- The User is responsible for any and all fixed and accumulative charges for this account. The first month service fee (or other available billing period selected) is due upon account setup. Each month (or other billing period selected), on the date of the application, the account will be charged the monthly access and any other fees for the new month plus any accumulated charges for the past month. Unused free hours do not accrue from one month to the next. Failure to use this account(s) does not relieve the user of payment obligations.
- Credit Card customers agree to allow Badpuppy to bill such card on each successive billing date automatically after the initial charge and account setup. User agrees to allow Badpuppy to make the automatic monthly charge without separate authorization from the account holder. Credit Card customers shall notify Badpuppy of any changes in Credit Card Number or expiration date. If the card is not honored for any reason Badpuppy will attempt to notify the card holder from telephone information given at sign-up. Badpuppy may also attempt to contact the card holder ONE time, via the email address provided at subscription. If alternative billing is not established within seven (7) days the account will be terminated. Re-establishment of the account will be subject to a $5.00 reconnection fee.
- If payment is by check, payment due dates are indicated on your invoice, which will arrive via email and contains your user identification and password. Dishonored checks are subject to a collection fee and your account may be suspended until the account is current. If payment is not received within 7 days of the due date, service will be terminated.
- Badpuppy has the right to instantly terminate service for any unpaid or partial paid subscriptions. Accounts in default are subject to an interest charge of 1.5% per month on the outstanding balance. Termination of service shall not relieve the user from the obligation to satisfy outstanding invoices. In the event Badpuppy utilizes an attorney to collect such sums, the user shall be responsible for the payment of all of Badpuppy attorneys' fees and costs in pursuing the collection of these sums.
- Badpuppy reserves the right to cancel service for any reason without prior notice. In case of cancellation, unused fees may be returned to the user on a pro-rata basis.
- The User must notify Badpuppy in writing to cancel service. Fees for any setup and the first month's service are not refundable, unless the customer is unsuccessful in using the account and notifies Badpuppy within ten days of establishing said service.
- In addition to any price for services, Customer shall be responsible for the gross amount of any present or future federal, state, municipal or other government sales, use, excise, value added or other similar taxes applicable to the price, sales or delivery of any services furnished hereunder or to their use by customer.
11. Linked Internet Sites. Badpuppy is not responsible for the content available on any other Internet sites linked to the Site. Access to any other Internet sites linked to the Site is at the User’s own risk.
12. Postings. Badpuppy is under no obligation to review any messages, information or content ("Postings") posted on the site by users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, Badpuppy may from time to time monitor the Postings on the Site and may decline to accept and/or remove any Postings that contain:
- Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.
- Advertisements or solicitations of any kind.
- Messages posted by users impersonating others.
- Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references.
- Messages by non-spokesperson employees of Badpuppy purporting to speak on behalf of Badpuppy.
- Messages that offer unauthorized downloads of any copyrighted or private information.
- Multiple messages placed within individual folders by the same user restating the same point.
- Chain letters of any kind.
13. Access to Password Protected/Secure Areas. Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
14. Miscellaneous. This Agreement is entered into in the State of Florida and shall be governed by and construed in accordance with the laws of the State of Florida, exclusive of its choice of law rules. Each party to this Agreement submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Brevard, in the State of Florida, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys fees. In the event that any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect. In the event that any portion of these Terms and Conditions is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect, and all provisions of these Terms and Conditions which operate to protect the rights of Badpuppy shall continue in force even in the event of termination of these Terms and Conditions on other grounds. Badpuppy’s failure to insist upon or enforce strict performance of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms and Conditions. The duties and obligations contained herein at paragraphs 4, 5, 6, 10, and 11 will survive any termination hereof.
15. Entire Agreement/Modification. This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are expressly canceled. Badpuppy may modify the terms of this Agreement by posting notice of such modification on a page of the Site entitled "Legal Notices" or "Legal Information" (or similar title) before the modification takes effect.
16. By the use of a BadPuppy account the User accepts the terms and conditions set forth in this agreement.
17. These Terms and Conditions were last changed October 29 , 1998.
- Full legal name of service's address provider:Badpuppy Enterprises, Inc., 414 Highpoint Drive, Cocoa, FL 32926.
- There are no other names under which provider does business.
- Name of Agent Designated to receive notification of claimed infringement: Benjamin W. Morton
- Full Address for Agent: 414 High Point Drive, Cocoa, FL 32926.
- Telephone number for Agent: (407) 631-9500; fax number: (407) 638-0625.
- E-mail address for Agent: email@example.com
- Copy to Ossinsky & Cathcart, P.A., 210 N. Wymore Rd., Winter Park, FL 32789, phone (407) 629-2484, fax (407) 629-4429