Chatalot Corporation (DBA CustomChat Inc.)
This Service Addendum sets forth the terms and conditions under which CustomChat will provide CustomChat's Hosted Chat Service to you, the customer.
1. THE SERVICE
1.1. CustomChat will provide CustomChat Hosted Chat Service (the "service") to one person with an ISP email address. The Service is provided in accordance with the provisions of the online CustomChat Terms of Service (including CustomChat's Privacy Policies ) and this Chat Hosting Service Addendum. Rider A
CustomChat will provide: (i) A hosted chat service that operates 24/7. Administrative access and where applicable website storage space to be used for files related to your account.
2. GENERAL SUBSCRIBER OBLIGATIONS.
2.1. You, (the CustomChat Hosting Participant), agree to this addendum on behalf of yourself and any person who accesses the Service through your computer, under your login name or password or through the CustomChat online service. You assume responsibility to ensure that all such other users understand the CustomChat Terms of Service and this Addendum and comply with its terms. You will, at your own expense, obtain any and all consents, rights and authorizations necessary for the use of the Service.
2.2. The Service is intended for use by you at a specific authorized location (URL). You may not transfer your subscription or your rights and obligations under this Addendum to any other person or to yourself at a new ISP, unless submitted in writing or via email from the ISP account that you signed up with.
3. PAYMENT TERMS.
3:1. You agree to pay a non-refundable Setup fee and a monthly recurring charge for the Service. If you pay by credit card, you expressly authorize PayPal to charge the credit card account number associated with your account for any Service charges that accrue from month to month and such authorization shall remain in effect until you terminate your authorization via the PayPal Web site. The schedule of fees and charges is set forth in the pricing section of the CustomChat Web site. ALL Fees are disclosed before purchase and NO hidden fees shall apply. You agree to pay all applicable federal, state and local fees or taxes.
3.2. CustomChat reserves the right to change the amount of fees and charges from time to time at its discretion and upon reasonable notice to you, if the change will affect your account. Setup fees and any applicable equipment charges are due along with payment of the first monthly charge. Monthly charges are payable in advance. CustomChat will send notification if your account becomes delinquent (30 days -past -due date listed on bill). Payment of the delinquent amount must be received by the deadline given in such notification to avoid interruption of Service. If payment is not received by the deadline given in such notification, a one time late fee of not more than $5.00 on any outstanding amount may be charged. CustomChat may charge a reasonable service fee for all returned checks and bank card or charge card chargebacks.
3.3. If you discontinue the Service or are disconnected, you agree to pay a reconnect charge (Setup fee) before reconnection.
3.4. You will be responsible for all expenses (including reasonable attorney's fees) incurred by CustomChat in collecting any unpaid amounts due in accordance with this Agreement.
4. CHARGES FOR ONLINE SERVICES INTERNET TRANSACTIONS.
4.1. Through use of the Service, you may access certain High Speed Internet, products, and services from entities other than CustomChat, for which there is a charge, including certain online services such as America Online and CompuServe.
4.2. You agree that all such fees or charges for online services, products are your sole responsibility and not the responsibility of CustomChat. We do not provide Internet Access.
4.3. You are also advised that you are solely responsible for protecting the security of your credit card and other methods of payment from unwanted or unauthorized charges for Internet based transactions.
4.4. CustomChat does not endorse or warranty any third-party products, services, or content that are distributed, provided, advertised, or otherwise made available over the service.
5. Setup AND ACCESS
CustomChat will complete Setup once we have contacted you. You will be contacted within 72 hours after signing up for the service. An Administrative username and password will be sent to your ISP email account along with all instructions for using your account.
7. SERVICE AND PERFORMANCE.
7.1. CustomChat will make commercially reasonable effort to assure that the Service is available to you twenty-four (24) hours per day, seven days per week. You acknowledge and agree that it is inevitable, however, that there may be interruptions of service. When possible, CustomChat will post online advance notice of planned outages for network or system upgrades. CustomChat shall take reasonable measures to minimize unplanned service interruptions. Rider B
8. SUPPORT AND MAINTENANCE.
8.1. CustomChat offers customer support options, for a monthly fee. Support can be accessed by telephone or by electronic mail. *The support included with a License Key is good for one year from the date of purchase and includes IM, email and phone support.
11. END-USER USE.
11.1. You may not resell, share, or otherwise distribute the Services or any portion thereof to any third party without the written consent of CustomChat. If you are renting a chat server, you will be sent written notice when you sign on.
11.2. CustomChat will provide you with a dedicated port number as a component of the Service, if you purchase the dedicated port package. You agree not to alter, modify, or tamper with the port connection or those of any customer on the system.
12. LIMITATION OF LIABILITY; NO WARRANTIES
PLEASE READ THIS SECTION CAREFULLY, IT CONTAINS DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY, MADE ON BEHALF OF CUSTOMCHAT AND ALL OF ITS AFFILIATES.
