5165 NE. 46th Street
Delaware Township, IA. 50317
Cell 515-210-0833
Member
American Poultry Assoc.
Iowa Poultry Association
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WEB SERVICE TERMS AND CONDITIONS
This agreement represents the complete agreement and understanding between Ellson's Acre and
our Customer and supercedes any other written or oral agreement. Upon notice published, on-line Ellson's Acre may
modify the terms and conditions contained herein and may discontinue or change the services offered in the event
of Customer's failure to comply with the following provisions.
1. SERVICE. Ellson's Acre, as an Internet World Wide Web service provider, provides a dedicated server computer
that is integrated into the Internet. This server computer sends and receives information as related to the World
Wide Web. Customer desires to connect to and utilize the software and hardware facilities of Ellson's Acre to establish
a Web Site. The use of any data or material by the Customer via the service provided by Ellson's Acre is at the
Customer's sole and absolute risk. Ellson's Acre specifically disclaims and denies any responsibility for the completeness
and/or accuracy of quality of any and all information obtained through the services to be provided hereby.
2. USE OF SERVICE. This agreement hereby is intended for the use of only one web site. It is for the exclusive
use of the Customer specifically named above and does not extend to any other person or entity. Customer may resell,
if desired, to third parties but is responsible for the content and is bound by the terms under this agreement.
3. NO WARRANTIES. Ellson's Acre will utilize its best efforts to maintain acceptable performance of the contracted
services, but Ellson's Acre makes absolutely no warranties whatsoever, express or implied, including warranty of
merchantability or fitness for a particular purpose. Ellson's Acre cannot guarantee continuous service, service
at any particular time, or integrity of data stored or transmitted via its system or via the Internet. Ellson's
Acre will not be liable for the inadvertent disclosure of, or
corruption or erasure of, data transmitted or received or stored on its system. Ellson's Acre shall not be liable
to Customer or any of its customers for any claims or damages which may be suffered by Customer or its customers,
including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability
to access 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 Ellson's Acre.
4. INDEMNIFICATION. Customer agrees that it shall defend, indemnify, save and hold harmless from any and all demands,
liabilities, losses, costs, claims, including reasonable attorney's fees, ("Liabilities") against Ellson's
Acre, its agents, its customers, servants, officers, employees, that may arise or result from any services provided,
performed or agreed to be performed or any product sold by Customer, its agents, employees or assigns. Customer
agrees to defend, indemnify and hold harmless Ellson's Acre against Liabilities arising out of any injury to person
or property caused by any products sold or distributed in connection with Ellson's Acre's server; and material
supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party; copyright infringement
and any defective product which Customer sold on Ellson's Acre's Server. As a result of this, Customer agrees that
Ellson's Acre shall not be liable to Customer for any claims of actual, compensatory and/or consequential damage
which may be suffered by Customer, including, but not limited to, losses or damages due to the loss data resulting
from delays, non deliveries, or service interruptions caused by the fault or negligence of Ellson's Acre. Notwithstanding
the above mentioned, Customer's exclusive remedies, damages, losses and causes of actions shall not exceed the
aggregate dollar amount which Customer paid during the term of this Agreement.
5. DOMAIN NAME. Ellson's Acre will acquire, at the request of the Customer, an Internet Domain Name on behalf of
the Customer. In such case the Customer hereby waives any and all claims which it may have against Ellson's Acre
for any loss, damage, claim or expense arising out of, or in relation to, registration of such Domain Name in any
on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name
from such directories or lists following the termination of services by Ellson's Acre for any reason. Any costs
incurred by Ellson's Acre in obtaining or maintaining a domain name for Customer or its customers shall be at the
expense of the Customer.
6. INVOICING AND SERVICE FEES. Invoicing for web site shall be as follows: Customer shall be billed in accordance
with the above stated terms, unless otherwise agreed upon. Payments of the service fee will be done upon inception
(sign-up date). In the event that Customer shall fail to pay in advance for the services provided herein or in
the event there shall exist any delinquency in the Customer's account then in such event Ellson's Acre reserves
the right, in its sole, absolute and unfettered discretion, to
terminate this agreement and discontinue service to Customer without notice or liability for actual compensatory
or consequential damages to Customer for the interruption in service. Ellson's Acre shall be entitled to unilaterally
terminate this agreement, in which case the provisions of paragraph 1,2, 3, 4, and 5 shall continue in full force
and effect, and/or, at its sole discretion, Ellson's Acre may discontinue or suspend service to Customer until
payment is made. Any service disconnection or suspension will result in the requirement of a re-connect fee which
shall be the same as the set-up fee Ellson's Acre will make a diligent effort to resolve any problems related to
Ellson's Acre hardware or supporting software. Only once all email inquires have failed, will Ellson's Acre provide
support via telephone.
