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Terms and Conditions

Information About Your Billing of Services and Other Terms and Conditions

1. Service is billed monthly, quarterly, semi-annually, or annually and may be cancelled with no penalty. Any cancellation must be made in writing (e-mail, FAX, or U.S. Post Office Mail) and will become effective at the end of the payment contract term. Upon cancellation of service, for any reason, all outstanding charges for hosting and ad services will be due immediately and will be billed and are due immediately. Ocean-Beach.com reserves the right to change the rates and otherwise modify these Terms and Conditions by notifying you 30 days in advance of the effective date of change.

2. The fees charged to you for web development are non-refundable.

3. Service is billed and to be paid by check. If said check or other payment is declined by issuing bank for any reason, all services provided by Ocean-Beach.com will be suspended until payment in full for unpaid services and fees resulting in non or declined payment is received. It is not the responsibility of Ocean-Beach.com or it’s employees to contact said issuing bank, of non-payment. In instance of bank error, Ocean-Beach.com will remove any late payment or returned payment charges upon receipt of written explanation of non or returned payment from issuing bank.

4. Fee for returned personal or company check is $25.00. Fee for payment declined by credit card bank is $25.00. Fee for late payment is $15.00. Any service disconnection or suspension shall require a $15.00 re-connect fee.

5. Ocean-Beach.com reserves the right to decline any services to any customer for any reason.

6. Ocean-Beach.com offers a 30 day money back guarantee if not completely satisfied and applies to all new orders. The 30 day money back guarantee only applies if actual bandwidth usage is less than 300 MB within that 30 day period. For Standard, Secure, and Audio/Video Hosting Plans there will be a full refund minus the $20 domain registration fee (if applicable). For all other hosting packages the refund will be for the hosting fees only - any one time setup fees will not be refunded. All refunds will be issued via check and delivered via regular mail delivery.

7. Additional bandwidth usage over the amount allotted in the hosting plan or the pre-arranged, pre-paid amount will be billed at the end of that month to the pre-arranged credit account. Billing of additional bandwidth usage is subject to all other terms of this agreement.

8. Use of Ocean-Beach.com systems constitutes acceptance of these Terms and Conditions.

Ocean-Beach.com General Terms, Hosting, Advertising, and Your E-Mail @ddress Contract

The Subscriber, User, or Advertiser agrees to the following Terms and Conditions of this Ocean-Beach.com Hosting Contract (hereinafter the Contract).

1. The phrase "the subscriber" refers to the person or entity which uses Ocean-Beach.com systems. The term "Advertiser" refers to any person or entity that advertises their services through Ocen-Beach.com. The terms "User" or "Visitor" refer to any person or entity that views any part of the Ocean-Beach.com website. The use of Ocean-Beach.com in any way constitutes acceptance of these Terms and Conditions.

2. Services provided to the Subscriber or Advertiser by Ocean-Beach.com may only be used in accordance with all applicable laws, statutes, regulations and rules and solely for lawful purposes. Transmission, promulgation, theft, procurement of, communication, alteration, publication or storage of any information, protected material/property, data or material in violation of any National Law of any sovereign nation, or of International Law, the United States Code, or of any state or local law, statute, regulation or rule is strictly prohibited. This includes, but is not limited to any material, data, matter, software/software code, intellectual property, protected by copyright, trade mark, privacy or other proprietary, personal or property right, trade secret, or any other statute. It is unlawful and a violation of this Contract to communicate, transmit, or promulgate in any matter, means or medium, material legally judged to be threatening, any threatening or harassing communication of any sort, or to otherwise use these services for any illegal or unlawful purposes.

3. Any attempt to violate the security, stability, or integrity of any Ocean-Beach.com servers or websites is strictly prohibited and grounds for cancellation of services and legal action.

4. All Trademarks are property of their respective owners.

5. The Subscriber, Advertiser, or User agrees to indemnify and hold harmless FairHarbor.com, its officers, shareholders, agents and employees and its other subscribers from any and all claims, costs, expenses, judgments, causes of actions, attorneys fees, litigation and court costs resulting from the subscriber's use of Hosting and Advertising Services in any manner, whether directly, indirectly or by any act of commission or omission.

6. The Subscriber, Advertiser, or User is solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations pertaining (i) to the subscriber's use any Hosting Services, and (ii) the communications means by which the Subscriber or Advertiser connects their terminal or PC to Hosting Services or any other service provided by the Corporation.

7. Hosting or Advertising payments are due the on the first day of each month. Payment is for the current month (e.g. April's fee is due April 1). Payments not made by the 15th day of the commencement of the payment period are to be considered delinquent and will be charged interest at the rate of 1.5% per month (18% per cent per annum), or the maximum permitted legal rate, whichever is higher. Returned checks will be charged a fee of the maximum pecuniary penalty permitted by law.

8.In the event the Ocean-Beach.com is required to engage the services of an attorney because of a breach by the Subscriber or Advertiser of any of the terms herein contained, the Subscriber or Advertiser agrees to pay all of the Corporation's reasonable attorneys fees and court costs. Upon breach of this Contract, all of subscriber's rights and privileges shall be immediately terminated and upon any such termination for breach of the provisions of this Contract, or the breach of any applicable law or statute governing the use of the services provided, all Subscriber or Advertiser fees shall be forfeited as liquidated damages to the Corporation.

