Terms of Service and Conditions of
Use Welcome to TurnKey Internet™. TurnKey Internet™ and its affiliates provide
products and services to clients all around the world. TurnKey Internet has the
responsibility to protect each client and provide them with the best
services available. The following conditions were designed to protect our
products and services. If you visit, shop, or use any of our products and services at
TurnKey Internet, you accept these conditions. Please read them carefully.
In addition, when you use any current or future TurnKey Internet products and
services or visit or purchase from any business affiliated with
TurnKey Internet, whether or not included in the TurnKey Internet Web site, you also
will be subject to the guidelines and conditions applicable to such service
or business.
DEFINITIONS USED IN THIS DOCUMENT
"TurnKey Internet, Inc.", "TurnKey Internet", "TurnKey" "TurnKey Network" and "We" are defined as the company TurnKey Internet, Inc. "The customer", "TurnKey's customers," and "You" are defined as patrons of TurnKey Internet, Inc. "This site" is defined as any website that is owned, operated or otherwise directly or indirectly maintained by TurnKey Internet, Inc. "Service" and "Product" are interchangable, and defined as any merchandise or commercial offering of TurnKey Internet. The term "spam" is used as it is currently defined by the Federal Trade Commission.
PRIVACY Please review our Privacy Notice, which also governs your visit to
TurnKey Internet, to understand our practices.
100% SATISFACTION GUARANTEE Please review our
100% Satisfaction Guarantee policies.
SERVICE LEVEL AGREEMENTS Please review our
Service Level Agreement policies.
AFFILIATES AND RESELLERS Please review our Affiliate And Reseller Policies.
NON DISCLOSURE AGREEMENT
Companies that require signed Non-Disclosure Agreements may review our
Non-Disclosure Agreement.
ELECTRONIC
COMMUNICATIONS When you visit TurnKey Internet or send e-mails to us,
you are communicating with us electronically. You consent to receive
communications from us electronically. We will communicate with you by
e-mail or by posting notices on this site. You agree that all agreements,
notices, disclosures and other communications that we provide to you
electronically satisfy any legal requirement that such communications be in
writing.
CONTENT
All products and services provided by TurnKey Internet may be used for lawful
purposes only. Transmission, storage, or presentation of any information,
data or material in violation of any United States Federal, State or City
law is prohibited. This includes, but is not limited to: copyrighted
material, material we judge to be threatening or obscene, unlicensed
software or files, or material protected by trade secret and other statute.
You agree to indemnify and hold harmless TurnKey Internet from any claims
resulting from the use of the service which directly or indirectly damages any other party.
COMMERCIAL ADVERTISING AND BULK EMAIL
TurnKey Internet takes a zero tolerance approach to the sending of Unsolicited
Commercial Email (UCE) or SPAM through our network and services. Customers
of TurnKey Internet may not use or permit others to use our network to
partake in UCE or SPAM distribution. Customers of TurnKey Internet may not host or
permit hosting of sites or information that is advertised by UCE or SPAM
sent from other servers or networks.
In addition to U.S. Federal Trade Commission (FTC) definitions,
SPAM is further defined as any email that is sent to a recipient that did
not ask for it to be sent to them or any email that is sent to recipients
who have not Confirmed Opt-In or Closed-Loop Opt-In for email correspondence
purposes. Users must comply with all relevant legislation and regulations
on bulk and commercial e-mail, including the CAN-SPAM Act of 2003. TurnKey
Internet will be the sole arbiter as to what constitutes a violation of this
provision and may take actions including, but not limited to, immediate
service disconnection or suspension to ensure the quality of our network.
Users who maintain email lists, or send emails to more than 10 recipients
at a time, or send more than 1,000 emails in a 30-day period must maintain
complete and accurate records of all consents and opt-ins and provide such
records to TurnKey Internet upon its request and allow any party sent email
to remove itself automatically and permanently. If a user cannot provide
positive and verifiable proof of such consents and opt-ins, TurnKey Internet
will consider the mass mailing to be unsolicited and take appropriate action
to ensure the quality of our network.
