PLEASE READ THESE TERMS, CONDITIONS AND ACCEPTABLE USE GUIDELINES CAREFULLY BEFORE OPENING OR CONTINUING AN ACCOUNT WITH COMEVISIT.COM. These Terms, Conditions and Acceptable Use Guidelines represent the complete Agreement and understanding between ComeVisit.com and you, the ComeVisit.com accountholder, and supersede any other written or oral agreement pertaining to your ComeVisit.com services. By using ComeVisit.com services, you agree to be bound by and to comply with this Agreement, just as if you had signed it. Violation of any provision of this Agreement is grounds for immediate termination of your ComeVisit.com account.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU SHOULD IMMEDIATELY END YOUR USE OF COMEVISIT.COM SERVICES AND NOTIFY COMEVISIT.COM SO THAT COMEVISIT.COM MAY INITIATE CLOSURE OF YOUR ACCOUNT.
ComeVisit.com may be contacted by email at support@ComeVisit.com or by regular mail at:
ComeVisit.com
2245 N. Green Valley Pkwy #567
Henderson, NV 89014.
ComeVisit.com reserves the right to modify the Terms, Conditions and Acceptable Use Guidelines, and/or modify the prices of its services, as well as discontinue or change the services offered. A notification will be made by email when modifications are made, however, it will be the responsibility of the accountholder to keep informed about these changes. Your continued use of ComeVisit.com's services following such notification will be deemed acceptance of the modification.
1.00 Provision of Services
1.02 ComeVisit.com will provide services on its computing systems to you in exchange for recurring payment of subscription fees and full compliance with this agreement.
1.03 ComeVisit.com reserves the right to discontinue any and all services to you at any time, without prior notice or liability, for any conduct which ComeVisit.com, in its sole discretion, believes violates these Terms, Conditions and Acceptable Use Guidelines, or is otherwise harmful to ComeVisit.com's interests or the interests of other accountholders.
1.04 You may only use ComeVisit.com's services for lawful purposes, in compliance with all applicable laws including copyright and trademark law. Unlawful activities include storing, distributing or transmitting any unlawful material through ComeVisit.com services, attempting to compromise the security of any Internet account or site, or making direct threats of physical harm.
1.05 To comply with applicable laws and lawful government requests, to operate its systems properly, or to protect itself or its accountholders, ComeVisit.com reserves the right to access and disclose any information. This may include disclosing the usernames of accounts and other information. ComeVisit.com will fully cooperate with law enforcement authorities in investigating suspected lawbreakers, and reserves the right to report to law enforcement any suspected illegal activity it becomes aware of.
1.06 When ComeVisit.com becomes aware of possible violations of this Agreement, ComeVisit.com may, in its sole discretion, choose to initiate an investigation. This investigation may include gathering information from accountholders and examining material on ComeVisit.com's servers. During investigations, ComeVisit.com may suspend accounts involved in a violation and/or remove the material involved from its servers. If ComeVisit.com believes, in its sole discretion, that a violation of this Agreement has occurred, it may temporarily or permanently remove material from ComeVisit.com servers, warn the accountholder(s) involved, suspend or terminate the account(s) responsible, and take other responsive action. ComeVisit.com, in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of this Agreement could also subject you to criminal or civil liability.
1.07 You are responsible for obtaining the Internet access required to connect to ComeVisit.com services, including computer hardware, software and Internet access provider services. ComeVisit.com does not provide Internet access services, hardware or software. You are responsible for ensuring that such equipment or service is compatible with ComeVisit.com's requirements.
1.08 Any use of ComeVisit.com scripts or software or third-party scripts or software distributed by ComeVisit.com is governed by the End-user License Agreement that accompanies such scripts or software. Use of such software indicates your acceptance of the terms therein.
1.09 Certain services performed by ComeVisit.com may require passing personal information about ComeVisit.com accountholders to third parties. Services include, but are not limited to, registering information with the InterNIC for those accountholders who wish to own their own Internet domain name. ComeVisit.com can not be held responsible for the lack of privacy that these third party entities may offer.
1.10 ComeVisit.com reserves the right to obtain, lease and utilize the products and services of third party vendors in order to maintain services to it accountholders. Examples of services may include, but are not limited to, Internet connections, Internet servers, or any other product or service that ComeVisit.com deems necessary to maintain services to its accountholders.
