We will at all times try to provide the best service and support possible. You must review and agree to the following ToS/AUP that will help us to maintain quality service and support for all clients.
Area51 Computers, (hereinafter referred to as "Area51") provides internet access solutions, web site hosting, dedicated servers, server collocation, web site design, and other related services.
THIS AGREEMENT ("Agreement") is made and effective as of the date of first use of service, by and between you and/or your company ("Client") and Area51.
WHEREAS, Area51 owns, distributes and provides various products and services including but not limited to: software, licensing and other products and services of Area51 (hereinafter referred to as "Services")
WHEREAS, Client is allowed to utilize these Services to develop, maintain and grow client's business.
NOW THEREFORE, in consideration both parties mutually agree to the following:
This Agreement shall be construed in all respects in accordance with the laws of the state of Minnesota, Olmsted County applicable to contracts enforceable in that state. Venue will be Olmsted County, Minnesota.
1. Area51 SERVICES
Area51 agrees to provide client the services agreed upon between Area51 and client.
2. PAYEMNTS & INVOICING
2.1. Payments for all services will be due upon signup and in advance of any service to be provided by Area51.
2.2. Client will receive a statement not less then 15 days in advance of any charges. This statement will indicate any changes in fee's to client account which fee's will become effective on the next billing cycle.
2.3. Client is responsible for all charges and activities associates with clients use of service. Client agrees to pay all fees including but not limited to: bandwidth charges, over usage, extra features, surcharges and other such charges.
2.4. Rates and fee's are listed on our web site "http://area51services.com" or can be obtained by calling our offices (507) 536-9556. Rates and fee's are subject to change. If Area51 does not receive payment in full within (30) days of invoice date, a late fee of 1.5% or highest amount allowed by law per month will be assessed to clients account and shall be due and payable upon receipt. Client shall be responsible for all collection and attorney fees related to the collection of client unpaid balance.
2.5. Accounts not paid by the due date are subject to a $5 late fee. Service interrupted for nonpayment is subject to a $15 reconnect charge.
2.6. Accounts that are not collectable by Area51 may be turned over to an outside collection agency for collection. In the event your account is turned over for collection, you agree to pay Area51 a "Processing and Collection" Fee of not less than $50 nor more than $100.
2.7. Co-Location servers that are terminated for non payment will be
considered abandoned and forfeited after 90 days without payment.
3. RESPONSIBILITES & RIGHTS OF AREA51
3.1. Area51 shall provide client with service as described at http://area51services.com. Area51 reserves the right to control the means of how service is provided to client.
3.2. Area51 will provide technical support for service.
3.3. Area51 reserves all rights to block or suspend service that it believes to be abusive in any way.
3.4. Area51 will provide notice via email at least thirty (30) days in advance of deeming any equipment abandoned.
4. RESPONSIBILITES & RIGHTS OF CLIENT
4.1. Client represents and warrants that (i) client is at least 18 years of age, (ii) client possesses the legal right to enter into this agreement, and (iii) Client will be responsible for it's customers, users, employee's use of Service. Client assumes all risks related to the processing of credit cards over the internet. Client will provide accurate, complete and keep Area51 updated to all information provided during and after the signup process Including a current email address.
4.2 Client shall be responsible for all fee's associated with use of Service. Fees include but are not limited to: Domain registration, hosting fee's, internet access charges, and other such services.
4.3. Client agrees to be bound by the agreements of any third party software used with said service.
4.4. Client agrees to follow all policies posted on http://area51services.com.
4.5. Client agrees to follow all laws associated with use of service including but not limited to: unsolicited advertising email or Spam.
4.6. Client is responsible for all content of site at all times and agrees to follow the forgoing rules: Client will not at any time infringe upon any copyright, U.S. patent. Client will not at any time use material that violates a law or any regulation. Client will only use service for lawful purposes.
4.7. Client agrees that any equipment, facilities modification, or Client provided infrastructure or services that remain in the data center for more than ninety (90) days beyond last day of service, regardless of reason or ownership of said items, shall be deemed to be abandoned and Area51 shall have the right to remove and or dispose of said equipment, modifications or infrastructure or services at its sole discretion.