7. 90 DAY-MONEY BACK GUARANTEE. The 90 day money-back shall apply only to the refund of the agreed upon monthly
plan fees and shall exclude, without limitation, the refund of any or all set-up fees, service fees, transfer fees,
domain registration fees, design/development fees, software purchase fees, and any promotional discounts, etc.
ONLY Web Hosting monthly fees are refundable. Customers will be automatic charged non-refundable additional fees,
in the event that the Customer is in excessive use of the agreed upon services, including but not limited to the
use of additional bandwidth, file transfers in excess of plan limits, mega bite space or terminate this agreement
and discontinue service to Customer if posting of adult material on Customer's web site is found.
8. CANCELLATIONS. All cancellation in accordance with the terms and conditions contained herein must be submitted
in writing via Ellson's Acre's or Customer may submit request for cancellation in writing via registered mail .
All Customer accounts must be paid in full before the transaction will be considered complete.
9. TAXES. Customer shall be responsible for paying all taxes of any nature which except for taxes on Ellson's Acre's
income, irrespective of which party may be responsible for reporting or collecting such taxes.
10. MODIFICATIONS. Ellson's Acre reserves the right to make changes to any of the above terms and conditions of
this agreement upon thirty (30) day written notice to Customer, advising of the change and the effective date thereof,
but with changes in monthly service fees being effective only at the end of any calendar quarter for which Customer
has already prepaid. The use of the service by the Customer following the effective date of such change shall be
proof of acceptance by Customer of such change (s).
11. ENTIRE AGREEMENT AND SEVERALBILITY. This instrument constitutes the entire agreement between the parties, and
represents the complete and entire understanding of the parties with respect to the subject matter contained in
this agreement. This instrument supersedes any other agreement or understanding between the parties, whether written
or oral. In the event that any term or provision of this instrument is held by a court of competent jurisdiction
to be unenforceable, then the remaining provisions of this instrument and the agreement which it evidences, shall
remain in full force and effect, 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 in to this agreement for the
person or entitle herein named as a party hereto. This agreement shall be construed and interpreted pursuant to
the law of the state of Iowa.
12. RESTRICTIVE USE. The Customer may only use Ellson's Acre's services for lawful purposes. In the event that
at any given time, Ellson's Acre believes that the service is being used by the Customer in contravention with
any of the terms and provisions contained in this Agreement, Ellson's Acre 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 to the Customer:
a. Unauthorized distribution or copying copyrighted software, violation of US export restrictions, embarrassment,
fraud, trafficking in obscene material, drug dealing, and other illegal activities;
b. Unsolicited advertising via email and/or "Spamming" is a violation of State and Federal Law and is
otherwise a violation of this agreement. Such prohibited conduct subjects Customer to immediate cessation of service
as provided herein and the termination of this agreement without notice. Ellson's Acre reserves the right to report
such illegal activities to any and all regulatory, administrative and/or governmental authorities for appropriate
prosecution. In addition, Ellson's Acre will charge One Dollar ($3.00) per email recipient for any such activity;
c. 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, cross-posting articles to an excessive number of newsgroups, or attempting without authorization
to enter into a secured computer system. Ellson's Acre reserves the right to determine what is Net abuse;
d. Tortuous conduct such as posting of defamatory, libelous, scandalous, or private information about a person
without their consent, intentionally inflicting emotional distress, or violating trademarks, copyright, or
other intellectual property rights;
e. The Customer expressly understands and agrees that Adult oriented Websites featuring nudity and acts of a sexual
nature are subject to immediately termination. Ellson's Acre reserves the right to immediately terminate and remove
any such unauthorized Websites without notice and discontinue service to Customer without notice or liability for
actual, compensatory or consequential damages to Customer for the interruption in service.
f. MUDDS, Listservers or any other Internet application that are not Website specific, are specifically prohibited.
Any other misuses of the system resources, such as employing posts or program which consume excessive CPU time
or storage space, permitting use of mail services, mail forwarding capabilities, POP accounts, or autoresponders
other than for the customer's accounts, or resale of access to CGI scripts installed on our servers.
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