Other prohibited activities related to email include, without limitation,
the following: (i) Use of TurnKey Internet Network for the receipt of
replies to unsolicited mass e-mail; (ii) Forgery of e-mail headers
(“spoofing”); (iii) Spamming via third-party proxy, aggregation of proxy
lists, or installation of proxy mailing software; (iv) Configuration of any
server to accept and process third-party messages for sending without
verified user identification and authentication (open-relay mailers); (v)
Hosting web pages advertised within “spam e-mail” sent from another network
(“spamvertising”); (vi) Hosting web pages or providing services that
support bulk emailers or SPAM; (vii) Any other unsolicited bulk messages,
postings, or transmissions through media such as weblog posts, IRC/chat room
messages, guestbook entries, HTTP referrer log entries, USENET posts, pop-up
messages, instant messages, or SMS messages; (viii) configuring or altering
a server in such a way as to defeat remote anti-SPAM filters such as trying
to send emails out multiple IP addresses on the same server, or using invalid or
recently registered domain names to mask the true identity of your emails;
(ix) use of any email address on a mailing list that was not opt-in verified by
the same IP address and domain used to send outbound emails.
SPAM Complaint Processing fees - A service fee of $50 per spam
complaint will be applied for SPAM complaints that are processed by or sent
to TurnKey Internet as a result of violations of these Terms of Service. A
service fee of $125/hour will apply for investigation and corrective work
performed by TurnKey Internet to resolve SPAM violations.
IP Blacklisting Removal Fees If, as a result of a Customer's
actions, TurnKey Internet's mail servers or IP address ranges are placed on
email black hole lists or other mail filtering software system list,
TurnKey Internet shall charge Customer $250 upfront and $125 per hour
thereafter for any necessary investigation and corrective work.
ACCEPTABLE USE POLICY
General Statement: TurnKey Internet's Acceptable Use Policy ("AUP") is
provided to give our customers and users a clear understanding of what
TurnKey Internet expects of them while using a product or service. All
users of TurnKey Internet's products and services: those who access some of
our Products and Services but do not have accounts, users accessing content
you place on TurnKey Internet's products and services, as well as those who
pay a service fee to subscribe to any Products or Services, may not use,
promote, host, or participate in (i) Copyright Infringement: Direct
copyright infringement as defined and noted under Title 17, Section 512 of
the United States Code, (ii) Unsolicited Email 'SPAM' to be defined as any mailing to more than 10
people at once who did not opt-in or request to be contacted; (iii) Proxy
Email (SPAM): defined as the use of services to act in concert with other
services located inside and outside the network to achieve mass unsolicited
email (SPAM) to unrelated third parties; (iv) UseNet SPAM: sending,
receiving, forwarding, or posting excessive UseNet content. This includes
UseNet services located within the TurnKey Internet network or unrelated
third party networks; (v) Email Bombing: The sending, return, bouncing or
forwarding of email to specified user(s) in an attempt to interfere with or
over flow email services; (vi) Illegal Use: This includes, but is not
limited to: death threats, terrorist threats, threats of harm to another
individual, multi-level marketing schemes, "ponzi schemes", invasion of
privacy, credit card fraud, racketeering, defamation, slander, and other illegal activities; (vii) Child Pornography; (viii) Threats & Harassment:
Including but not limited to threats or harassment to individuals,
organizations or businesses; (ix) Fraudulent activities; (x) Denial of
Service (DOS and DDOS); (xi) Terrorist Websites: This includes sites
advocating human violence and hate crimes of any kind; (xii) Distribution of Malware: including virus software,
root kits, password crackers, adware, key stroke capture programs and other
programs normally used in malicious activity, or any software appropriated for these or related activities; (xiii) Phishing: any activity
associated with phishing or systems designed to collect personal information
(name, account numbers, usernames, passwords, etc.) under false pretense;
(xiv) Ping bots, network scanning programs, automated network intrusion
programs, IRC 'Internet Relay Chat' related applications or software, or
anonymous proxy services.
A service fee of $50 per abuse complaint will be applied to any customer with more
than 5 (five) verified abuse complaints in a given month. Abuse complaints are
defined as documented issues that are confirmed violations of these terms of service
and to be a result of customer, or customer's, web hosted content or information.