We prohibit the use of our service for illegal activities. Client agrees that Area51 may disclose any and all of Clients information including assigned IP numbers, account history, account use and other related information to any law enforcement agent who makes a written request without further consent or notification to Client if Area51 deems it necessary. In addition Area51 shall have the right to terminate any and all services set forth in this Agreement without notice in this event.
5. LIMITATION OF LIABILITY, NO OTHER WARRENTY AND DISCLAMER
5.1. In the event client does not follow these ToS/AUP Any and all guarantees provided by Area51 are null and void.
5.2. Area51 cannot control all of the actions or events of third party's to service and will not be held responsible for any damage by these actions. Accordingly, Area51 disclaims any and all liability resulting from or related to such actions or events.
6.1. Client agrees to indemnify, defend and hold Area51 and it's employees, agents, affiliates, and licensors harmless from any and all claim, demand, loss, costs or expense. (This means that if Area51 is sued because of a Client's or a Client of a Client's activity, the Client will pay any damages awarded against Area51, plus all costs and attorney's fees.)
6.2. Client acknowledges that the service provided is of such a nature that service can be interrupted for many different reasons and interruptions can be prolonged due to external or internal events. Therefore, Client agrees that Area51 shall not be liable for any damages arising from such loss of service for any reason. In no event shall Area51 be liable for any special or consequential damages, loss or injury.
7. TERMINATION & Account Cancellation
5.1. This agreement may be terminated at any time by Area51 and not less then 15 days in advance notice by client at which time client will provide payment in full for all services.
5.2. All requests for canceling accounts must be made via our contact form on our web site http://area51services.com or by certified mail to:
Attn: Client Status
117 North Broadway
Rochester, MN 55906
a. Unlimited Internet Access is not a dedicated connection to the Internet. Unlimited Internet Access is for normal users who may need to connect to the internet an unlimited amount of times and at any time of the day or night. Please use common sense with unlimited accounts and log off the system when you are not using it to allow others to login. Use of programs to artificially create network traffic is prohibited and may result in termination of account.
b. Area51 will not be held responsible for long distance charges that are amassed by the use incorrect access numbers. Charges from the customers long distance provider will be the sole responsibility of the customer.
c. "Personal Web Pages" are for personal use only. Sites may not contain any commercial content, i.e. may not attempt to profit from your page in anyway, and sites may not contain any illegal content such as age restricted materials. We want you to have fun with your web site but please keep it legal. Area51 will notify you by e-mail if content of your site doesn't meet our guidelines and the content will be removed. Area51 does monitor the sites. A volition of this policy may result in termination of your account.
d. Refunds for service accounts are available for users who cannot finish the terms of their account with the following stipulations. Fourteen days (14) of use is considered as one month of service. Refunds for new customers who cannot use our service must be requested within five (5) working days of sign-up. Refunds are based on the total time of use billed at the monthly rate. Refunds are figured on your last payment minus the monthly rate for the time used.
e. Area51 reserves all rights to terminate a user account, at any time.
f. Dial-up accounts can not be transferred, forwarded, or transmitted in any way for resale gain, without the expressed written consent of Area51.
g. Public access to Area51 dedicated and co-location facility is not allowed to the public at this time. However, we do offer console access if needed. For co-location clients we can also make available a work bench for you to work on your server in the event you need to do an upgrade or service your system for a fee of $50/Hr(Photo ID & one other form of ID is required).
h. Private registration unlock request must be made by filling out this form here.
i. SPAM and Unsolicited Email is not permitted from our network. Area51 has zero tolerance to the sending of Unsolicited Email or SPAM. All servers must deny relay by default in order to prevent third parties from abusing our network. Client may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including immediate termination of service.
i.1. Violation of the Area51 SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Area51 will initiate an investigation. During the investigation, Area51 may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Area51 may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Area51 reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Area51 will notify law enforcement officials if the violation is believed to be a criminal offense.
i.2. First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an"Administrative Fee" of $250 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that Area51 personnel must spend to investigate the matter.
