- 1. Description of Services
Millennium Systems Inc is a web presence provider allowing Client's web site to be accessed via Client's domain name (i.e. theirname.com) by anyone with access to a web browser connected to the Internet. Millennium Systems Inc provides the disk space in which the files composing Client's web site reside and a connection capable of transmitting said files to End User. Said services are often referred to as "Web Hosting".
Millennium Systems Inc handles the registration process for Client's requested domain name. Millennium Systems Inc in no way holds any responsibility for payment of fees required by InterNIC for Client's domain name. Client agrees to pay all charges requested by InterNIC who will bill client separately without any contact with Millennium Systems Inc.
- 2. Authorization of Charges (Payment of Fees)
Client authorizes Millennium Systems Inc to charge credit card supplied by Client on the first day of the service period. Payments not received in Millennium Systems' corporate office by the fifth of the month will be subject to service interruption and a possible subsequent reconnect fee of ninety US dollars.
The account holder is financially responsible for payment of all charges for services or products furnished to the account holder by Millennium Systems Inc or affiliates. As a courtesy, invoices are generated by Millennium Systems Inc corporate office prior to the service period. The absence or lateness of invoicing does not extend or modify payment terms.
If Client requests additional storage space Client authorizes Millennium Systems Inc to charge an additional ten US dollars per one gigabyte (charge once the site is 250MB over allotment) of storage requested per month.
If verification of Client's supplied credit card information fails requested charge by Millennium Systems Inc for initial monthly fees or for any of the monthly fees thereafter Millennium Systems Inc reserves the right to refuse, suspend, or cancel service pending Millennium Systems Inc's receipt of valid credit card information from Client. Client agrees to notify The Next Millennium of any changes to Client's credit card information.
- 3. Account Cancellation
Account Holder must provide a minimum of 15 days advance notice to Millennium Systems Inc to cancel its Internet Services in whole or in part. Cancellations must be received in writing. Acceptable forms of cancellation are email, fax, or postal service. All unpaid charges must be satisfied prior to the return of any equipment.
Millennium Systems Inc offers a 25 day Money Back guarantee. If you are unhappy with the service or wish to close out your account you must do so within 25 days of your signup to receive a credit in full. Client is not eligible for any refund after the 25 day evaluation period.
Customers who sign up for the 12 or 6 month billing cycle are required to commit to the 12 or 6 month term. This is a contract term and any cancellation after the 25 day evaluation period will not receive any credit or refund for unused time of service.
- 4. Content Restrictions
All services provided by Millennium Systems Inc may be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any United States federal, state, or local law is strictly prohibited. This includes but is not limited to copyright or trademarked material and material protected by trade secret.
Pornography, nudity, and sex-related merchandising are prohibited. This includes sites that may infer sexual content; links to such adult content elsewhere are also prohibited.
Sites that promote any illegal activity, such as Warez sites, are discouraged but not prohibited; links to such materials are discouraged but are allowed. Actual files, including but not limited to pirated software and MP3 files, are strictly prohibited from being stored on Millennium Systems Inc's servers.
Examples of unacceptable content include the following: Adult sites, Pirated software, MP3 files or archives.
Millennium Systems Inc reserves the right to remove any material from Client's web space that is deemed unacceptable by us. Millennium Systems Inc reserves the right to terminate Client's account without refund at our discretion if said material is discovered. Millennium Systems Inc is the sole arbiter as to what constitutes a violation of the above provisions.
- 5. CGI Application Restrictions
The Client is allowed to freely install CGI applications; however, Millennium Systems Inc reserves the right to disable any application that unreasonably effects or interferes with normal server operations. Said situation is highly unlikely.
Client will not install Client's own chatroom of any kind because they tend to be large "system hogs" and therefore fall into the category described in section above.
- 6. Spam Policy
Millennium Systems Inc servers may not be the source, intermediary, or destination address involved in the transmission of Spam, flames, or mail bombs. Client's domain or IP may not be referenced as originator, intermediary, or reply-to address in any of the above.
Millennium Systems Inc considers Spam to be any mass unsolicited message in the mediums of newsgroups and e-mail.
The actions stated above will not be tolerated. Violation will result in the immediate deactivation of services without refund of any kind. Furthermore, a fine of one-hundred (100) US dollars will be imposed for each Spam policy violation. Millennium Systems Inc is the sole arbiter as to what constitutes a violation of the above provisions.