PAYMENT AND BILLING
You agree to pay TurnKey Internet for Products and Services without deduction, or delay for any reason. At any time, TurnKey Internet may require you to pay
a deposit or increase an existing deposit as a condition of providing
Services. You authorize TurnKey Internet to investigate your credit history at any
time and to share credit information about you with credit reporting
agencies. Payment of all charges is due within five (5) days after
the date of invoice, in U.S. currency. Invoices are issued five (5) days
prior to subscription renewal dates (if you bill on the 15th of the month,
an invoice is generated on the 10th of the month and must be paid in full by
the 15th of the month). Past due accounts that receive payments will have
those payments applied to the oldest past due invoices first. Failure to
pay any invoice may place the account into default, and could lead to
suspension of all services until the account is paid and current. You will be responsible for
reimbursing TurnKey Internet for all costs (including reasonable attorney fees)
associated with collecting delinquent or dishonored payments. If TurnKey Internet
does not receive payment by the due date, you may be charged interest on any
unpaid balances at the rate of up to one and one half percent (1 1/2%) per
month or the maximum rate allowed by law. Accounts not paid in full within
three (3) days of the invoice due date may be suspended, or terminated and
a reconnection fee may be applied that is equal to the greater of the original
account setup fee or TWENTY FIVE DOLLARS ($25). IF YOU DISPUTE CHARGES ON YOUR
BILL, YOU MUST NOTIFY TurnKey Internet IN WRITING OF THE DISPUTE WITHIN SIXTY DAYS
OF THE DATE ON THE AFFECTED BILL, OR ELSE YOU WAIVE THE DISPUTE.
TAXES AND REGULATORY SURCHARGES
Rates outlined on attached order forms are exclusive of any applicable
taxes. You are responsible for all taxes, gross receipts taxes, fees and
surcharges relating to the sale, transfer of ownership, installation,
license, use or provision of the Services, except to the extent that you
provide TurnKey Internet with a valid tax exemption certificate before TurnKey Internet
provides Services to you. You are responsible for payment of any and all
state, federal, or international surcharges.
BANDWIDTH ALLOTMENT
TurnKey Internet offers multiple flexible bandwidth packages on all web
hosting and service plans. Hosting and Service Plans with Un-Metered
Bandwidth provides you with a network port locked at a specific Un-Metered
Bandwidth speed (for example, Un-Metered 10 Mbps means your server has a 10
Mbps port) and you can use that network port during the entire billing
period without any bandwidth over-usage fees. Hosting and Service Plans with
Total Monthly Bandwidth allotment plans (such as 1000 GB per month) allow
you to push traffic at very high speeds (Up to 100 Mbit or higher, depending
on your server's port speed) over our Premium Network. The bandwidth is
calculated 50/50 between inbound and outbound usage. For example, on a 1000
GB plan, your hosting plan can transmit up to a total of 500 GB of data per
month and receive up to 500 GB of data per month. Usage levels over your
included bandwidth are billed monthly at the posted rate. If you exceed your monthly allotted bandwidth during any billing cycle, we
reserve the right to limit network access, bill for estimated overage in advance,
or suspend service until payment for the bandwidth overage is completed.
COPYRIGHT
All content included on TurnKey's websites, such as text, graphics, logos,
button icons, images, audio clips, digital downloads, data compilations, and
software, is the property of TurnKey Internet or its content suppliers and protected
by United States and international copyright laws. The compilation of all
content on TurnKey's websites is the exclusive property of TurnKey Internet and protected by
U.S. and international copyright laws. All software used on TurnKey's websites is the
property of TurnKey Internet or its software suppliers and protected by United States
and international copyright laws.
TRADEMARKS TurnKey Internet, TurnKey Internet.net, Alarmgate.com, Alarmgate.net, Alarmwall.com, Alarmwall.net
and other marks indicated on our site are registered trademarks of TurnKey Internet,
Inc. or its subsidiaries, in the United States and other countries.
TurnKey Internet's trademarks and trade dress may not be
used in connection with any product or service that is not TurnKey Internet's, in any
manner that is likely to cause confusion among customers, or in any manner that
disparages or discredits TurnKey Internet. All other trademarks not owned by
TurnKey Internet or its subsidiaries that appear on this site are the property of
their respective owners, who may or may not be affiliated with, connected to,
or sponsored by TurnKey Internet or its subsidiaries.
