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Terms Of Service

NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants hereinafter set forth, the parties hereto agree as follows:

1. SERVICE DESCRIPTION: As a Web Hosting and Bulk Electronic Mail Sending Service Provider, RELIABLE provides web hosting and Email Marketing services.

2. CONDITIONS: This agreement, along with any addendums or contract schedules constitute a legal and binding contract between RELIABLE and the Customer, and does not extend to any other person or entity. In case of cancellations after an application is received and web space and/or account is set-up, the Customer will be held responsible for costs incurred by RELIABLE concerning the set-up of the web space and/or account (which includes payment for the set-up fees and first month of service). All cancellations must be submitted according to RELIABLE's billing policies. Cancellations shall be done in writing and delivered via postal mail or facsimile to the Accounts Receivable department of RELIABLE, and authorized by RELIABLE's representative by way of a telephonic confirmation.

3. WARRANTIES: With respect to the Services to be provided herein, the Customer acknowledges that RELIABLE makes absolutely no warranties what so ever expressed or implied. As a result, the Customer agrees that RELIABLE shall not be liable to the Customer for any claims, damages or loss of profit which may be suffered by the Customer or any other entity in any respect for direct, indirect, consequential, actual, or punitive damages arising out of or in relation to the Services provided herein, including, but not limited to, losses or damages resulting from the loss of data as the result of delays, non-deliveries, or service interruptions.

4. INFORMATION: The utilization of any data or information received by the Customer from the consumption of the Service to be provided by RELIABLE is at the Customer's sole and absolute risk. RELIABLE specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the Services to be provided hereby.

5. PAYMENT: The non-refundable set-up fee and first payment are due at the time an Agreement made (if a prior payment for the mentioned charges has not already been received), and submitted to RELIABLE with a wire transfer payment or a Western Union payment. Subsequent payments are due according to the selected fee schedule following the establishment of the web space and/or Email Advertising services. Web space and Email Advertising services will be billed a minimum of one (1) month in advance. Subsequent payments are due each month on or before the day of the original service setup. All payments may be submitted either by a wire transfer, PayPal, money order or by Western Union. If Customer enters into this agreement for services mentioned above with a limited single month duration, then the consequent agreement shall be the legally binding entity for an unlimited number of such recurring single month service periods, for as long as Customer chooses to renew the specified service with an additional written request made by fax, email, or mail prior to the following monthly period. RELIABLE reserves the right to increase or decrease pricing for services offered prior to payment of services for the next single month service period.  In the event that the Customer fails to pay for Services in advance, RELIABLE shall be entitled to unilaterally terminate this Agreement and discontinue the Service until payment is made. As consideration for the Web Hosting and/or Electronic Mail Sending Services provided by RELIABLE to Customer, Customer agrees to pay RELIABLE, at or before the time of submitting the application or order, all the set-up and first month service fees for which Customer has ordered RELIABLE's Service regardless of the billing and payment schedule selected. All set-up and Initial Term fees are non-refundable, in whole or in part, even if Customer's web hosting and Service account is suspended, canceled or transferred prior to the end of Customer's then current Initial Term. Customer remains obligated to pay all amounts agreed to in the Initial Term, and if RELIABLE has purchased equipment on behalf of Customer, Customer shall assume responsibility for payments for such equipment, until paid in full. Any termination by RELIABLE or Customer shall not relieve Customer of any obligations to pay fees accrued prior to such termination. RELIABLE reserves the right to charge the client an interest rate of 1% per month or the legally permissible rate on all charges unpaid when due. Client agrees to compensate RELIABLE the sum of $31 for each returned check issued by the client.

6. BREACH AND REVOCATION: In the event that RELIABLE may at any time believe that the Service is being utilized for unlawful purposes by the Customer or in contravention with the terms and provisions herewith, RELIABLE may unilaterally and immediately discontinue such Service to the Customer without liability. This includes, but is not limited to, failure to pay; sending, spreading, releasing, market and/or selling of scams, fraudulent information, threatening or terrorist messages, illegal products, viruses, bugs, worms, Trojan horses, and/or any other electronic entity intended to hurt any hardware, software, individual or the public, or any violations of the CAN-SPAM Act of 2003. RELIABLE will allow unsolicited Email Marketing if the Customer STRICTLY obeys all Local, State, and Federal Laws of the United States (and any International Laws that may apply specifically to the Customer) applicable to the Customer on the subject of unsolicited commercial electronic mail. It shall be the sole responsibility of the Customer to research and comply with any of such laws. RELIABLE specifically disclaims and denies any responsibility for violation of any such laws by the Customer or any of his/her related actions.

7. DEFAULT; ACCELERATION; AND, WAIVER OF NOTICE: Should Customer fail to pay Customer's bill by the specified day of the month or should the Customer otherwise breach this Agreement (including the Dispute or Billing Policies), RELIABLE may declare the Customer in default and require the Customer to pay the entire debt immediately and without prior notice.

8. INDEMNIFICATION: The Customer shall indemnify and hold harmless RELIABLE from any and all loss, cost, expense, and damage on account of any and all manner of claims, demands, actions, suits, proceedings, judgments, costs and expenses that may be initiated against RELIABLE and RELIABLE's officers, directors, and employees for any Service provided to Customer by RELIABLE to include web space content that violates any copyright, proprietary right of any person, state and federal regulations, or contains any matter that is libelous or scandalous.