2.02 ComeVisit.com services are offered on a pre-pay basis. Payment for a minimum of one month of services must be received prior to the proceeding month's start date. The only exception to this rule is in the first month of services to an account. Payment for the first month must be received by the end of the first 30 days of service to the account. Accounts that do not abide to the payment terms set forth herein are subject to suspension and/or account termination. You acknowledge responsibility that, even if your account is terminated, you will be held liable to for any balance owed on the account.
2.03 Acceptable means of payment are defined on our web site at http://ComeVisit.com/help/payment/. Payment for a ComeVisit.com account or service by fraudulent means will result in immediate and permanent termination of the account, and possible criminal penalties.
2.04 ComeVisit.com reserves the right to charge a setup fee to reinstate suspended or terminated accounts.
2.05 There is a $15.00 service charge for each returned check.
2.06 If you believe ComeVisit.com has billed you incorrectly, you must contact ComeVisit.com no later than 60 days after the date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to ComeVisit.com's billing department (billing@ComeVisit.com), and should include all available information about the suspected error.
2.07 If you have elected to have ComeVisit.com make automatic payments against your credit card, and your credit card expires, ComeVisit.com, in its discretion, may either assume that your card has been renewed for one year, or require that you furnish updated credit card information, including the new expiration date and any other information needed to process your account payments. If ComeVisit.com is unable to obtain payment from your credit card bank because you have not renewed your card, because your credit card information has become outdated, or because you have provided new information to ComeVisit.com when requested, ComeVisit.com may consider your account to be delinquent by more than one accounting cycle and suspend, archive or purge your account.
3.02 All cancellation requests must be received by 3:00 PM Pacific Time on a regular business day (holidays excluded) to be processed the same day. Otherwise, your request may not be processed until the following business day. Regular business days are Monday through Friday.
3.03 All ComeVisit.com accounts must be paid in full before a cancellation will be considered complete.
3.04 If a ComeVisit.com account is canceled, suspended or terminated, ComeVisit.com may maintain the account for 30 days. You may contact ComeVisit.com within that time to inquire about reopening a suspended account, or forwarding mail or files to another address. ComeVisit.com reserves the right to refuse to forward the mail and/or files of any account terminated for violation of any provision of the Terms, Conditions and Acceptable Use Guidelines. If you do not contact ComeVisit.com within 30 days, your account and associated files will be deleted from ComeVisit.com's servers, and ComeVisit.com will not be able to reopen it or restore files. ComeVisit.com is not responsible for maintaining material that it deletes from its servers as a result of a determination that the material violates any provision of the Terms, Conditions and Acceptable Use Guidelines.
4.02 Limitation of Liability. Neither party shall be liable to the other for any loss, damage, liability, claim or expense arising out of or in relation to this Agreement or your use of or inability to use ComeVisit.com services, other than for payment of fees due under Section 3 and for indemnification under section 4.0, however caused, whether grounded in contract, tort (including negligence) or theory of strict liability. Use of information obtained from or through ComeVisit.com is at your own risk. Under no circumstances will ComeVisit.com be liable to you or any other person for any loss or damage caused by reliance on data or information available from or on ComeVisit.com's services and systems.
You agree to waive and hold ComeVisit.com harmless from any claims relating to any action taken by ComeVisit.com as part of its investigation of a suspected violation of this Agreement or as a result of its conclusion that a violation of this Agreement has occurred. This means you cannot sue or recover any damages whatsoever from ComeVisit.com's decision to remove material from its servers, warn you, suspend or terminate your account, or take any other action during the investigation of a suspected violation or as a result of ComeVisit.com's conclusion that a violation has occurred. This waiver applies to all violations described in the Terms, Conditions and Acceptable Use Guidelines.
IN NO EVENT SHALL COMEVISIT.COM BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR THE ACCOUNTHOLDER'S USE OF ORINABILITY TO USE COMEVISIT.COM'S SERVICES. COMEVISIT.COM'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE AT COMEVISIT.COM'S OPTION, EITHER RETURN OF THE SERVICE FEES PRE-PAID OR REPLACEMENT OF SERVICES. In any case, ComeVisit.com's entire liability under or arising out of this Agreement shall be limited to the amount you paid for the service in the twelve (12) months prior to the act or injury that gave rise to the liability. However, some jurisdictions may not allow a limitation on liability for negligence that causes death or personal injury, and ComeVisit.com limits its liability in such jurisdictions only to the degree allowed by the applicable laws.
