Terms
of Service
By
visiting this Web site and/or using or purchasing goods
and/or services from or through this Web site, you agree
to be subject to the terms and conditions set forth
herein and all applicable laws. We reserve the right
to revise these terms and conditions and any product
offerings or pricing at any time.
This
offer is expressly conditioned upon your acceptance
of these Terms of Service ("Terms"). Your
use of or access to services provided by Cambrig
constitutes your Agreement to these Terms, as in effect
from time to time. This offer and your acceptance thereof
represents the entire agreement between you and Cambrig, and supersedes any and all other communications,
prior, contemporaneous or subsequent, and any course
of performance or course of dealing, except as modified
by revisions of this posting by Cambrig or by written
agreement by an authorized officer of Cambrig (provided,
however, that any such revised posting shall take effect
prospectively from the date of the posting.) The Terms
and the relationship between you and Cambrig shall
be governed by and interpreted in accordance with the
laws of the Commonwealth of Massachusetts, United States
of America, without reference to its principles of conflicts
of law. Cambrig reserves the right to send notices
to its customers of changes to the Cambrig Privacy
Statement or these Terms of Service, or of any material
changes affecting their service.
It
is your responsibility to keep Cambrig notified
of any changes to your e-mail address or other contact
information to assure that customers receive all such
notices from Cambrig. Billing and contact information
can be updated directly through the Cambrig Control
Panel or by contacting Cambrig's Support department
at exchangesupport@cambrig.co.uk.
Customers
are responsible for keeping billing information up to
date. Cambrig reserves the right to suspend an account
if, for any reason, we are not able to process payment
through the credit card or payment is outstanding. You
can review and correct information through the "Edit
Billing Details " link in the Control Panel.
Minimum
Monthly Requirement
Customers
of our Service are required to spend a minimum of £50
per month. Customers that do not meet this minimum requirement
will be charged an additional fee to reach this minimum
requirement.
Refund
and Cancellation Policy
Unless
specifically noted otherwise for the service that you
signed up for, you are free to cancel your service at
any time.
If
you purchase a service that includes a 30-day trial,
you are allowed to make full use of the service after
signup. If you decide to cancel within 30 days of your
signup date by sending an e-mail to exchangesupport@cambrig.co.uk,
then you will not be charged any setup or recurring
fees. However, if you do not cancel during this 30-day
trial period, then you will be obligated to pay all
fees that you have incurred from the signup date until
your cancellation date.
If
you purchases a service that includes a 30-day money-back
guarantee, Cambrig will refund all monthly fees
previously paid by you upon your request. The 30-day
money-back guarantee refers to credit-card payments
only. Due to the costs associated with processing payments
made by check and Western Union, we are not able to
offer the 30-day money-back guarantee for customers
who utilize these payment methods.
Set-up
fees, fees for products not included in your service
- such as domain names - and monthly charges incurred
after the first 30 days are not refundable.
If
you select the quarterly or annual payment option and
choose to cancel your account, after the first 30 days
you may be eligible for a partial refund. Cambrig
will charge you the current monthly rate for the months
you were a customer and refund any balance. Your refund
will generally be made in the same form of payment you
choose to use when paying for your service (e.g., credit
card, check or Western Union).
The
terms and conditions, Terms of Service, product offerings
and pricing are subject to change at any time, without
notice
User Data
Pursuant
to Cambrig's Privacy Statement, Cambrig may
disclose to third parties certain aggregate information
contained in your Registration Data or related data,
provided that, such information will NOT include personally
identifying information, except as specifically authorized
by you or in the good faith belief that such action
is reasonably necessary to comply with the law, legal
process, to enforce the Terms, or under any of the other
circumstances set forth in the Cambrig privacy policy,
as may be amended from time to time.
Cambrig Service and Content
Cambrig services may only be used for lawful purposes.
Transmission or solicitation of any material that violates
United States Federal, State or other laws that may
apply in this jurisdiction or your local area is prohibited.
This may include material that is obscene, threatening,
harassing, or libelous, promotes gambling, or is in
any way a violation of intellectual property laws. No
material may be stored on or transmitted through any
servers hosted by Cambrig that would commonly be
considered "indecent" or "appealing to
the prurient interest" also commonly referred to
as "adult" material, nor will any links to
such Web sites be tolerated within the content hosted
by Cambrig.
Reseller
Program
Resellers
who sign up clients to become customers of Cambrig
are subject to the following additional terms: By signing
up a customer to Cambrig, the Reseller agrees both
on behalf of such reseller and on behalf of each customer
signed up by such reseller, to Cambrig Terms of
Service as in effect from time to time. In the event
any customer site is determined by Cambrig to be
in violation of these Terms of Service, Reseller shall
upon receipt of notice from Cambrig to such effect,
take prompt steps to remedy such situation, so that
the site is in full compliance with these terms of Service
as determined by Cambrig.
Cambrig is not responsible for the actions, or misrepresentations
of resellers. Reseller hereby agrees to indemnify Cambrig from and against any and all claims made by any
such customer which result from Reseller's misrepresentation,
breach of these Terms of Service or other improper actions
of such reseller. Cambrig reserves the right to
revise its reseller program and these Terms of Service
at any time. Changes shall take effect when posted to
this site by Cambrig.
Customers
who have been signed up by such resellers hereby agree
to operate their web sites in accordance with these
Terms of Service as in effect from time to time.