9. CHANGES IN TERMS OF AGREEMENT: RELIABLE reserves the right to make changes to the terms and conditions of this Agreement at any time, and to the on-line application to include service pricing, advising of the change and the effective date thereof by publishing it to the appropriate RELIABLE web site, but with changes in service fees being effective only at the end of any period for which the Customer has prepaid. Utilization of the Service by the Customer following the effective date of such change shall constitute acceptance by the Customer of such change(s). Customer is solely responsible for staying informed with respect to changes in this Agreement, Acceptable Use Policy and Billing Policy, all of which are available upon request in hard copy or email format.

10. ENTIRE AGREEMENT AND UNDERSTANDING: This instrument constitutes an agreement between the parties, and represents the complete and entire understanding of the parties with respect to the subject matter of this Agreement.

11. RELATIONSHIP: The parties hereto are independent entities and nothing contained in this Agreement shall be construed to constitute Customer an agent, employee, partner, independent contractor, joint venture, or any other similar entity.

12. GOVERNING LAW: This Agreement shall be governed by the laws of the State of California in the United States of America without regard to such State's laws and rules concerning conflicts of laws. Each party agrees that jurisdiction and venue for any and all claims, disputes or other matters arising out of the Services provided herein and under this Agreement will only lie in Orange County, California. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement and Services provided herein, the prevailing party in such action shall be entitled to all reasonable costs to include attorney fees.

13. ARBITRATION: In the event a dispute or controversy arises out of or relating to this Agreement, such dispute or controversy (including contentions that a party is in default in performance of its obligations hereunder, but excluding questions as to the validity and binding effect of this Agreement, which shall be conclusively presumed) shall be submitted to arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award may be entered in any court of competent jurisdiction.

14. SEVERABILITY: In the event that any term or provision of this Agreement is held by a court of competent jurisdiction to be illegal, unenforceable or invalid in whole or in part for any reason, the remaining provisions of this Agreement shall remain in full force and effect.

15. CONFIDENTIALITY AND PROPRIETARY INFORMATION: Customer acknowledges and agrees that any information not generally known by or disclosed to the public to include but not limited to computer programs, trade secrets, customer lists, financial data, employee expertise, operating procedures, methodology, source code, algorithms and inventions are the property of RELIABLE and may not be utilized, interfered with or released without the express written permission of RELIABLE. Customer agrees that RELIABLE is the owner of certain copyrights and trademarks in which Customer agrees not to interfere.

16. INTERPRETATION: The format, words and phrases used herein shall have the meaning generally understood in the Telecommunications/Software/Internet Industries. This Agreement shall be construed in accordance with its fair meaning and not against the drafting party.

IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, and in consideration of the covenants and agreements contained herein, do hereby execute this instrument, with each party warranting their ability to enter into this Agreement for the person or entity herein named as a party hereto. By purchasing and using the services RELIABLE offers, Customer agrees to all the terms and conditions stated in this Agreement.

All Email Marketing Campaigns must comply with all current local, state and federal law (including the CAN-SPAM Act of 2003), as well as any future laws.

ALL e-mails must have the following as of January 2004:

A working method of removing the recipient from The Customer's mailing list within 96 hours, and a physical address.

The SUBJECT line must be relevant to the content of the email advertisement.

A valid "From" address.

Failure to follow these rules would violate the CAN-SPAM act of 2003 and could result in a federal indictment, fines and jail time - this has nothing to do with us. Fines and jail time are per violation, which is defined as per address/e-mail. For example, if the Customer sends 100,000 e-mails without a working remove method, The Customer faces 100,000 voilations of the CAN-SPAM act. Under some circumstances, it could be considered a federal felony, so be careful.

All website clients must establish a working removal system before starting any email ad campaign.  To comply with the CAN-SPAM act, all sent e-mails must include a Remove Method and a physical address. Any e-mail sent to domains hosted on our servers without a Remove Method will cause immediate termination of your account with no refund.

Ad Image Hosting.   Email Ad Image Hosting from your website is not allowed for clients that use graphics in their email ads.

Emailing.  Emailing from the web hosting servers is not allowed.

Do not promote or engage in any form of advertising that involves hate mail or anything that is illegal.

All Email lists must be properly cleaned (sorted, de-duped, and verified) before sending.  When you properly clean your lists before initiating a mailing campaign, you will accomplish the following:

Avoid excessive complaints and a large number of undeliverable emails.

Your emails will go out to its destination in 1/4 the time and will be 60% - 90% + delivered.

You will help reduce the number of complaints to 1/10th and will avoid causing attacks on your server, therefore avoiding down time.

Increase the positive response on your advertising by three to five times the normal response (depending on the offerings in your email ad).

Warranties:  RELIABLE makes no warranties or guarantees of any kind, whether express or implied, for the Service it is providing. RELIABLE also disclaims any warranty or guarantee of merchantability or fitness for a particular purpose. RELIABLE will not be responsible for any damage CUSTOMER suffers or inflicts on others. This includes loss of data resulting from delays, non-deliveries, miss-deliveries, or Service interruptions. Use of any information obtained via RELIABLE and associated network is at CUSTOMER's own risk. RELIABLE specifically denies any responsibility for the accuracy or quality of information that CUSTOMER disseminates.

RELIABLEs' rules and regulations include but are not limited to those listed above. Due to the volatile nature of this industry, RELIABLE will make every effort to assure The Customer's website or server remains up and available, however RELIABLE makes no guarantees to this nature, and offers no refunds in the event the site or server goes down, or does not perform to the clients specifications. It is in RELIABLE's best interest to keep The Customer's website or server up and available, and will make every effort to do so. Use of RELIABLE's hosting or emailing services denotes acceptance of these policies and warranties, as well as agreement to abide by the stated rules and regulations.