Cove.Net

Phone:
(814)224-2414

Address:
Cove.Net
300 Main Street
Roaring Spring, PA 16673

Email:
support@cove.net

By use of the Service provided by Blair-Bedford County Computer Services, Inc., you do here-by accept the following conditions set forth in these Terms and Conditions.

1. SERVICE DESCRIPTION

Blair-Bedford County Computer Services, Incorporated provides internet web hosting and associated services and maintains dedicated server computers, other equipment and software, which is integrated with the internet. These servers send and receive data and information in relationship to the internet. Customers wish to utilize the hardware and software resources of Blair-Bedford County Computer Services, Inc. to establish an internet web presence using Blair-Bedford County Computer Services, Inc. web hosting services and network.

2. CONDITIONS

The Customer's application and this Agreement constitute a legal and binding contract between Blair-Bedford County Computer Services, Inc. and the Customer and does not extend to any other person or entity.

3. WARRANTIES

With respect to the services to be provided herein, the Customer acknowledges that Blair-Bedford Computer Services, Inc. makes absolutely no warranties whatsoever, express or implied. As a result, the Customer agrees that Blair-Bedford County Computer Services, Inc. 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 utilization of the service to be provided by Blair-Bedford County Computer Services, Inc. is at the Customer's sole and absolute risk. Blair-Bedford County Computer Services, Inc. specifically disclaims and denies any responsibility for the completeness, accuracy, or quality of information obtained through the services to be provided hereby.

5. DOMAIN NAME

If the customer acquires a domain name through Blair-Bedford County Computer Services, Inc., then in such case the Customer hereby waives any and all claims for any reason which it may have against Blair-Bedford County Computer Services, Inc., for any loss, damage, claim, or expense arising out of, or in relation to, the registration of such domain name in any online or offline network directories, membership lists or registration lists, or the release of the domain name from such directories or lists following the termination of Blair-Bedford County Computer Services, Inc. service to Customer.

6. RESTRICTIVE USE

The Customer may only use Blair-Bedford County Computer Services, Inc.'s services for lawful purposes. In the event that at any given time, Blair-Bedford County Computer Services, Inc. believes that the service is being used by the Customer in contravention with any of the terms and provisions contained in this Agreement, Blair Bedford County Computer Services, Inc. has the right to immediately discontinue such service to Customer without liability other than to refund any unearned prepaid service fees. The following are restrictive uses and shall be cause for the immediate termination of web services and this Agreement without notice or refund to the Customer:

a. Unauthorized distribution or copying copyrighted software and files (including MP3's, warez, cracks, ROMs, etc.), violation of US export restrictions, harassment, fraud, trafficking in obscene material, drug dealing, and other illegal activities. Blair-Bedford County Computer Service, Inc. reserves the right to report such illegal activities to any and all regulatory, administrative and/or governmental authorities for appropriate prosecution.

b. We do not host porn/adult websites. We do not allow erotic photography, erotic art and other adult material.If you're sill not sure how we would classify your site, then contact us, referencing the url of your site and we'll let you know if it is the type of site that we can host.

c. In general, we do not host download sites, ie sites that exist specifically to enable people to download files, ie mp3's, ROMs, emulators, video games, cheats etc. d. Using a non-existing email return address on a commercial solicitation, spamming (sending unsolicited advertising to numerous email addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user), trolling (posting outrageous messages to generate numerous responses, mailbombing (sending multiple messages without significant new content to the same user), subscribing someone else to a mailing list without that person's permission or attempting without authorization to enter into a secured computer system. Blair-Bedford County Computers Services, Inc. reserves the right to determine what is internet abuse.

e. Unsolicited advertising via email and/or "Spamming" is a violation of State and Federal Law and is otherwise a violation of this agreement. This includes referencing domains hosted on Blair-Bedford County Computer Services, Inc. servers in said spam. Such prohibited conduct subjects Customer to immediate cessation of service as provided herein and the termination of this agreement without notice. Blair-Bedford County Computer Services, Inc. reserves the right to report such illegal activities to any and all regulatory, administrative and/or governmental authorities for appropriate prosecution. In addition, Blair-Bedford County Computer Service, Inc. has the right to charge one dollar (US$1.00) per email recipient for any such activity.