4.03 Indemnification. You agree to defend, indemnify and hold ComeVisit.com harmless from any claims, losses and damages, including attorney's fees, resulting from your violation of any provisions of this Agreement or your placement of transmission of any materials or content onto ComeVisit.com's servers, or from any and all use of your account, with or without your knowledge or consent.
5.01.2 The accountholder of record is responsible for all use of the account, with or without the knowledge of consent of the accountholder.
5.02.2 The accountholder is prohibited from storing, distributing or transmitting any unlawful material through ComeVisit.com services. Examples of unlawful material include but are not limited to direct threats of physical harm, child pornography, MP3 files and copyrighted, trademarked and other proprietary material used without proper authorization. The accountholder may not post, upload or otherwise distribute copyrighted material on ComeVisit.com's servers without the consent of the copyright holder. The storage, distribution, or transmission of unlawful materials could subject the accountholder to criminal as well as civil liability, in addition to account termination.
5.02.3 The account holder may not store or distribute certain other types of material on ComeVisit.com's servers. Examples of prohibited material include, but are not limited to, material judged, at ComeVisit.com's sole discretion, as threatening, obscene, pornographic, profane, or material protected by trade secrets. This also includes links or any connection to such materials.
5.03.2 ComeVisit.com staff may monitor the security of accountholder's password(s) at any time. An account with an insecure password may be directed to change the password to one which complies with the above rules. Accountholders who repeatedly choose insecure passwords may be assigned a password by ComeVisit.com; continued failure to maintain password security may be grounds for account termination.
5.04.2 ComeVisit.com reserves the right to release the usersnames of accountholders involved in violations of system security to system administrators at other sites, in order to assist them in resolving security incidents. ComeVisit.com will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers.
Additionally, ComeVisit.com may institute services and fees for accountholders who are interested in accessing system resources above and beyond acceptable usage.
5.05.2 System abuse is defined as any use ComeVisit.com resources which disrupts the normal use of the system or Internet services for others. Examples of system abuse include, but are not limited to, attempting to disrupt the sessions of other Internet users, consuming excessive amounts of CPU time, memory or disk space, or otherwise affecting the performance of ComeVisit.com servers.
5.06.2 ComeVisit.com will investigate complaints regarding inappropriate material on Web pages hosted on ComeVisit.com servers and may, in its sole discretion, require that the material be removed or take action as outlined in 5.01.1 above. Criteria for determining whether a page is in appropriate include, but are not limited to, the system resources consumed by the page and applicable laws.
5.06.3 Your account may be subject to additional fees depending on the total web transfers or "hits" to your account. The exact details of this rule depend on the type of account and are set forth in the account service features list located on the ComeVisit.com web site at http://ComeVisit.com.
5.07.2 ComeVisit.com accountholders may not send email to any user who does not wish to receive it. ComeVisit.com recognizes that email is in informal medium; however, accountholders must refrain from sending further email to a user after receiving a request to stop.]
5.07.3 Unsolicited advertising mailings, whether commercial or informational, are strictly prohibited. ComeVisit.com accountholders may send advertising material only to addresses which have specifically requested it. ComeVisit.com will not forward mail of accounts terminated for bulk mailing or unsolicited advertising.
5.07.4 ComeVisit.com accountholders may not send, propagate, or reply to mailbombs. Mailbombing is defined as either emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent.
5.07.5 ComeVisit.com accountholders may not alter the headers of email messages to conceal their email address or to prevent others from responding to messages.
5.07.6 Violations of the ComeVisit.com policies outlined in this document can sometimes result in massive numbers of email responses. If a ComeVisit.com accountholder receives so much email that ComeVisit.com resources are affected, ComeVisit.com staff may shut down the accountholder's mailbox.
5.08.2 Download transfers by FTP will be included in the total web transfers or "hits" as described in section 5.06.3.
6.02 Section 4 and your obligation to pay amounts due under this Agreement will survive termination of this Agreement.
6.03 If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only the extent necessary to effect the original intentions of the parties, and the remainder of this Agreement shall remain in full force and effect.