By signing and returning your completed order form and/or using RECHANNEL’s services, you (“Customer”) agree to the terms and conditions of our Service Agreement as follows:

Services
Subject to the terms and conditions of this Agreement, RECHANNEL will provide the web design, web hosting, email hosting, marketing and/or related services described in the plan you selected from our then published list of services as offered from time to time ("Services").  The specific plan of Services to be provided shall be as you selected in the initial order and thereafter as established through correspondence between you and RECHANNEL.

Domain Name Registration and Transfer
RECHANNEL will register all domains in your name and you will be the sole owner of your domain(s).  RECHANNEL will pay your Internic Registration Fees and renewal fees as long as you are a customer. We will bill you for all such registration and renewal fees we pay on your behalf.  The specific fees for domain registrations, transfers and renewals will be determined at the time of service by RECHANNEL’s published list of services as offered from time to time.  If you ever terminate your service with us and you would like to take your domain(s) with you, there will be a $75 processing fee per domain to transfer your domain(s).  RECHANNEL makes no representation that the domain names you wish to register are capable of being registered or that they will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified of completion of the registration of the domain(s). Any action you take before such notification is at your own risk.  The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority.

Product Enhancements
From time-to-time, additions, improvements, enhancements, new features, and new services developed by RECHANNEL will be incorporated in to your RECHANNEL product at no additional cost. Other enhancements that include third party technology or content may also be available at an additional cost. These paid enhancements will be optional.

Quarterly and Annual Subscription Fees
You may subscribe to the Services on a Quarterly or Annual basis.  We will automatically charge your credit/debit card for your fees.  You will receive a payment confirmation by email each time a charge is processed against your credit/debit card.  Check payments can only be accepted for setup fees and Annual Subscription Fees, provided such payment is made in advance.  Unfortunately, we are unable to accept check payments for Quarterly Subscription Fees.  Check payments are due upon receipt of invoice.  A $25 fee will be charged for insufficient funds checks.  Your services may be deactivated if your fees are not paid within 15 days of the due date.

Intellectual Property
By becoming a customer of RECHANNEL, you have granted us the right to place information you have given us on your site and other sites and you agree to indemnify and hold us harmless against any and all claims or causes of actions that may arise with respect to the information, against us or our affiliates.  You are responsible for obtaining any and all necessary consents and clearances required to lawfully make use of any and all intellectual property rights through the Services, including without limitation, clearance and/or consents in respect to your proposed domain name(s).  You agree that all information submitted to, stored or distributed via the Services will not infringe copyright or any other intellectual property rights.  With the exception of the information you give us to place on your site and the designs and layouts we create specifically for you, RECHANNEL (or our affiliates) will maintain full rights to all other intellectual property including designs, layouts, program code and scripts, database structures and scripts, proprietary strategies and processes, and other intellectual property of RECHANNEL (or our affiliates).

WEB SITE HOSTING, Online Transactions and E-mail
You agree that you will use the Services only for lawful purposes.  You agree not use the Services in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorize or permit any other person to do so.  You agree not post, link to or transmit any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way; any material containing a virus or other hostile computer program; any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.  You also agree not use the Services for spamming. Spamming includes, but is not limited to (1) the bulk sending of unsolicited messages, or the sending of unsolicited e-mails which provoke complaints from recipients, (2) the sending of junk mail, (3) the use of distribution lists that include people who have not given specific permission to be included in such distribution process, (4) posting commercial ads to USENET newsgroups that do not permit it, (5) posting articles containing binary encoded data to a non-binary newsgroups, (6) excessive and repeated posting off-topic messages to newsgroups, (7) excessive and repeated cross-posting, (8) e-mail harassment of another Internet user or users, including but not limited to, transmitting any threatening, libelous or obscene material, or material of any nature which could be deemed to be offensive, and (9) the e-mailing of age- inappropriate communications or content to anyone under the age of 18. RECHANNEL shall make reasonable attempts to respond to any complaints you may make regarding the receipt of spam or other harassing e-mail.

Authorship Marks and Client References
By using the services, you grant RECHANNEL the right to place a reasonably sized and positioned logo and/or text link (“Authorship Marks”) on website pages and Enhanced Email Templates included in the services.  You also agree that RECHANNEL may reference our relationship with you and the services we supply to you, provided such references do not violate your intellectual property rights or confidentiality rights.

No Warranty
All information on your site is provided to you and end users on an "as is" "as available" basis without warranty of any kind either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Use of your site is at the risk of you and the end user. We do not warrant that use of your site will be uninterrupted or error-free. As a service to you and people who visit your site, we permit you to publish information regarding yourself and your services. We do not recommend or endorse you, and we are not responsible for the accuracy or reliability of any opinion, advice, or statement made by you or otherwise through your site. It is your responsibility to ensure the accuracy, completeness, or usefulness of any information or content available on or through your site.

Limitation of Liability
We specifically disclaim any liability, whether based in contract, tort, strict liability or otherwise, for any actual, direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of your site, even if we have been advised of the possibility of such damages, including liability in connection with mistakes or omissions in, or delays in transmission of, information to or from the user, interruptions in telecommunications connections to the site or viruses, whether caused in whole or in part by negligence, acts of God, telecommunications failure, theft or destruction of, or unauthorized access to the Web site, software, or related information, records or programs and whether in contract or tort.  You agree to release, indemnify, defend and hold RECHANNEL harmless from and against any liability, damages, costs or losses arising from or in connection with any use of the Services.

Modifications to Policies
We reserve the right to modify the policies governing any RECHANNEL service at any time. Modifications will be posted to our corporate website at ../ or otherwise made available to you. Once posted to our website or otherwise made available to you, you are deemed to be apprised of and bound by any changes to these policies.

Governing Law
RECHANNEL Communications, Inc. operates from its offices within the United States of America. RECHANNEL makes no representation that the information in your site is appropriate or available for use in other locations, and access to your site from territories where its contents may be illegal is prohibited. Those who choose to access your site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any claims relating to the information available on your site will be governed by the laws of the State of Florida, USA.  This agreement is assignable by RECHANNEL Communications, Inc. only.

Cancellation and Termination
If you cancel your site within three (3) business days of ordering you will receive a 50% refund. Signed written notice of cancellation must be received within this period. After the initial three-day cancellation period, we are unable to refund any portion of your setup or paid fees.  At any time, you may terminate your account with RECHANNEL by providing signed written notice 30-days prior to the end of your then current billing cycle (quarterly or annual).  RECHANNEL will deactivate your site off our servers within 10-15 business days of receipt of termination notice and it is your responsibility to archive any information from your site before deactivation.  If signed written notice is received at least 30-days prior to the end of your then current billing cycle, your account will be billed for any outstanding charges and then closed.  Otherwise, your credit card may be charged for pre-payment of the then next billing cycle for your site.  Written notice of termination must be sent to:


RECHANNEL Communications, Inc.
Billing Department
2525 SW 27th AVE
Suite 200
Coconut Grove, FL 33133

Or, by fax to 305-858-3466