PATENTS
The Internet Security product line by TurnKey Internet, placed under the Alarmgate and Alarmwall names, have patents-pending at this time.
LICENSE AND SITE ACCESS
TurnKey Internet grants you a limited
license to access and make personal use of this site and not to download
(other than page caching) or modify it, or any portion of it, except with
express written consent of TurnKey Internet. This license does not include any
resale or commercial use of TurnKey's websites or its contents; any collection and
use of any product listings, descriptions, or prices; any derivative use of
this site or its contents; any downloading or copying of account information
for the benefit of another merchant; or any use of data mining, robots, or
similar data gathering and extraction tools. This site or any portion of
this site may not be reproduced, duplicated, copied, sold, resold, visited,
or otherwise exploited for any commercial purpose without express written
consent of TurnKey Internet. You may not frame or utilize framing techniques to
enclose any trademark, logo, or other proprietary information (including
images, text, page layout, or form) of TurnKey Internet and our affiliates
without express written consent. You may not use any meta tags or any other
"hidden text" utilizing TurnKey Internet's name or trademarks without the
express written consent of TurnKey Internet. Any unauthorized use terminates the
permission or license granted by TurnKey Internet. You are granted a limited,
revocable, and nonexclusive right to create a hyperlink to the home page of
TurnKey Internet so long as the link does not portray TurnKey Internet, its
affiliates, or their products or services in a false, misleading,
derogatory, or otherwise offensive matter. You may not use any TurnKey Internet
logo or other proprietary graphic or trademark as part of the link without
express written permission.
YOUR ACCOUNT
If you use
TurnKey Internet products and services, you are responsible for
maintaining the confidentiality of your account and password and for
restricting access to your computer, and you agree to accept responsibility
for all activities that occur under your account or password. If you are under 18, you may use TurnKey Internet
only with involvement of a parent or guardian. TurnKey Internet and its
affiliates reserve the right to refuse service, terminate accounts, remove
or edit content, or cancel orders and or services at its sole discretion.
CANCELLATION or NON-RENEWAL
To cancel or elect not to renew any Product or Service, Customer must submit a written
cancellation request by opening an online support ticket in the Customer Service area of
the TurnKey Website (currently at https://secure.turnkeyinternet.net/customer/tksupport.php).
This must submitted at least seven (7) calendar days prior to expiration of the monthly
renewal term. To insure the privacy and security of both the Customer and TurnKey Internet,
cancellation must be completed via support ticket only. Requests for cancellation via
e-mail, telephone, fax, physical mail, or any other means will not be processed.
COMMENTS, COMMUNICATIONS, FEEDBACK, FORUMS, AND OTHER CONTENT
Visitors may post feedback, comments, content and submit suggestions,
ideas, questions, or other information, so long as the content is
not illegal, obscene, threatening, defamatory, invasive of privacy,
infringing of intellectual property rights, or otherwise injurious to third
parties or objectionable, and does not consist of or contain software
viruses, political campaigning, commercial solicitation, chain letters, mass
mailings, or any form of spam. You may not use a false e-mail address,
impersonate any person or entity, or otherwise mislead as to the origin of a
card or other content. TurnKey Internet reserves the right (but not the
obligation) to remove or edit such content, but does not regularly review
posted content.
If you do post content or submit material, you grant TurnKey Internet and its affiliates a
nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable
right to use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, and display such content throughout the
world in any media, unless we indicate otherwise. You grant TurnKey Internet and its affiliates and
sub-licensees the right to use the name that you submit in connection with
such content, if they choose. You represent and warrant that you own or
otherwise control all of the rights to the content that you post; that the
content is accurate; that use of the content you supply does not violate
this policy and will not cause injury to any person or entity; and that you
will indemnify TurnKey Internet or its affiliates for all claims resulting from
content you supply. TurnKey Internet has the right but not the obligation to
monitor and edit or remove any activity or content. TurnKey Internet takes no
responsibility and assumes no liability for any content posted by you or any
third party.
COPYRIGHT COMPLAINTS TurnKey Internet and its
affiliates respect the intellectual property of others. If you believe that
your work has been copied in a way that constitutes copyright infringement,
please follow our Notice
and Procedure for Making Claims of Copyright Infringement.