Reseller
assumes all responsibility for the billing and technical
support for each customer signed up by such reseller.
Cambrig reserves the right to refuse any inquiry
made to technical support by each customer signed up
by any reseller.
Spam
Policy
Sending
unsolicited commercial or bulk e-mail or any other method
of distributing electronic messages to recipients who
have not requested them, otherwise known as "spam"
from our servers, or sending such e-mail with a Cambrig-hosted
Web site listed as the contact address, or any use of
Cambrig's services or systems associated in any way
with such mailings is strictly forbidden. Cambrig will
immediately terminate, without any warning, the account
of any customer who conducts these activities. Cambrig
also reserves the right to remove customers who send
mass/spam news postings, as well as any accounts advertising
or distributing software or services that may contribute
to news or e-mail spamming. When a complaint is received,
Cambrig has the discretion to determine from all of
the evidence whether the email recipients were from
an "opt-in" email list. Cambrig reserves the
right to report such violations to the proper government
authorities, as well as Internet service providers,
and Internet control organizations. To report spam,
please forward the spam with all original headers to
exchangeabuse@cambrig.co.uk
It
is a violation of these Terms for you to misuse or fraudulently
use credit cards, charge cards, electronic funds transfers,
and/or electronic checks. A determination of such misuse
or fraudulent use shall be in Cambrig's sole discretion.
Further, Cambrig shall report, and you shall waive
all rights to privacy, to the extent permitted by law,
all such misuses and fraudulent uses as determined by
Cambrig in its sole discretion to appropriate government
authorities, credit reporting services, financial institutions
and credit card companies.
It
is a violation of these Terms for you to attempt to
breach or to breach the security or firewall systems
of Cambrig, its Internet access provider, or its Affiliates.
If you become aware of such an attempt to breach or
actual breach, please notify us at exchangeabuse@cambrig.co.uk.
Complaints may be investigated by Cambrig but Cambrig
is under no obligation to act or not act with regards
to any complaint. Any action taken on a complaint will
be at the sole discretion of Cambrig. Notice of attempts
to breach or actual breaches of such security or firewall
systems should be directed to:
LIABILITY
LIMITATION
YOU
AGREE THAT ALL ACCESS AND USE OF CAMBRIG AND THE CONTENT
THEREOF IS AT YOUR OWN RISK. IN NO EVENT SHALL CAMBRIG
BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES
ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO ACCESS
OR USE (i) Cambrig AND/OR ITS CONTENT, (ii) ANY TOOLS
OR SERVICES ON Cambrig, (iii) ANY CUSTOMER CONTENT ON
Cambrig's SERVERS, OR OUT OF ANY ERRORS OR OMISSIONS
IN THE CONTENT THEREOF. YOUR SOLE REMEDY FOR DISSATISFACTION
WITH THIS WEB SITE, SITE-RELATED SERVICES, PRODUCTS,
AND/OR CONTENT CONTAINED WITHIN THE WEB SITE, OR WITH
THE EXTENT TO WHICH SUCH WEBSITES ARE "UP"
OR ARE AVAILABLE FOR ACCESS BY YOU OR OTHER USERS OF
THE INTERNET, IS TO STOP USING Cambrig.
WARRANTY LIMITATION
CAMBRIG AND ITS CONTENT ARE PROVIDED "AS IS",
WITH NO WARRANTIES WHATSOEVER. ALL REPRESENTATIONS AND/OR
WARRANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED OR
STATUTORY, INCLUDING, WITHOUT PARTICULAR LIMITATION
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY
RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT
PERMITTED BY LAW. ALL CUSTOMERS ACKNOWLEDGE THAT ANY
WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCT
AND/OR SERVICE AVAILABLE THROUGH CAMBRIG IS PROVIDED
SOLELY BY THE OWNER, ADVERTISER, OR MANUFACTURER OF
THAT PRODUCT AND/OR SERVICE, AND NOT BY CAMBRIG.
Severability
If
any provision of these Terms should, for any reason,
be held invalid or unenforceable in any respect, the
remainder of these Terms shall be enforced to the full
extent permitted by law. A court of competent jurisdiction
is hereby empowered to modify the invalid or unenforceable
provision to make it valid and enforceable.
Waiver Of Jury Trial
Both
you and Cambrig hereby agree to waive all respective
rights to a jury trial of any claim or cause of action
related to or arising out of these Terms. The scope
of the waiver is intended to be all encompassing of
any and all disputes that may be filed in any court
and that relate to the subject matter herein, including
without limitation, contract claims, tort claims, breach
of duty claims, and all other common law and statutory
claims. You and Cambrig each acknowledge that the
waiver is a material inducement for each party to enter
into a business relationship, that each party has already
relied on the waiver in entering into these Terms and
that each will continue to rely on the waiver in their
related future dealings. Each party further warrants
and represents that each has had the opportunity to
have legal counsel review the waiver. The waiver is
irrevocable, meaning that it may not be modified either
orally or in writing, and the waiver shall apply to
any subsequent amendments, renewals, supplements or
modifications to these Terms. In the event of litigation,
these Terms may be filed as written consent to a trial
by court.
Miscellaneous
These
Terms shall bind and benefit the successors and heirs
of the parties.
By
visiting this Web site and/or using or purchasing goods
and/or services from or through this Web site, you consent
to the federal and state court of the Commonwealth of
Massachusetts having jurisdiction over you.
Updated October 28, 2004
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