1. ORDER VALIDITY

Client certifies that the information provided in the order form is accurate, and any payment instrument used is legitimate.

In the event that an order is submitted with stolen credit card data or falsified contact information, client agrees to pay a $500 account handling fee PLUS all legal and investigative fees incurred by Off The Wall Web Works in tracking client's IP address to their internet provider and subsequent prosecution under civil and / or criminal law.

Off The Wall Web Works takes fraud very seriously, and reports all instances to the credit card processors, internet service providers, and the authorities.

2. APPROPRIATE USE OF THE SERVICES.

Off The Wall Web Works provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services.

Client Content

Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client - or through Client by a third party - to any Off The Wall Web Works server in connection with Client's use of the Services which:
 

• violate any state, federal or foreign laws or regulations;
• infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights) of Off The Wall Web Works or any third party;
• are defamatory, slanderous or trade libelous; 
• are threatening or harassing;
• are pornographic; 
• are discriminatory based on gender, race, age or promotes hate;
• violate any Off The Wall Web Works' policy posted on the Off The Wall Web Works' Site, including but not limited to these terms and conditions;
• contain viruses or other computer programming defects which result in damage to Off The Wall Web Works or any third party. 

Bandwidth

Client may occupy only the amount of disk space on the Off The Wall Web Works' Server and utilize no more than the network bandwidth that is allotted by Off The Wall Web Works. Additional fees, specified on the hosting plans page, will be charged for exceeding the disk space and/or network bandwidth allowance of your selected plan.  Multiple accounts which function as a single site may be charged fees as a single account if Off The Wall Web Works determines that the plans were ordered to avoid these excess charges.

NOTE: The bandwidth numbers available in the control panel only account for web (HTTP), email (POP) and FTP bandwidth.  If you are using excessive SMTP or sendmail, your bandwidth numbers can be higher.

CPU resources

Client may not use excessive CPU resources.  This ensures a fast server environment, and an equitable share of server function for all clients.  Any script, streaming media, or downloads that use exceptionally high server resources (such as constant and extended mail server use) may have to be removed unless suitable arrangements are made with Off The Wall Web Works.  While we will make every effort to work with the Client, Off The Wall Web Works reserves the right to immediately terminate any process and / or account that compromises the server's ability to deliver content for our clients.

Hosted applications such as "safelists" and paid-email programs that use exceptionally high resources by sending thousands of mail messages per day are subject to a surcharge as published on our site.

Client may not install or use an IRC bouncer, IRC bot or server program (such as psyBNC).  Such program processes are automatically terminated by the server, and accounts running such utilities will be deleted.

No "Sub-accounts"

Client may NOT resell space within their account.  Each account is for the sole use of the Client.  Evidence that space is being resold may be grounds for termination.  This condition also applies to resellers...each resold client is expected to have their own account. 

No "SPAM"

Client shall not use the Services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Client also shall not engage in any unsolicited email practices at Off The Wall Web Works, or otherwise, that mentions or references any domain hosted on Off The Wall Web Works' servers or parked on Off The Wall Web Works' DNS servers.  (Violators will be fined $500 per instance!).

Licensed Software Only

Client agrees to use only properly licensed third party software in connection with Client's use of the Services.

Back-Up Files

Client will have the ability to reinstate files which are automatically archived by Off The Wall Web Works; however, Off The Wall Web Works does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, Client is responsible for making back-up files in connection with its use of the Services. Backup capability is available through the Client’s Control Panel.

Termination

Off The Wall Web Works reserves the right to refuse service to anyone. Off The Wall Web Works, in its sole discretion, may immediately suspend any account and/or terminate this Agreement if Client engages in any of the foregoing. To report any unacceptable behavior by a third party using the Services, please contact abuse@neitsolutions.com.

Accounts that have been suspended and where Off The Wall Web Works has had no contact with client will be subject to deletion after 30 days in suspension.  There will be no backups available for accounts that are deleted.

3. PAYMENT OBLIGATIONS

Service Fees

In order to provide the best possible hosting value for our clients, we require clients to make timely payments.

For hosting: on the due date of each month, Off The Wall Web Works shall either (i) receive the scheduled fees from PayPal from the ongoing subscription, (ii) debit Client's credit card or U.S. bank account (where such information is provided by Client) or (iii) have delivered by e-mail or regular mail an invoice to Client, PayPal or otherwise, in accordance with the applicable Service fees for services rendered for the current month. Where an invoice is delivered to Client, Client shall remit payment to Off The Wall Web Works by no later than the payment due date specified on the invoice. While payment is generally due two days before account renewal date, Off The Wall Web Works reserves the right to adjust the due date on accounts with poor payment history or excessive collection activity.