i.3. It is the sole responsibility of Client to ensure the actions of their clients over the Area51 network, it is advisable that Client use a similar if not stricter policy for those clients.
i.4. In the event Client does host web sites or services that support spammers and causes Area51 IP space to become blacklisted Client will agree to use Clients own resources in the removal of this IP space from all known black lists or pay not more then $200/Hr for any time spent removing that IP space from the black lists.
j. IP Address Ownership at all times will belong only to Area51, and Client shall have no right to use that Internet Protocol address except as permitted by Area51 during the term of this agreement. Area51 may also need to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion and will do so with a minimum notice of (30) days to Client. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting. All IP's that are allocated to client must be utilized within 48 hours. If allocated IP's are not utilized within this time frame The Company reserves the right to retract IP's that are not being utilized without notifying the client
k. Users are prohibited from violating or attempting to violate the security of the Area51 Network. Violations of system or network security may result in civil or criminal liability.
Take notice: Minnesota Spam Law INTERNET PRIVACY Chapter 395 Adds Minn. Stat. §§ 325M.01 -09 and 325F.694 Effective March 1, 2003
A. Disclosure of Personal Information. Prohibits an Internet service provider (ISP) serving Minnesota consumers from knowingly disclosing a consumer's personally identifiable information. Adds Minn. Stat. § 325M.02
B. Exceptions. Personal information may be disclosed:
(1) to a grand jury;
(2) to a state or federal law enforcement officer acting lawfully;
(3) pursuant to a court order in a civil proceeding on a showing of compelling need that cannot be accommodated by other means;
(4) to a court in an action brought to collect charges owed to the ISP, in order to establish the existence of a delinquency or purchase agreement;
(5) to the consumer upon written or electronic request, and upon payment of a fee not to exceed the actual cost of data retrieval;
(6) pursuant to a state or federal subpoena, including an administrative subpoena; or
(7) pursuant to a warrant or court order. Adds Minn. Stat. § 325M.03
C. Disclosure with Authorization. Disclosure may be made with the consumer's authorization or under other limited circumstances. Adds Minn. Stat. § 325M.04
D. Damages for Unauthorized Disclosure. The greater of $500 or actual damages for a violation (plus costs, disbursements, and reasonable attorney's fees) may be awarded. However, no class actions are permitted. It is a defense that the ISP has established and implemented reasonable practices to prevent violations. Adds Minn. Stat. § 325M.07
E. Disclosure in Commercial E-mail ("Spam"). Requires that promotional messages sent through ISP facilities in this state to a resident of this state contain in the subject line the letters "ADV" as the first characters and, if it is an adult-specific message, to contain the letters "ADV-ADULT." The requirement does not apply if the recipient requested or consented to receive the document or had a prior business or personal relationship with the sender. Adds Minn. Stat. § 325F.694, subd. 3
F. False or Misleading Messages. Prohibits a person from initiating an e-mail message that:
(1) uses another party's domain name without permission,
(2) misrepresents the originator of the message, or
(3) contains false or misleading information in the subject line. Adds Minn. Stat. § 325F.694, subd. 2
G. Ability to Block Commercial E-mail. Requires the initiator of a commercial e-mail to have a toll-free telephone number, return e-mail address, or other easy-to-use electronic method to notify the sender not to transmit any subsequent unsolicited e-mail documents. Adds Minn. Stat. § 325F.694, subd. 4
H. Damages for Noncompliance with Commercial E-mail Requirements. An injured person may recover damages of:
(1) the lesser of $25 for each e-mail or $35,000 per day for a violation of the restrictions on false and misleading messages, or
(2) the lesser of $10 for each e-mail or $25,000 per day for a violation of the disclosure requirement. Costs, disbursements, and attorney's fees may be awarded. Adds Minn. Stat. § 325F.694, subd. 7
I. Defenses. It is a defense if the sender can show:
(1) a message was not initiated by the sender or was initiated in a manner and form not subject to the sender's control, or
(2) that reasonable procedures to prevent violations were established and implemented. Adds Minn. Stat. § 325F.694, subd. 6
Domain registration policies: .com, .net, .org, .biz, .us, .ca, .info