12.1 DAMAGE TO YOUR HOME COMPUTER.
EXCEPT IN CASES OF GROSS NEGLIGENCE ON THE PART OF CUSTOMCHAT, CUSTOMCHAT ASSUMES NO RESPONSIBILITY AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY DAMAGE TO, OR LOSS OR DESTRUCTION OF YOUR COMPUTER OR MODEM.
12.2. DAMAGE, LOSS OR DESTRUCTION OF SOFTWARE FILES AND/OR DATA.
CUSTOMCHAT ASSUMES NO RESPONSIBILITY AND EXPRESSLY DISCLAIMS ALL LIABILITY WHATSOEVER FOR ANY DAMAGE TO, OR LOSS OR DESTRUCTION OF ANY OF YOUR SOFTWARE, FILES, OR DATA WHICH MAY RESULT FROM YOUR USE OF THE SERVICE OR REMOVAL OF THE SERVICE PROVIDED BY CUSTOMCHAT HEREUNDER. CUSTOMCHAT DOES NOT WARRANT THAT ANY DATA OR FILES SENT BY OR TO YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME.
12.3. NO WARRANTIES/LIMITATION OF LIABILITY.
CUSTOMCHAT MAKES NO WARRANTY, EXPRESS OR IMPLIED AS TO THE SERVICE, INCLUDING ANY WARRANTY OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ALL SERVICES ARE SUPPLIED "AS IS". IN NO EVENT SHALL CUSTOMCHAT BE LIABLE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES ARISING IN ANY MANNER OUT OF THE SETUP, MAINTENANCE, FAILURE, REMOVAL, OR USE OF THE SERVICE PROVIDED BY CUSTOMCHAT HEREUNDER. NO REPRESENTATION, COMMUNICATION OR STATEMENT, WHETHER IN WRITTEN OR ORAL FORM, BY ANY CUSTOMCHAT EMPLOYEE OR AGENT SHALL BE CONSTRUED TO ADD TO OR MODIFY ANY REPRESENTATIONS OR WARRANTIES HEREIN. RIDER D
13. NO LIABILITY FOR UNAUTHORIZED ACCESS.
13.1. CustomChat treats private communications on or through its network as strictly confidential and does not access, use, or disclose the contents of private communications, except as permitted by law. However, the Service is a shared bandwidth connection used by other subscribers on the same main server. Since the Internet itself is a shared resource, others may access or monitor your IP Internet traffic.
13.2. CustomChat does not warrant that any data or files sent or received by you over the network, communications directed to or received from outside of the network, will not be subject to unauthorized access by others. CustomChat has no responsibility and expressly disclaims all liability for such acts or occurrences. If you choose to run applications from your computer which permit others to gain access to it you must take appropriate security measures. Failure to do so may cause immediate termination of your service by CustomChat. CustomChat is not responsible for and expressly disclaims all liability for any damage resulting from the use of such applications.
14. NO LIABILITY FOR CONTENT.
While CustomChat supplies CustomChat Hosted Chat access to the Internet, it is not the publisher of any CustomChat Hosted Chat content provided by others through the Internet. CustomChat does not review, censor, or monitor and is not in any manner responsible for any programs or content sent or accessed over the Internet or made available by any individual, user, Internet provider, online service or content provider (other than CustomChat). Such content or programs may include, without limitation, programs or content of an infringing, abusive, profane, or sexually offensive nature. All content from other parties accessed via the Service is accessed by you and those you have authorized, all at your own risk. CustomChat assumes no liability whatsoever for any claims, losses, actions, damages, suits, or proceedings arising out of or otherwise relating to such content accessed using the Service.
14.1 NO LIABILITY FOR INCURRED PHONE CHARGES
In all events, you acknowledge that you are responsible for all telephone charges incurred as a result of your access to the Internet.
You agree that, notwithstanding anything herein to the contrary, you or CustomChat may terminate this Service Addendum for any reason at any time. This Service Addendum will remain in effect until terminated by you or CustomChat.
You acknowledge and agree that this Service Addendum shall form an integral part of the CustomChat Terms of Service to which you are a party and that the general terms of such the CustomChat Terms of Service shall apply to this Service Addendum. You acknowledge and agree that CustomChat may revise the terms and conditions of this Service Addendum at any time. Any such revisions and modifications shall be binding and effective immediately on posting the revised Addendum on CustomChat's web site, or on notification to you by e-mail or United States mail. You agree to review the Addendum on CustomChat's web site periodically to be aware of any such revisions. If any revision to this Addendum is unacceptable to you, you may terminate this Addendum at any time by providing CustomChat with written notice by United States mail, or by contacting CustomChat customer service via phone or e-mail.
HOWEVER, CustomChat EXPRESSLY DISCLAIMS ALL LIABILITY ARISING FROM OR RELATING TO ANY INTERRUPTIONS OF SERVICE WHETHER PLANNED OR OTHERWISE.
The Service is provided for entertainment purposes only and is intended for personal, and commercial use.
EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE EXPRESSLY PERMITTED BY LAW.