- 7. Server Abuse
Any attempt to undermine or cause harm to a Millennium Systems Inc server or another Millennium Systems Inc Client is strictly prohibited.
Any attempt to undermine any Millennium Systems Inc web site or a web site of another Millennium Systems Inc Client is strictly prohibited and may result in immediate termination of services rendered by Millennium Systems Inc without refund. Millennium Systems Inc is the sole arbiter as to what constitutes a violation of the above provisions.
- 8. Indemnification
Client agrees that it will defend, indemnify, and hold harmless Millennium Systems Inc from any and all demands, fines, liabilities, losses, costs, claims, and expenses, including attorney's fees, asserted against The Next Millennium, its employees, officers, agents, and directors that may arise or result from any service provided or performed, or agreed to be performed, or any product sold by Client, its employees, officers, agents, and directors.
The Client agrees that it will defend, indemnify, and hold harmless Millennium Systems Inc against any liabilities, including but not limited to, those arising out of (1) any injury to person or property caused by any product sold or service rendered or otherwise distributed in connection with Millennium Systems Inc's servers; (2) any material supplied by the Client infringing upon or allegedly infringing upon the proprietary rights of a third party; (3) copyright infringement; and (4) any defective products sold to the Client's customer from Millennium Systems Inc's servers.
Millennium Systems Inc assumes no liability of the Client for failure to follow this Agreement and any results caused by the acts, omissions or negligence of the Client, sub-contractor or an agent of Client or an employee of any one to them, including, but not limited to, claims of third parties arising out of or resulting from or in connection with the Client's products, messages, programs, caller contracts, promotions, advertising, infringement or any claim for libel or slander or for violation of copyright, trademark or other intellectual property rights.
- 9. Disclaimer
Millennium Systems Inc will not be held responsible for any damages you or your business may suffer. Millennium Systems Inc makes no warranties of any kind, expressed or implied, for services rendered. Millennium Systems Inc disclaims any warranty or merchantability or fitness for a particular purpose. Millennium Systems Inc assumes no liability for disruptions or improper operation of its equipment or software for any reason, including, but not limited to, vandalism, theft, phone service outages, Internet disruptions, human error, extreme or severe weather conditions or any other causes in the nature of "Acts of God" or force majeure. Millennium Systems Inc will not be responsible for consequential damages or punitive or exemplary damages under any circumstances. In no case will Client be entitled to recover damages from Millennium Systems Inc.
- 10. Term
The term of this Agreement will continue until a notice of cancellation by Millennium Systems Inc or Client is given, or until terminated under other provisions of this Agreement. Millennium Systems Inc reserves the right to terminate this Agreement without cause upon notification to the Client. Millennium Systems Inc may further terminate this Agreement immediately without notice at any time the Client breaches any part of this Agreement, or if any program or facility used by Millennium Systems Inc to implement this Agreement is disrupted or terminated for any reason.
- 11. Presumption of Agreement
By signing up with Millennium Systems Inc, be it using Millennium Systems Inc's online sign up form or contacting in any way an employee, officer, agent, and director with request for Millennium Systems Inc to provide Client services, Client (1) authorizes Millennium Systems Inc to take the actions necessary in order to setup Client's account, including charging credit card supplied by Client at time of sign up; and (2) agrees to each and every provision set forth in this Agreement and shall hold to said Agreement in the court of law.
- 12. Default
In the event Client defaults in any provision or fails to perform pursuant to this Agreement, Millennium Systems Inc will be entitled to damages, costs, and attorney's fees from the Client.
- 13. Invalid or Non-enforceable Provisions
The invalidity or non-enforceability of any provision of this Agreement, as so determined by a court of competent jurisdiction, will not affect the other provisions hereof, and in any such occasion this Agreement will be construed in all respects as if such invalid or non-enforceable provision were omitted.
- 14. Choice of Law / Venue
This Agreement will be construed and enforced in accordance with the laws of the State of California and the venue for any action, dispute or proceeding with respect to this Agreement will be Irvine, California.
- 15. Overages
Each hosting package has a specified space and traffic limit. If a site exceeds its limit, an additional charge will be applied via direct debt to the credit card on file or via invoice.
The captions in this Agreement are for convenience only and will not be used in interpreting, construing, performing or enforcing this Agreement.
- Amendments and Modifications
Millennium Systems Inc may make amendments or modifications to this Agreement at any time. Whenever practical, Millennium Systems Inc will notify Client of changes to this Agreement.