9. The Subscriber or Advertiser agrees that Ocean-Beach.com has the right to delete all data, files or other information that is stored in the subscriber's account if the subscriber's account is terminated, for any reason, by either Ocean-Beach.com or the subscriber. This does NOT apply to subscribers or advertisers who have contracted Ocean-Beach.com to create their site. These subscribers will have their site content delivered to them by email or postal mail in the event the subscriber's account is terminated.

10. The Subscriber or Advertiser rights herein granted cannot be transferred, shared, sold, or used by anyone other than the subscriber.

11. Accounts on Hosting services or Advertising services can be canceled at any time by either  Ocean-Beach.com or the subscriber or advertiser, upon receipt of written notice sent by the Subscriber or Advertiser to the address of the Ocean-Beach.com listed in this Contract, or by FairHarbor.com, upon 10 days written notice sent to the last mailing address listed with the Ocean-Beach.com by the Subscriber or Advertiser on the Account Application. It shall be the responsibility of the Subscriber or Advertiser to update Ocean-Beach.com with a valid mailing address to which notices can be sent. The foregoing provisions to the contrary notwithstanding, Ocean-Beach.com can immediately terminate the subscriber's access to Hosting Services or Advertising Services for breach of paragraph 2.

12. Ocean-Beach.com shall have the right to suspend service to the Subscriber or Advertiser at any time, for reasonable cause (such as Unsolicited Commercial Email).

13. The Subscriber or Advertiser certifies that he or she is at least 18 years of age, and agrees to assume the responsibility of a parent or guardian for any minors who may have access to the subscriber's account provided by FairHarbor.com.

14.LIMITED WARRANTY. Ocean-Beach.com WARRANTS THAT, IF A Subscriber or Advertiser IS DISSATISFIED WITH THE SERVICE, Ocean-Beach.com WILL, UPON WRITTEN NOTIFICATION RECEIVED FROM THE Subscriber or Advertiser TO FAIRHARBOR.COM, REFUND THE SERVICE FEES FOR THE CURRENT MONTH OF THE DATE OF RECEIPT OF WRITTEN NOTICE AND ANY PREPAID FEES FOR FUTURE MONTHS. OTHER THAN THE FOREGOING, NO WARRANTY IS MADE BY Ocean-Beach.com REGARDING ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH, IN CONNECTION WITH, OR LOCATED ON THE COMPUTER SYSTEMS OF THE HOSTING SERVICES OF OTHER SERVICES PROVIDED BY FairHarbor.com, AND THEREFORE HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: (i) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF INFORMATION, PRODUCTS, OR SERVICES; AND (ii) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

15. LIMITED LIABILITY. ANY LIABILITY OF Ocean-Beach.com INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, ELECTRICAL SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID BY OR ON BEHALF OF THE Subscriber or Advertiser Ocean-Beach.com FOR THE CURRENT MONTH.

16. SPAM. Ocean-Beach.com does not allow email spamming from accounts on our machines or from any machine not on Ocean-Beach.com 's network where the recipient of the bulk mailing response is either a web site hosted by Ocean-Beach.com or an email account on a Ocean-Beach.com server. "Spamming" is defined as sending unsolicited email to a list of email addresses. We judge whether an email spam has occurred by the nature and volume of complaints we receive from people who receive the email. When you have Web space with us and spam from another account or machine advertising a site you have hosted with us, you could LOSE YOUR ACCOUNT, no questions asked.

17.  Netscape, Netscape Navigator, and the Netscape Logo are registered trademarks of Netscape Communications, Inc. Windows, Windows 95, Windows NT, and The Microsoft Internet Explorer are registered trademarks of Microsoft, Inc.

18.  No warranties are expressed or implied. No warranties with respect to the service to be provided hereunder, client acknowledges that Ocean-Beach.com makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness of this service for a particular purpose. As a result, client agrees that Ocean-Beach.com or it's suppliers shall not be liable to client or any of its customers for any claims or damages which may be suffered by client or its customers, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, or inability to transmit or receive information, caused by, or resulting from, delays, non-deliveries, or service interruptions whether or not caused by the fault or negligence of FairHarbor.com. Client hereby agrees to indemnity and hold harmless Ocean-Beach.com from any and all claims of whatever nature brought by any of client’s customers against FairHarbor.com.

19. Upon acceptance of the subscriber's Account Application and upon payment as provided therein, the Subscriber or Advertiser will be provided with instructions of how to contact FairHarbor.com.

20. This Contract represents the complete understanding between the parties as to the subject matter hereof, and supersedes all prior written or oral negotiations, representations, guaranties, warranties, promises, orders, statements or agreements between the parties or any statement or representation made or furnished by any other person representing or purporting to represent either party.

21.These Terms and Conditions supersede all previous representations, understandings or agreements. If any part of this agreement is decided by a jury to be contrary to law, the rest of the agreement remains in full force and effect. Use of Ocean-Beach.com systems constitutes acceptance of these Terms and Conditions.

