Terms of Services 17,December 1998
1. APPROPRIATE USE OF THE SERVICES.
You agree to the terms of our Acceptable Use Policy, which are stated at in full at
www.shoma.net/tos.html Shoma.net Computer (LLC) shall be entitled to immediately
terminate this Agreement if Shoma.net Computer (LLC) determines that your account is in
violation of portion of its Acceptable Use Policy
2. PAYMENT OBLIGATIONS.
All services provided by Shoma.net Computer (LLC), LLC are due and payable in advance of
services being provided. Shoma.net Computer (LLC), LLC accepts VISA, MasterCard, Novus
(Discover) and American Express credit cards. If you have chosen to pay via credit card,
your credit card will be automatically debited. If you remit payment to Shoma.net
Computer (LLC) via check, any invoices you receive should be considered due upon
receipt.
Any invoices that have not been paid within 10 days of being delivered via email will be
considered past due, and your account will be considered delinquent. In the event that
your account be considered delinquent, we will contact you via email to request payment.
If payment is not rendered in 2 business days after a request for payment, your account
will be suspended. If your account is suspended, you will have to pay any balance due
plus a $50 reconnection fee for Shoma.net Computer (LLC) to restore service. If you
would like your account reconnected after business hours, you will be charged a minimum
reconnection fee of $175. If it takes more than one hour to reactivate your account, any
additional time required will be billable at $175 per hour, in 15 minute increments.
Billing disputes must be made in writing within 30 of the original invoice date. Any
disputes after the initial 30 days will be considered null and void. Courtesy invoices
are supplied via e-mail on the recurring billing date. It is the customer's
responsibility to verify that the charges are appropriate and submit any disputes
immediately
If Client chooses to register a domain name(s) through Shoma.net Computer (LLC), Client
acknowledges and agrees that Client will pay a registration fee(s) to register the
domain name(s) with the applicable domain name registrar. Shoma.net Computer (LLC) does
not offer refunds for domain name registrations for any reason, including misspelling of
the domain name.
If Client terminates this Agreement in accordance with Section 4 hereunder, Client shall
be responsible for any outstanding fees owed to Shoma.net Computer (LLC) and agrees to
pay any and all fees incurred by Client. Clients who subscribe to services billed on a
monthly basis will not be eligible for refunds of any kind. Client will be responsible
for Service fees incurred each month regardless of when Client provides notice of
termination. Thus, for example, if Client provides notice to terminate on the 15th of a
particular month, Client will still owe fees for the entire month and such fees will not
be pro-rated or refunded. If Client has retained the Services for one (1) year and has
pre-paid Shoma.net Computer (LLC) for such Services, refunds will be issued for any
unused full month portions less one month of the Services upon Clients request.
Therefore, if Client's account is cancelled at any point during the one (1) year term,
Client will be entitled to a refund for all but one of the full months remaining after
notice given by the 25th of the preceding month.
Should Shoma.net Computer (LLC) be required to retain professional services in direct
relation to client's site (such as law enforcement / IRS / legal actions), client shall
be responsible for all third party expenses, in addition to administrative fees incurred
by Shoma.net Computer (LLC).
Shoma.net Computer (LLC) shall be entitled to immediately terminate this Agreement for
Client's failure to make timely payments to Shoma.net Computer (LLC).
3. CLIENT LIABILITY AND INDEMNIFICATION
The parties agree that in no event shall Shoma.net Computer (LLC) be liable to any third
party for Client's breach or alleged breach of any of the terms and conditions set forth
in this Agreement. Client agrees to defend, indemnify and hold harmless Shoma.net
Computer (LLC) from any and all expenses, losses, liabilities, damages or third party
claims resulting from Client's breach or alleged breach of any Client obligations set
forth hereunder.
4. TERM, TERMINATION, REINSTATEMENT
Subject to the terms and conditions hereof, this Agreement shall be effective on the
date you register for the Services, and shall continue in effect on a month-to-month
basis unless otherwise specified by separate agreement (the "Term") unless terminated
earlier pursuant to the provisions of this Section 4. Either party will have the right
to terminate this Agreement upon notice to the other party. If Client is terminating
this Agreement, Client must email billing@handynetworks.com. All cancellation requests
must be received one business day before the end of your term. Sections 3 - 9 shall
survive termination or expiration of this Agreement.
