Communicom Terms of Service

This document comprises an agreement between Communicom, Inc. and the customer. Communicom, Inc. agrees to provide the customer with web hosting services as outlined in the details of the particular hosting plan purchased, and is subject to all of the conditions listed below.

Use of the services by the customer indicates his/her acceptance of this agreement and all of the conditions listed below.

RIGHT TO MODIFY AGREEMENT

Communicom, Inc. reserves the right to modify this agreement at any time, to modify pricing of its hosting plans and to modify the terms and conditions of this agreement. Changes to this agreement come into effect when published online at www.communicom-inc.com.

NO WARRANTY

Communicom, Inc. services are provided "as is" and contain no warranty of any kind, expressed or implied. Communicom, Inc. disclaims any warranty of merchantability or fitness for any particular purpose and will not be held responsible for any damages the customer may suffer. This includes, but is not limited to, loss of computer data due to power outages, delays, or interruption of service caused by employee negligence, errors or acts of commission or omission committed on the part of the customer, Communicom, Inc. or any other party.

INDEMNIFICATION

Customer agrees to defend, hold harmless and indemnify Communicom, Inc. from any liability, claim, loss, damage, or expense arising out of the customer's breach or violation of any part of this agreement and resulting from the customer's use of the service.

CANCELLATION OF SERVICE

Communicom, Inc. reserves the right to cancel customer's account and to render inaccessible the customer's Web site for any reason, and without notification. Any unused services that have been paid for may be refunded to the customer on a pro-rated basis. Setup fees, first month's hosting service fees and domain name registration fees are non-refundable.

LEGAL USE

Services provided by Communicom, Inc. are intended for legal purposes only. Customers are prohibited from transmitting or publishing data or any information that is in violation of U.S. federal or state laws. This includes, but is not limited to publishing or transmitting copyrighted material, threatening or obscene literature, or proprietary information. If the customer is found to be in violation of this part of the agreement, Communicom, Inc. reserves the right to cancel the customer's account.

INTELLECTUAL PROPERTY RIGHTS

Customer must make all reasonable efforts to ensure that material published on customer's Web site, hosted by Communicom, Inc., is not in violation of any existing copyright, patent, or trademark. Communicom, Inc. will investigate all allegations of copyright, patent and trademark violations. Communicom, Inc. reserves the right to cancel customer's account, if his/her Web site is found to be in violation of the intellectual property rights of another party.

OBSCENE, LIBELOUS, OR THREATENING CONTENT

Customers are not allowed to publish content that is obscene or likely to be considered obscene, or content that is libelous or threatens harm to any person. Doing so will result in cancellation of customer's account.

ABUSE OF SERVICE

Customer agrees to refrain from using his Web site in any way that could adversely affect the normal operation of the Web site of any other customer or of Communicom, Inc.'s network. Abuse includes, but is not limited to, attempts by the customer to circumvent the security systems of Communicom, Inc.'s network or the security systems of any other party.

Customer agrees to make reasonable efforts to keep assigned user account names and passwords secure from unauthorized persons and to promptly report the compromise of any user name and password to Communicom, Inc. for corrective action.

Communicom, Inc. reserves the right to charge the customer a customary hourly rate, for costs it incurs in investigating and correcting technical problems caused by abuse or misuse of service on the part of the customer.

Communicom, Inc. monitors, investigates and reports for prosecution all intruders into its network.

UNSOLICITED BULK E-MAIL

It is explicitly prohibited for the customer to use any software program or other means to broadcast or mass distribute email messages from Communicom's network to other Communicom, Inc. customers or any other network. Customer also may not send unsolicited email messages from other providers if it in any way implicates Communicom, Inc., its network, or any other customer on the Communicom, Inc. network. Any breach of this segment of the agreement may result in cancellation of service to customer. Communicom, Inc. reserves the right to charge the customer a fee of $100.00 for each documented unsolicited bulk email message sent from its network by the customer.

NON-TRANSFERABLE

Communicom, Inc. hosting accounts are non-transferable to any other party for any reason. Selling, leasing or renting all or part of the customer's Web hosting account is prohibited. However, the customer may assign FTP access rights to any individual for the purpose of transferring files to customer's Web site.