PRODUCT DESCRIPTIONS
TurnKey Internet and its affiliates
attempt to be as accurate as possible. However, TurnKey Internet does not
warrant that product descriptions or other content of this site is accurate,
complete, reliable, current, or error-free. If a product or service offered
by TurnKey Internet itself is not as described, your sole remedy is to return it
in unused condition and discontinue using said service within five (5) business days.
OTHER BUSINESSES
Parties other than TurnKey Internet and its
subsidiaries operate stores, provide services, or sell product lines on or
through this site. In addition, we provide links to the sites of
affiliated companies and certain other businesses. We are not responsible
for examining or evaluating, and we do not warrant the offerings of, any of
these businesses or individuals or the content of their web sites.
TurnKey Internet does not assume any responsibility or liability for the
actions, product, and content of all these and any other third parties.
SERVICE ABUSE
Any attempts to undermine or cause harm to a TurnKey Internet service or customer
of TurnKey Internet is strictly prohibited. TurnKey Internet will pursue legal
action to the fullest extent for any abuse of TurnKey or its products or services.
BREACH OF TERMS OF SERVICE
If any terms or conditions are failed to be followed, it will result in
grounds for service suspension or deactivation. TurnKey Internet reserves the right
to remove any account or service without prior notice. If TurnKey Internet deactivates your service or account(s) for violating policy, you will
forfeit your rights to a refund. No refunds for
advance payments on deactivated accounts. Serious offenses may
cause immediate deactivation WITHOUT WARNING.
INDEMNITY
You agree to indemnify and keep indemnified TurnKey Internet (and its parent,
subsidiaries, affiliates, officers and employees) from and against any
costs, damages, liabilities and losses (including legal fees) suffered or
incurred by TurnKey Internet as a result of any claim made by any third party
due to or arising out of your use of the Service, your connection to the
service or any breach by you of any of your obligations under these Terms
and Conditions.
LENGTH OF CONTRACT
The agreement between You and TurnKey Internet will be effective as of the
date you sign up for any TurnKey Internet Product or Service, and will
remain effective until terminated by either party. You agree to any and all
changes to the Terms of Service unless you
elect to terminate service in writing with TurnKey Internet via the primary TurnKey Internet website, www.turnkeyinternet.net.
TERMINATION
Without limiting other remedies, TurnKey Internet or its affiliates may
limit, suspend, or terminate your use of TurnKey Internet Products and
Services, prohibit access to TurnKey Internet's website, remove hosted
content such as emails and website data, and take technical and legal steps
to keep you off TurnKey Internet's network if we suspect that you are in
breach of these Terms of Service, or are past due by more than 3
days on your account balance (subscription payment), causing possible legal
liabilities, acting inconsistently with the letter or spirit of our
policies, your use of any Product or
Service degrades the quality and performance of the TurnKey Internet
network, if you purchased TurnKey Internet Product or Services from an
unauthorized reseller, or for other similar reasons, with immediate effect
and without recourse to the courts. TurnKey Internet shall effect such
termination by preventing access to your account and to the TurnKey
Internet network as well as delete any website content, data, or domain
names stored on our network. If you provided a valid email address, TurnKey
Internet may provide notice to you by email, but is not under obligation to notify
you.
All provisions which must survive in order to give effect to their meaning
shall survive any expiration or termination of the agreement, including
without limitation, all of your representations, warranties and
indemnification obligations.
You acknowledge and agree that any termination of the Service under any
provision of this Agreement may be effected without prior notice, and agree
that TurnKey Internet may immediately thereafter delete any and all hosted
data, backup files, email files, domain names, account settings, network
addresses and any other content within your account that is stored on the
TurnKey Internet network.