Due to fees charged to us by our bank, Off The Wall Web Works will apply a $15 returned-check charge and reserves the right to add a fee of up to $2 for each declined credit card transaction.  Off The Wall Web Works may apply a $10 reactivation fee for any account that has been suspended for non-payment.  Closed accounts that must be referred to third-party collections for non-payment will be assessed an additional 35% of the balance due to cover the costs of third-party collection.

Off The Wall Web Works shall be entitled to immediately terminate this Agreement for Client's failure to make timely payments to Off The Wall Web Works.

If Client terminates this Agreement in accordance with Section 5 hereunder, Client shall be responsible for any outstanding fees owed to Off The Wall Web Works and agrees to pay any and all fees incurred by Client. Because the Services are provided on a monthly basis, 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 following the due date 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 Off The Wall Web Works for such Services, refunds will be issued for any unused full month portions of the Services upon Clients request.

Domain Names

If Client chooses to register domain name(s) through Off The Wall Web Works, Client acknowledges and agrees that Client will pay the "at-cost" registration fee(s) to register the domain name(s) at the then-current retail rates with the applicable domain name registrar. Off The Wall Web Works does not offer refunds for domain name registrations for any reason, including misspelling of the domain name when provided to us.  Off The Wall Web Works will apply a service charge of $15 to register each domain name on Client's behalf.  If Client chooses to discontinue service within the first month, money-back guarantee does NOT apply to domain name(s), which remain the property of Client and may be transferred to another host.

4. CLIENT LIABILITY AND INDEMNIFICATION

The parties agree that in no event shall Off The Wall Web Works 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 Off The Wall Web Works 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.

5. 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. Either party will have the right to terminate this Agreement upon notice to the other party.  Failure of Client to remit payment is not sufficient notice for cancellation of service, and Off The Wall Web Works may, at its discretion, continue to host Client's site.  Fees will continue to accrue until account deletion by Off The Wall Web Works or proper cancellation by Client.

Sections 3-10 of this agreement shall survive termination or expiration of this Agreement.  Reinstatement of accounts terminated by Off The Wall Web Works will be at Off The Wall Web Works' sole discretion. 

6. TAXES

Client will pay and indemnify and hold Off The Wall Web Works 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.

7. RESELLER RESPONSIBILITIES

Resellers are responsible for the actions of their resold accounts.

Off The Wall Web Works will bill reseller once a month for all resold accounts.  Reseller is responsible for all charges related to resold accounts, regardless of their ability to collect from the resold client.  Money-back guarantees and trial periods do not apply on resold accounts.  Payment conditions above apply.

8. DISCLAIMER OF WARRANTY

THE SERVICES, THE OFF THE WALL WEB WORKS' SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE NEIT SOLUTIONS' SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. OFF THE WALL WEB WORKS 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, OFF THE WALL WEB WORKS 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.

9. LIMITATION OF LIABILITY

IN NO EVENT SHALL OFF THE WALL WEB WORKS BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE NEIT SOLUTIONS SITE OR ANY NEIT SOLUTIONS 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 OFF THE WALL WEB WORKS' CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN FIVE HUNDRED DOLLARS ($500 US).

10. MISCELLANEOUS

Notices

Any notices or communication under this Agreement shall be in writing and shall be deemed delivered to the party receiving such communication at the address specified below (1) on the delivery date if delivered personally to the party, or a representative of the party; (2) one business day after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, whether or not received, if sent by postal mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; (5) within one business day if sent by email.

• If to Off The Wall Web Works: 
  
  Off The Wall
  RR 1 Box 1017
  Bridgton, ME 04009
   webdesign@offthewallemporium.com
  
   
• If to Client: 
  
      Name and address and email provided for account setup.

Client agrees to keep Off The Wall Web Works updated on address or telephone changes, and maintain an accurate contact email address outside of client's domain.

Severability

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 Off The Wall Web Works. 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 States of America, except with regard to it’s conflict of law rules. This Agreement and Off The Wall Web Works’ policies are subject to change by Off The Wall Web Works without notice. A copy of the most recent Agreement will be available on the Off The Wall Web Works Site.  Continued usage of the Services after a change to this Agreement by Off The Wall Web Works or after a new policy is implemented and posted on the Off The Wall Web Works' Site constitutes your acceptance of such change or policy. We encourage you to regularly check the Off The Wall Web Works' Site for any changes or additions.