Shoma.net Computer (LLC), LLC provides a full 30 day satisfaction guarantee with all
virtual and reseller hosting accounts. If you should be unhappy with any virtual or
reseller hosting account within 30 days, a full refund will be issued within 24 hours,
minus any AUP violations and overages.
Shoma.net Computer (LLC) may run promotions from time to time which include free days.
Shoma.net Computer (LLC) will bill for these services in advance, however the official
billing date will not begin until the free days have been provided. If you cancel
service during free days, you will be issued a 100% refund within 24 hours, with
exception of AUP violations, which will void any refund and may incur additional
charges.
Client will pay and indemnify and hold Shoma.net Computer (LLC) 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.
5. DISCLAIMER OF WARRANTY
THE SERVICES, THE SHOMA.NET COMPUTER (LLC) SITE, INCLUDING WITHOUT LIMITATION, ALL
PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE SHOMA.NET COMPUTER (LLC) SITE, AND ALL
TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND
WITHOUT WARRANTY OF ANY KIND. SHOMA.NET COMPUTER (LLC) 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, SHOMA.NET COMPUTER
(LLC) 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.
6. LIMITATION OF LIABILITY
IN NO EVENT SHALL SHOMA.NET COMPUTER (LLC) BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF
DATA, PROFITS, USE OF THE SHOMA.NET COMPUTER (LLC) SITE OR ANY SHOMA.NET COMPUTER (LLC)
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 SHOMA.NET COMPUTER (LLC) CUMULATIVE LIABILITY
EXCEED AN AMOUNT GREATER THAN FIVE HUNDRED DOLLARS ($500 US).
7. LAWFUL PURPOSE
Shoma.net Computer (LLC) reserves the right to refuse service to anyone. Customers may
only use Shoma.net Computer (LLC) server for lawful purpose. Transmission of any
material in violation of any Federal, State or Local regulation is prohibited. This
includes, but is not limited to copyrighted material, material legally judged to be
threatening or obscene, and material protected by trade secrets. The designation of any
materials as such described above is left entirely to the discretion of Shoma.net
Computer (LLC) management. Regardless of the place of signing this agreement, the client
agrees that for purposes of venue this contract was entered into in Dubai , and any
dispute will be litigated or arbitrated in Dubai. Defendants further waive all
objections to venue and acknowledge that venue in any such litigation will be held in
Dubai courts.
8. DATA LOSS.
Shoma.net Computer (LLC) is not responsible for any data loss. Customers are strongly
encouraged to and are responsible for keeping local backup files of all sites. Any
backup services provided by Shoma.net Computer (LLC) are at our discretion and are not
guaranteed unless otherwise specified under separate contract. Restoration of files from
backup may incur restoration fees.
9. CUSTOMER EQUIPMENT.
Packaging for any hardware sent to Shoma.net Computer (LLC) will be discarded unless
otherwise requested. Packaging may be returned to Customer at Customer's sole expense if
requested prior to package receipt. Any packaging material stored at Shoma.net Computer
(LLC) premises will be subject to monthly storage fees. Customer will be responsible for
providing appropriate packaging materials for any hardware to be shipped from Shoma.net
Computer (LLC), as well as associated shipping expenses and labour charges to process
items for shipping. Customer equipment not picked up within 3 days of service
termination will be subject to storage fees and/or considered abandoned and will become
property of Shoma.net Computer (LLC). Any outstanding balances must be paid prior to
equipment being picked up or shipped. Shoma.net Computer (LLC) reserves the right to
sell/auction hardware to settle delinquent account balances.
10. MISCELLANEOUS.
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 Shoma.net Computer (LLC). 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 Arab Emirates, except with regard to
it's conflict of law rules. This Agreement and Shoma.net Computer (LLC) policies are
subject to change by Shoma.net Computer (LLC) without notice. Continued usage of the
Services after a change to this Agreement by Shoma.net Computer (LLC) or after a new
policy is implemented and posted on the Shoma.net Computer (LLC) Site constitutes your
acceptance of such change or policy. We encourage you to regularly check the Shoma.net
Computer (LLC) Site for any changes or additions.