RESUBSCRIBING AFTER CANCELLATION

If, for any reason, the customer's account is cancelled and the customer wishes to re-subscribe, the customer must apply for and receive written consent from Communicom, Inc. to obtain another account. If Communicom, Inc. discovers that a previously cancelled customer has re-subscribed without written consent, the customer's account will once again be cancelled and all dues and fees paid to date, regardless of whether or not any services have been rendered, will be forfeited to Communicom, Inc. Also, any fees due Communicom, Inc. will be payable in full immediately.

30-DAY NO-RISK TRIAL PERIOD

Communicom offers a 30-Day No-Risk Trial on its hosting services only. The customer will not be billed for the first 30 days of service if, and only if, all of the following conditions are met: 1) customer submits in writing a request to cancel his account, 2) customer submits the cancellation request prior to the end of the 30 day period, which starts on the date the customer's account is setup and ends 30 days later, 3) customer indicates the 30-Day No Risk Trial in the cancellation request. Setup fees and domain name registration fees are not included in the 30-Day No Risk Trial and will not be refunded.

INVOICING AND PAYMENT

Communicom, Inc. will generate an invoice for services provided at the end of each month and e-mail the invoice to the customer. Payments are accepted via credit card or company check. The customer can arrange to have his/her credit card charged after each invoice is generated.

Returned NSF checks will be charged $20.00.

Customers are required to make payment on invoices within 35 days. If payment for an invoice is not received within 35 days the customer will be in breach of the terms of service and the customer account may be cancelled. The customer will be responsible for any and all collection expenses, should an account be referred to a collector.

DOMAIN NAME REGISTRATION SERVICES

Customer agrees to pay Communicom, Inc. a one-time processing fee of $24.95 for .com, .net and .org domains. Failure to pay this fee results in forfeiture of the domain. The registration fee paid to Communicom, Inc. is non-refundable in the event customer cancels their hosting account within the 30-day trial period.

Country specific domains and new top level domains (TLDs) are also available. Please contact us for pricing information.

Domain name registration can take from 1 to 3 business days to complete and is not guaranteed until confirmation from the InterNIC is received.

Because of potential delays in the Shared Registry System (SRS), previously registered domain names may incorrectly appear to be available. If this occurs, customer will be notified and no charges will be incurred.

Communicom cannot be held responsible for delays in the Shared Registry System or problems with country specific top level domains, which are governed by the laws of the country in which the domain is registered.

SURCHARGES

All hosting plans allow unlimited data transfers; however, customer agrees to pay a surcharge for all bandwidth used customer's account that exceeds the allotted bandwidth for the chosen hosting plan.

CLOSING YOUR ACCOUNT

If you wish to close your account, you must notify Communicom, Inc. via e-mail or U.S. mail and request that your account be closed. Transferring your domain to another provider does not constitute closing your account with Communicom, Inc.

ADDITIONAL CUSTOMER RESPONSIBILITIES

As a hosting provider, Communicom, Inc. may need to communicate with its customers via e-mail for issues related to billing, equipment changes, and other matters. Therefore, it is the responsibility of the customer to read and review e-mail sent to the primary login e-mail address on the account.

The customer is responsible for contacting Communicom, Inc. to make changes to their account, such as credit card information, phone number, address, etc. The customer will be required to verify, for security purposes, current customer data to make any changes to their account.

WEB HOSTING RESELLERS

All Communicom Web Hosting Resellers inherently agree to the following:

• Reseller must purchase one hosting plan at regular price to qualify for the Web Hosting Reseller Program.

• Each reseller is responsible for billing and providing technical support for their own customers. Communicom will provide technical assistance only to the Reseller.

• Reseller further agrees to pay Communicom the Reseller Discount Rate for each hosting plan sold by the Reseller, according to the rates published on this web site.

• Reseller is required to sign and fax a Credit Card Authorization form, allowing Communicom to charge Reseller's credit card for his/her regular priced hosting plan, plus each hosting plan resold by the Reseller, based on the Reseller discounted rate.

• Domain registration and setup fees are not included in the Reseller discounts. Reseller discount is based on the regular, monthly price of the hosting plan and cannot be applied to any prepayment discounts or promotions.

• Any domains registered for Reseller's customers must include contact information of the customer. Domains registered under Reseller's contact information will NOT be eligible for the discounted rate.

HOME : TERMS OF SERVICE

• PRESS RELEASES
• RESELLER PROGRAM