22. Warranties: No warranty is made in any way as to number or quality of Hits, Sessions or Impressions nor to server up-time or access bandwidth.

23. Adjustment Policy Ad Copy: We make every effort to avoid mistakes in your Ad. Please check all details immediately upon publication. Ocean-Beach.com assumes no liability in any way for errors or omissions.

24. Equal Housing Opportunity: All real estate and rental solicitations are subject to the Federal Fair Housing Act of 1968. It is illegal to advertise any preference, limitation or discrimination based on race, color, religion, sex, handicapped, familial status, or national origin, or intention to make any such preference, limitation or discrimination. We will not knowingly accept any advertising for real estate which is in violation of the law. Our visitors are hereby informed that all dwellings advertised on this site are available on an equal opportunity basis. To complain of discrimination, call HUD Tollfree at 1-800-927-9275. The New York City Commission of Human Rights Hotline is at (212) 306-7500. The Open Housing Center is at (212) 941-6101.

25. Truth In Advertising: We believe that our advertisers take care in promoting in a fair and truthful manor. We cannot guarantee that they will do so. Please report all abuses to Webmaster@Ocean-Beach.com and also to the corresponding authorities and Better Business Bureaus. Consumers who feel they have encountered misleading or fraudulent advertising are encouraged to contact the New York City Department of Consumer Affairs at (212) 487-4358 or the Better Business Bureau at (900) INFO-BBB ( at $0.95 per minute). Find out about a vendor's record before doing business with them.

26. Privacy: Ocean-Beach.com   recognizes the importance of protecting the privacy of Personally-Identifying Information about you as a user of this Website. This Website does not collect Personally-Identifying Information about you except for information that you voluntarily provide (for example, when you post a message to a bulletin board, send us e-mail, or provide shipping and billing information for an online purchase). We also may use   "cookies" that store bits of information that you entered and/or submitted in an attempt to make your browsing experience more pleasant. These cookies reside on your harddisk and are by design only accessible by you or the website

We consider the following to be Personally-Identifying Information: your name, address, phone number, date of birth, job, personal interests, credit card information, and if linked with your other Personally-Identifying Information, your e-mail address, shopping selections and data about the pages you visited on this Website. Personally-Identifying Information is used by Ocean-Beach.com to process your online purchases, to inform you about other products and services, to update you, to improve the products and services we offer, and otherwise to better meet the needs and preferences ofcustomers, visitors, and users. Personally-Identifying Information is treated confidentially within Ocean-Beach.com . From time to time, we may share Personally-Identifying Information with other Ocean-Beach.com companies, and occasionally with third parties that we believe offer products or services that may be of interest to you.

Users should be reminded that any Personally-Identifying Information that is voluntarily posted by a user to a public area of this Website (for example, a posting to a bulletin board or chat room) may always be collected and used by others. We cannot prevent such uses.

SPECIAL NOTICE TO PARENTS: No Personally-Identifying Information provided by a user whom we identify as a minor will be used for further marketing and promotional purposes. Ocean-Beach.com encourages you to ask your children to seek your permission before providing information about themselves or their family over the Internet. Parents assume full responsiblity for any actions of their children.

SPECIAL NOTICE TO KIDS: Ask your parent or guardian for permission before you send any personal information over the Internet.

Our privacy policies are under frequent review. Our change to the policies will be posted. If you have questions or comments, about our privacy policy, you may contact us by e-mail at Webmaster@Ocean-Beach.com

You have the right to request removal from any list by e-mailing Webmaster@Ocean-Beach.com with "Remove" on the subject line and an explanation of what you'd like to have removed. We will attempt in a timely fashion to follow your request.

27. Unsolicited Submissions: Ocean-Beach.com welcomes comments regarding the Service. However, Ocean-Beach.com's policy is not to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. We hope that You will understand that it is the intent of this policy to avoid misunderstandings when projects developed by Ocean-Beach.com's very productive staff are similar to someone else's creative work. Accordingly, You agree not to send any such ideas to Ocean-Beach.com. Ocean-Beach.com requests that You be specific in Your comments on the Service and not submit any creative ideas, suggestions or materials. If, despite the above, You send us creative suggestions, ideas, notes,drawings, concepts or other information (collectively "Information"), the Information shall be deemed, and shall remain, the property of Ocean-Beach.com. None of the Information shall be subject to any obligation of confidentiality on the part of Ocean-Beach.com and Ocean-Beach.com shall not be liable or owe any compensation for any use or disclosure of the Information.

28. Links and Endorsements: Ocean-Beach.com makes no representations whatsoever about any other website which you may access through the Ocean-Beach.com pages. When you access a non- Ocean-Beach.com website, please understand that it is independent from Ocean-Beach.com, and that Ocean-Beach.com has no control over the content on that website. In addition, a link to a non- Ocean-Beach.com website does not mean that Ocean-Beach.com endorses or accepts any responsibility for the content or the use of such website. It is up to you to take precautions to ensure that whatever you select for your use is non-offensive to you and free of such items as viruses, worms, trojan horses and other items of a destructive nature.