General Terms and Conditions
This agreement represents the complete agreement and understanding between vLetter and Partner and supersedes any other written or oral agreement.
1. ACCEPTABLE USES
This service may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any foreign, municipal, state, county or federal statute or regulation is prohibited. This includes, but is not limited to: copyrighted material, material that is defamatory, threatening, obscene or violates U.S. export control laws, or material protected by trade secret, trademark or other intellectual property right used without proper authorization. No pornographic material will be accepted. vLetter may, at its sole discretion, immediately discontinue such service to Partner, without any liability other than for the refund of unearned prepaid service fees.
Partner shall ensure that its use of vLetter's network services shall not disrupt vLetter, its associated networks or equipment forming part of the systems. Use of vLetter's connection in a manner that is abusive, disruptive, damaging, unlawful, offensive, or intrusive as determined by vLetter shall be considered a breach of this Policy and may result in cancellation of service.
2. DISCLAIMERS OF WARRANTY, LIMITATION OF LIABILITY AND OBLIGATION
vLetter makes absolutely no warranties whatsoever, expressed or implied, for the service it is providing. vLetter also disclaims any warranty of merchantability or fitness for a particular purpose. vLetter shall not be liable to Partner or any of its customers for any claims or damages which may be suffered by Partner or its customer, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access the Internet, or inability to transmit or receive information, caused by, or resulting from, delays, nondeliveries, or service interruptions whether or not caused by the fault or negligence of vLetter. Partner agrees to indemnify and hold harmless vLetter from and against any and all claims, actions, causes of actions, administrative or government action, losses or damages (including legal fees and expenses) arising from the usage by Partner.
The use of any data or information received by Partner or its customers from the utilization of the service to be provided by vLetter is at Partner and its customer's sole and absolute risk. vLetter specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the services to be provided hereby.
3. PAYMENT AND TERMS
Partner shall pay the Initial Fees set forth on the Order Page upon signing. Thereafter, Partner's account shall be automatically billed and its credit card charged according to the schedules on the Order Page, (a) for Handwriting Styles completed, (b) for remote image service, and/or (c) in advance for on-site image service. In the event that Partner shall fail to pay for such services, vLetter shall be entitled to unilaterally terminate this agreement and discontinue the service of Partner or the applicable account for which payment has not been received. The indemnification and limits of liability provisions mentioned above shall survive any such termination. Upon payment of the charges due hereunder, vLetter may, at its sole discretion, reinstate service, at which time all terms and conditions of this contract shall continue in full force and effect. Any service disconnection or suspension shall require a $50 reinstatement fee.
6. UPTIME GUARANTEE
vLetter guarantees that Partner's access to vLetter services website will be available at least 99% of the time on a monthly basis. Partner can request refund by showing that uptime for its website is below this level in any given calendar month. vLetter will then refund Partner that month's prorated service fees.
7. SERVICE CHANGES
On-line changes made by vLetter to any plan shall not change the terms of the Plan(s) accepted by Partner, if such changes do not adversely affect the services provided to Partner under the prior Plan(s). Utilization of the service by Partner and/or its customers following the effective date of such change shall constitute acceptance by Partner of such change(s) in terms.
8. AGREEMENT MODIFICATIONS
vLetter reserves the right to make changes to the above terms and conditions of this agreement upon thirty (30) days written notice to Partner, advising of the change and the effective date thereof. Notices may be sent by email, fax, or express mail to the email address, fax number, or address most recently provided and will be effective upon transmission. Evidence of successful transmission shall be retained. It is the responsibility of the Partner to provide vLetter with the most current contact information.