We agree to provide you with those services set forth at the time of signup and you agree to abide by
the restrictions made below. In the event of any violation of the below terms and conditions of using
our service, we reserve the right to suspend or terminate your account immediately, without notice. If
you do not wish to be bound by the below terms and conditions of using our service, then you may not access
User represents to us that he or she is 18 years of age or older. User understands that
certain materials available from Service provided under the terms of this Agreement may not be
suitable for individuals under the age of 18.
User understands that the Internet contains unedited materials some of which are sexually explicit or
may be offensive. User accesses such materials at his or her own risk. We have no control
over and accept no responsibility whatsoever for such materials.
User understands that the following restrictions are applied to the service:
User may not run any formmail.pl program earlier than version 1.92
Although we advertise unlimited bandwidth, we reserve the right to inform you that you must transfer your website
if an excessive amount of bandwidth is being used. User may not purchase more than 1 hosting package and link them
together in an attempt to get around our bandwidth or website size restrictions. We currently do not allow websites
that exceed 15 GB of bandwidth per month to host on our servers. If the request is not met within 5 days, we do
reserve the right to remove the website from our system.
You agree not to post any of the following restricted contents: Illegal, Abusive or Unethical Activities include,
but are not limited to, pornography, obscenity, nudity, violations of privacy, hacking, computer virus, gambling,
or promotion of gambling, and any harassing or harmful materials or uses, as determined by us. You agree to
indemnify and hold us harmless from any claim resulting from your publications or use of Illegal, Abusive or
We reserves the right to refuse to post or
to remove any information or materials, in whole or in part, that, in its sole and absolute discretion,
are unacceptable, undesirable, or in violation of this Agreement.
Right to Cancel
We reserve the right to cancel Service for any reason without prior notice. In the event that a user's
service is cancelled for a reason outside of this TOS, we will refund the user the unused portion of that
month's service at the time of cancellation.
We do not and will not perform system backups on any User's E-mail account(s).
We shall not be held responsible for any lost E-mail data, email attachments, or any E-mail
message contents, regardless of the reasoning for data loss or system causes. Except as otherwise
set forth herein, we will not provide historical data, to any party for any reason, regarding
any system or Internet activity.
Although we do perform system backups on hosting content, we shall not
be held responsible for any lost web data, web files, or any website contents, regardless of the reasoning
for data loss or system causes. User should always keep their own backup of their website.
Except as otherwise set forth herein, We will not provide
historical data, to any party for any reason, regarding any system or Internet activity.
We do not perform backups on the mysql databases. We shall not be held responsible for any lost data. User
should always keep their own backup of their database content.
Information transmitted through us and through the Internet in general is not confidential.
We can not and shall not guarantee privacy or protection of any User. We reserve
the right to monitor any User's transmissions when deemed necessary for providing proper service
and/or to protect the rights and property of our company.
We are strongly committed to protecting the privacy of consumers of its interactive services.
Throughout cyberspace, we want to contribute to providing a safe and secure environment for consumers,
and in particular, ensure that information is protected.
We do not use or disclose information about your individual visits to Intellex.com or information that
you may give us, such as your name, address, email address or telephone number, to any outside companies.
We take special care to protect the safety and privacy of young people using our services. We do not
specifically collect information about children and believe that children should get their parents' consent before
giving out any personal information. We encourage you, the customer, to participate in your child's experience on the Internet.
what information we gather, how we might use that information and whether we will disclose it to anyone.
Current prices existing between Intellex and the Customer can be found on Intellexís website (http://www.emptychair.net)
and other publications. Emptychair reserves the right to modify its prices at any time by giving notice to the customers
either via website, email, or notice in with their bill. It is the customers responsibility to check the website for changes.
Payment for an account may be made with Cash, Check, or Credit Card. Payments by the customer are for the month/year
in advance and will commence on the day of signup unless Intellex and the Customer agree to other payment arrangements. Monthly
payments are due on the monthly anniversary of the Customer's sign-up date.
All Customers paying by credit card/check card will have their cards charged on the monthly/yearly anniversary of the activation of
their Intellex Internet Access Account.
If a Customer pays for Internet Access by check and the check is returned, the Customer's account is subject to a $10 service fee.
If a Customer pays for Internet Access by credit card/check card and the card is refused, the Customerís account is subject to a $10
A payment is considered delinquent if not received in its entirety on the date it is due. Delinquent accounts will be suspended until
payment is made or until the account is deactivated. Delinquent accounts are subject to a $15 late fee.
Failure to Comply With Terms and Conditions
We may deny User access to all or part of the Service without notice if User engages in any
conduct or activities that we in our sole discretion believes violates any of the terms and
conditions in this Agreement. If we deny User access to the Service because of such a
violation, User shall not have the right (1) to access through us any materials stored on the
Internet, (2) to obtain any credit(s) otherwise due to User, and such credit(s) shall be forfeited, (3)
to access third party services, merchandise or information on the Internet through us, and
we shall have no responsibility to notify any third-party providers of services, merchandise
or information nor any responsibility for any consequences resulting from lack of notification.
In the event that any portion of this Agreement 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.
Our failure to insist upon or enforce strict performance of any provisions of this Agreement
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 this Agreement.
We may modify this Agreement from time to time by placing a notice of such modification on
our website, and User's continued use of the Service following notice of such
modification shall be deemed to be User's acceptance of any such modification. It is User's
responsibility to check this online area regularly to determine whether this Agreement has been
modified. If User does not agree to any modification of this Agreement, User must immediately stop
using the Service.
This Agreement shall be governed by and construed in accordance with the laws of the State of
Washington without regard to its conflicts of law provisions. Any cause of action User may have with
respect to the Service must be commenced within one (1) year after the claim or cause of action
arises or such claim or cause of action is barred.
We shall not be liable or deemed to be in default for any delay or failure in performance
under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil
or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, dire,
explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts,
materials, labor or transportation or any cause beyond our reasonable control.
Venue for litigation of any dispute, controversy, or claim arising out of, in connection with, or in
relation to this Agreement, or the breach thereof, naming us as the defendant, shall be
proper only in a venue determined by us.
In any action between us and User to enforce any of the terms of this Agreement,
We shall be entitled to recover expenses, including reasonable attorney's fees.
This Agreement constitutes the entire agreement between User and us with respect to the Service.