FORCE MAJEURE
You acknowledge and understand that if the TurnKey Internet Service or Products do
not function as a result of a force majeure event, TurnKey Internet will not be in
breach of any of its obligations toward you under these Terms of Service. A
force majeure event means any event beyond the control of TurnKey Internet. In the
event TurnKey Internet is affected by a force majeure event, it shall post a notification on the TurnKey Internet website or contact you directly concerning the estimated extent and duration of its inability to perform or
delay in performing its obligations, on a reasonable efforts basis. TurnKey Internet
will not accept any liability for the consequences arising out of a force
majeure event.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS
SITE, ALONG WITH ITS PRODUCTS AND SERVICES, ARE PROVIDED BY TURNKEY INTERNET ON
AN "AS- IS" AND "AS-AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT
YOUR USE OF THIS SITE, AND OUR PRODUCTS AND OUR SERVICES ARE AT YOUR SOLE RISK.
TURNKEY INTERNET EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. TURNKEY INTERNET MAKES NO WARRANTY
THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v)
ANY ERRORS IN THE SERVICE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN
DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE
SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM TURNKEY INTERNET OR THROUGH OR FROM ANY OF ITS SERVICE PROVIDERS SHALL
CREATE ANY WARRANTY ABOVE AND BEYOND THAT WHICH IS EXPRESSLY STATED IN THE TERMS AND CONDITIONS.
LIMITATIONS OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TURNKEY INTERNET SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TURNKEY INTERNET HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE
USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR
SERVICES PURCHASED, OBTAINED, STORED, SENT OR RECEIVED FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY
ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
Except in relation to such liability as has been expressly excluded the
maximum aggregate liability of TurnKey Internet in contract, tort, statutory
duty or otherwise (even where TurnKey Internet has been advised of the
possibility of such loss or damage) for any loss or damage whatever arising
from or in relation to this Agreement shall be limited to lessor of (i)
$500; (ii) the monthly cost of the Service which has been paid for a given
month. This limit shall also apply in the event that any exclusion or other
provision contained in these Terms and Conditions is held to be invalid for
any reason and TurnKey Internet becomes liable for loss or damage that would
otherwise have been limited.
APPLICABLE LAW
By visiting TurnKey Internet, you agree that
the laws of the state of New York, without regard to principles of
conflict of laws, will govern these Terms and Conditions and any dispute of any
sort that might arise between you and TurnKey Internet or its affiliates.
DISPUTES
Any dispute relating in any way to your visit to
TurnKey Internet or to products and services you purchase through TurnKey Internet shall be
submitted to confidential arbitration in Albany, New York, except that,
to the extent you have in any manner violated or threatened to violate
TurnKey Internet's intellectual property rights, TurnKey Internet may seek
injunctive or other appropriate relief in any state or federal court in the
state of New York, and you consent to exclusive jurisdiction and venue in
such courts. Arbitration under this agreement shall be conducted under the
rules then prevailing of the American Arbitration Association. The
arbitrator's award shall be binding and may be entered as a judgment in any
court of competent jurisdiction. To the fullest extent permitted by
applicable law, no arbitration under this Agreement shall be joined to an
arbitration involving any other party subject to this Agreement, whether
through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVER-ABILITY
Please review our other
policies, such as our privacy
policy, posted on this site. These policies also govern your visit to
TurnKey Internet. We reserve the right to make changes to our site, policies,
and these Conditions of Use at any time without prior notice. Updates to
our site, policies, and these Conditions of Use will be posted on our web
site at http://www.turnkeyinternet.net. If any of these conditions shall be
deemed by TurnKey Internet or a state or federal court as invalid, void, or for any reason unenforceable, that condition shall
be deemed severable and shall not affect the validity and enforceability of
any remaining condition.
Notice and Procedure for Making Claims
of Copyright Infringement If you believe that your work has been
copied in a way that constitutes copyright infringement, please provide
TurnKey Internet's copyright agent the written information specified below.
Please note that this procedure is exclusively for notifying TurnKey Internet
and its affiliates that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright interest;
- A description of
the copyrighted work that you claim has been infringed upon;
- A
description of where the material that you claim is infringing is located on
the site, including any auction ID numbers and web URL address, if
applicable;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the
disputed use is not authorized by the copyright owner, its agent, or the
law;
- A statement by you, made under penalty of perjury, that the
above information in your notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner's behalf.
TurnKey Internet's Copyright Agent for notice of claims of copyright
infringement on its site can be reached as follows:
- Copyright Agent
- TurnKey Internet Legal Department
- e-mail: legal@turnkeyinternet.net
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