2Shell Communications (2SHELL) Terms of Service (ToS)

$Revision: 1.3 $
Mar 20, 2003

This document is subject to periodic and continuing revisions. We expect each customer (USER) to consult this page periodically to stay informed about 2SHELL's Terms of Service (ToS).

If you have comments or questions please email them to webmaster@2shell.net

We reserve the right to terminate services, without notice, for any of the following reasons (non-exhaustive list):


USER Termination

Either 2SHELL or the USER may terminate service without cause upon 30 days written notice to the other party. E-Mail shall be deemed adequate notice by either party. Nothing limits 2SHELL'S right to terminate a USER immediately and without prior notice for violations of the AUP. In the event that 2SHELL terminates a USER, USER may be entitled to a refund of the balance at 2SHELL's sole discretion. USER will not be entitled to a refund of the set up fee.

2SHELL reserves the right to charge a $200 cleanup fee for the following policies violations (including, but not limited to):


Illegal Activities

2SHELL reserves the right to suspend or terminate any account without a refund upon discovery of its involvement in (including but not limited to) the following actions or events:


LIABILITY

USER agrees that 2SHELL shall have no liability for the services, data or information provided to the public on the Internet including but not limited to any liability for consequential, indirect, special or incidental damages, regardless of the success or effectiveness of other remedies.

USER further agrees that 2SHELL shall not be liable for any damages or losses sustained by USER for business or other activities conducted on the Internet including but not limited to consequential, indirect, special or incidental damages.

USER agrees that it shall not hold 2SHELL liable for any loss of business, lost opportunity, consequential, indirect, special or incidental damages as a result of any interruption in service.

IN NO EVENT SHALL 2SHELL'S LIABILITY EXCEED THE TOTAL VALUE PAID TO 2SHELL BY USER.

REPRESENTATION AND/OR WARRANTIES

2SHELL makes no representations and cannot guarantee that USER'S domain name does not infringe upon any trademarks, trade names, service marks or other proprietary rights owned by a third party. USER shall not hold 2SHELL liable for any damages, injuries or losses incurred by USER as a result of any action instituted by a third party.

SECURITY

USER understands that the Internet and other various networking communications are not secure, unless explicitly specified as such. 2SHELL MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. IN NO EVENT SHALL 2SHELL. BE LIABLE FOR ANY DAMAGES OR LOSSES, EITHER CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL INCURRED BY USER. IN NO EVENT SHALL 2SHELL LIABILITY EXCEED THE TOTAL COST OF THIS CONTRACT BETWEEN 2SHELL AND USER.

APPLICABLE LAWS

USER will ensure that its use of the Internet and any service provided by 2SHELL to it complies with all applicable federal, state and local laws and regulations, including but not limited to all laws pertaining to copyright, trademark, proprietary information, intellectual property rights, defamation, tortuous interference with business, invasion of privacy, and pornography*. In the event that USER violates this provision, 2SHELL shall have the right to consider same a breach of this Agreement by USER which shall entitle 2SHELL to terminate USER immediately without prior notice.

* It shall be within the sole discretion of 2SHELL to deem material as pornographic or inappropriate.

INTEGRITY OF INFORMATION

USER is solely responsible for validating the integrity of the information and data it receives or transmits over the Internet.

ACCOUNT SECURITY

USER shall be solely responsible for protecting the security of its Internet account and usage. USER'S password shall be considered private information and shall not be disseminated or in any other manner disclosed and/or transferred to third parties. 2SHELL shall not be liable for any breach of security caused by USER or third parties. IN NO EVENT SHALL 2SHELL LIABILITY EXCEED THE TOTAL COST OF THIS CONTRACT BETWEEN 2SHELL AND USER.

2SHELL will use its best efforts to maintain the integrity and security of USER'S password.

LEGAL ACTION

USER agrees to indemnify and hold 2SHELL harmless in any legal action which arises as a result of USER'S use of 2SHELL services, without limitation or exception including, but not limited to any action brought against USER by a third party.

MODIFICATION

The terms and conditions of this Agreement may be modified at the discretion of 2SHELL with 30 days notice to USER.

RENEWAL

If not renewed by the USER, service will be terminated on the last day of the paid-for term.