f. Tortuous conduct such as posting of defamatory, libelous, slanderous, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyright, or other intellectual property rights.

g. MUDDS, Listservers or any other internet application that are not website specific, are specifically prohibited.

h. Any other misuses of the system resources, such as employing scripts or programs which consume excessive CPU time or storage space, permitting use of mailservers, mail forwarding capabilities, POP accounts, file managers, autoresponders or resale/outsource of access to CGI scripts installed on our servers.

i. Attempting without authorization to enter into a secured computer system. Malicious hacking, cracking or otherwise altering of a site owned and operated by another person. Blair-Bedford County Computer Services, Inc. reserves the right to report such illegal activities to any and all regulatory, administrative and/or governmental authorities for appropriate prosecution.

j. CGI script sharing with other domains is not permitted. Any CGI-scripts deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.

k. IRC software, IRC bots or Eggdrop bots are not allowed on our servers.

l. Customer installed chat rooms are not allowed on our servers.

m. Customer installed shell emulators.

n. Customer installed virtual servers, file systems or system binaries.

o. Mass mailings, scripts that send out mass mailings or any other kind of high-volume mailing activities.

p. Dating or personals scripts and scripts that send out anonymous email. Blair-Bedford County Computer Service, Inc. reserves the right to modify or otherwise amend these terms without prior notice or warning.

7. UNILATERAL SERVICE REVOCATION

In the event that Blair-Bedford County Computer Services, Inc. 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, Blair-Bedford County Computer Services, Inc. may immediately discontinue such service to the Customer without liability. This will include failure to pay, illegal activities and/or unsolicited email.

8. INDEMNIFICATION

The Customer shall indemnify and hold harmless Blair-Bedford County Computer Services, Inc. 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 Blair-Bedford County Computer Services, Inc. and Blair-Bedford County Computer Services, Incorporated officers, directors, and employees for any service provided to Customer by Blair-Bedford County Computer Services, Inc. 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

Blair-Bedford County Computer Services, Inc. reserves the right to make changes to the terms and conditions of this Agreement at any time to include service pricing, advising of the change and the effective date thereof, 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).

10. ENTIRE AGREEMENT AND UNDERSTANDING

This document and services constitute the entire 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 here to are independent entities and nothing contained in this Agreement shall be construed to constitute Customer an agent, employee, partner, independent contractor, joint venturer, or any other similar entity.

12. GOVERNING LAW

This Agreement shall be governed by the laws of the State of Pennsylvania in the United States of America. 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 Blair and Bedford Counties, Pennsylvania. 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. 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.

14. CONFIDENTIALITY

Customer acknowledges that any information not generally known by, or disclosed to the public, to include but not be limited to computer programs, source code, algorithms and inventions are the property of Blair-Bedford County Computer Services, Inc. and may not be utilized or released without the express written permission of Blair-Bedford County Computer Services, Inc.

15. 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.

16. BILLING

Cash and Check Customers: Payment is to be made in advance. Subscriber agrees to pay Blair-Bedford County Computer Services, Inc. 1 ?% late monthly service charge on bills rendered monthly and payable in full within twenty-one (21) days. Late payment may result in termination of service.
Credit Card Customers: The Subscriber agrees to pay all billed amounts according to this agreement until the Subscriber cancels the Blair-Bedford County Computer Services, Inc. Account or discontinues credit card billing for another form of billing. Discontinuation of credit card billing should be requested in writing thirty (30) days in advance. Subscriber agrees this contract is binding and supersedes all personal credit card billing agreements. Subscriber agrees that faxed or other electronically transferred form of signature on these terms and conditions, or any other Blair-Bedford County Computer Services, Inc. contractual information is binding. Block Rate Customers: In the event subscriber wishes to cancel service prematurely, complete, unused months will be refunded after each whole or partially used month is calculated at standard billing rate for the services the subscriber was receiving. In no event will any portion of a partially used month be refunded.

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 placing an order telephonically, in writing and/or electronically.