit card transactions using Bananaspider.com facilities, your risk and liability to be PCI compliant lies solely with you the merchant. Bananaspider.com does not monitor the content of web sites hosted nor any e-commerce sites placed on Bananaspider.com servers. Bananaspider.com does not monitor content and the quality of web designer programming code that makes up the web site.
While Bananaspider.com attempts to maintain secure, reliable and updated web servers, email services, name servers, and other service and system components, Bananaspider.com makes no guarantees that this is always the case.
Nor does Bananaspider.com guarantee that any of its servers will be PCI compliant when scanned by an PCI-Security Standards Council Approved Scanning Vendor (ASV).
Bananaspider.com will not be liable for any fines, penalties, legal fees or any other liability incurred by merchant should there be a security breach regarding credit card or any other sensitive information where a Bananaspider.com server or any Bananaspider.com network component is a victim of, or a conduit for, such a security breach and the subsequent fraudulent use of unauthorized release of said information.
Any use of Bananaspider.com services constitutes your agreement of the above disclaimer.
Bananaspider.com does not provide free technical assistance beyond the initial set of equipment and installation and/or written instructions. Additional consultations or instructions shall be charged to you subject to Bananaspider.com's current Rates and Policies.
You are responsible for being familiar with all Bananaspider.com current pricing, billing procedures, and policies. Bananaspider.com reserves the right to change its rates at any time, subject to a 30 day notice to any current subscribers. Bananaspider.com shall maintain a current Rates and Policies Page(s) referenced from Bananaspider.com Home Page in our Access Account Information Section and other related pages, or by written form that is available upon request. Changes to any Policies shall be immediate and not subject to any advance notice. By accessing Bananaspider.com you agree to all terms of Bananaspider.com current Rates and Policies. If these Rates and Policies are changed and you do not agree with them, you will cease immediately any use of Bananaspider.com services. Continued use of Bananaspider.com services shall constitute your agreement with such changes. You agree to receive monthly invoices for services provided by Bananaspider.com electronically via your e-mail address, unless Bananaspider.com receives from you notification of alternate method. There is an additional charge for paper invoicing.
This Agreement shall constitute the entire understanding between you and Bananaspider.com. By entering into contract for service with Bananaspider.com, you agree to this entire Agreement and this Agreement supercedes any prior written or oral agreements. You attest and declare that you are over the age of 18 years and are legally able to enter into contracts.
The set up fee and one month payment is due in advance. After that, billing will be issued monthly, quarterly or biannually, at choice of user, in advance of usage. Online time over hours allotted will be billed at the end of each month and is due within 15 days. Overdue accounts will be disabled after being 30 days past due. We reserve the right to refuse access to Bananaspider.com to business or individual users who misuse the system or create public pages that include illegal materials. Each Bananaspider.com client will be required to sign a contract and release of liability that explains responsibilities and acceptable and unacceptable use of our facilities. The current Subscriber's Agreement is available upon request. Your use of our system in any way constitutes agreement by you of the policies set forth in our current Subscriber's Agreement.
Preferred payment method is credit card, Visa, MC or Am Ex. (We are in the electronic age with an electronic service & what could be more natural than to pay by electronic means?) When you open an account with Bananaspider.com and decide to pay by credit card, your credit card number will not be stored on any of our servers that are connected to the Internet. At no time will your credit card number be transmitted through the Internet via unsecure means. All debits to your account will be transacted through a standard electronic credit card machine or via direct dial-up to our merchant bank. You will receive all invoices via email. In addition, invoices can be snail-mailed to you for an extra $2 charge.
Our system will automatically enforce our terms of service: payment is due on the 25th of each month for that month's service. Late payments will be accessed a $2 late fee per month. If a payment is 30 days late, i.e. hasn't been paid in full by the 25th of the following month, all services will be suspended. (Your email and/or website will be disabled until payment is received.)
We reserve the right to refuse access to Bananaspider.com to businesses or individuals who misuse the system or create public pages that include illegal or offensive materials. Each Bananaspider.com client will be required to sign a contract and release of liability that will explain your responsibilities, acceptable, and unacceptable use of our facilities. The current Subscriber's Agreement is available upon request. Your use of our system in any way constitutes agreement by you of the policies set forth in our current Subscriber's Agreement.