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Terms of Service and Use
Spa-N-Things
Spa, Massage, Health Products & Equipment wholesale distributor and Promotion Services (Print a copy of this TOS Policy for your records).
TERMS OF SERVICE, PRIVACY, REFUND AND ACCEPTABLE USE POLICY
These Terms Of Service And Acceptable Use Policies ("Terms and Policies") are an essential part of your relationship with Spa-N-ThingsBy using your Spa-N-Things account, you agree to all of the Terms and Policies set out in this document.
1. General Terms and Policies. Spa-N-ThingsSpa, Massage, Health Products & Equipment wholesale distributor and Promotion Servicesequipment and facilities may be used to conduct private and commercial transactions, send electronic mail, transfer files, and otherwise participate in all legal aspects of the Internet (these uses are referred to in this document as "the Service"), subject to these Terms and Policies.
The Service is provided to authorized persons or organizations (referred to in this document as "subscriber", "your" or "you"). Any use of the service is subject to any restrictions listed below. By using the Service, you agree to be bound by all of theses Terms and Policies. If you do not agree to be bound by these Terms and Policies, you must cancel your account immediately and may not thereafter use or attempt to use the Service.
Spa-N-Thingsgrants you a non-exclusive right to access, use and display the Service on any computers or other electronic display devices of which you are a primary user. You may not assign, sub-license or transfer any rights or obligations of the Service without the express written consent of Spa-N-Things.
2. Coverage. If you are an individual Subscriber, these Terms and Policies apply to all persons who gain access through your account. If you are a commercial Subscriber, these Terms and Policies apply to all your employees, agents and/or customers. In either instance, a violation of these Terms and Policies by anyone using your account will be treated as a violation by you.
3. Prices and Charges. Spa-N-Thingscharges for the Service are set at the time the service is ordered. Spa-N-Thingswill provide notice to the Subscriber, via e-mail, prior to any changes in pricing.
Fees and charges are due on a specific date or if no date is specified, "Upon Receipt" of invoice either delivered by US Postal Service, private carrier, hand-delivery or by electronic means (email). Accounts not paid on the date they are due may go into a "suspension" period.
advertising space is paid ahead of time. No bill or invoice is issued Spa-N-Thingsmay without further notice terminate your account. Termination does not remove your responsibility to pay all fees incurred up to the date that WFL.com terminates your account. If Spa-N-Thingsincurs any fees or costs in collecting any past-due amounts, including costs of attorneys or a collection bureau, those fees and costs will be added to the amount you owe. Spa-N-Thingsmay, at its discretion, place your account on suspension for non payment at any time prior to termination.
a. Massage,Spa, Health equipment will be charged to any account that has been suspended for but not limited to, "Non payment", "Charge backs" and "Late Payments". This Reactivation fee is set at $25.00 per occurrence and will have to be paid PRIOR to the reactivation of the account, as well and any and all other fees that are due at that time. Any client that chooses to Cancel their account will still be required to pay any and all fees due prior to the release of the suspension and reactivation even for the purposes of deleting, copying or transfer of files.
b. Unsolicited Bulk E-mail ("spam") cleanup: $500.00 + $1 per message sent + $50 per complaint received by Spa-N-Things.
c. Any checks returned by the issuing institution will be charged a processing fee of $25.00
4. Term. Any advertsing & Wholesale accounts The Service is provided to you on a month-to-month basis. Spa-N-Thingsmust receive written notice of termination (which may be by first-class mail or fax) from you at least one business day prior to end of a month, or the Service will be provided and charged to you for the following month. The notice of termination must be signed by the Subscriber; notice of termination by e-mail is not acceptable.
5. Resellers. Resellers and any accounts they set up under their service are all bound by the same Terms of Service set forth in this document. It is advisable to resellers to make these TOS available to your clients as they will also be bound to the content herein, and your setting up of their account is considered to be acceptance by all parties to the Terms of Service set forth.
a. Should a reseller account be held as past due all account within that account may be suspended for non-payment of the service.
b. Reseller client accounts may then become the property of Spa-N-Things.comand can be reactivated for the client upon purchase and payment of a Spa-N-Things.comaccount. Any payments made to the reseller by a Client are solely the responsibility and liability of the reseller and the client there under. Payment to a reseller is not a payment to Spa-N-Things.com. Grounds for payment made to a reseller are between the reseller and the client. Spa-N-Things.comhas no action or interest in the transaction.
6. Grounds for Suspension and Termination. As an Spa-N-Things.comSubscriber, you agree to comply with these Terms and Policies. Any violation of either these Terms and Policies may serve as cause for Spa-N-Things.comto suspend or terminate your account. You agree that Spa-N-Things.comhas the right, with or without notice, to suspend or terminate your account upon the first or subsequent occurrence of any of the following:
a. Using the Service in a way which constitutes violation of any copyright, trademark, applicable statute, law, court order, tariff, regulation, or treaty (including, but not limited to, intellectual property, communications, privacy, criminal and international law);
b. Using the Service in a manner intended to abuse or violate the privacy or property rights of others, including but not limited to sending of unsolicited bulk e-mail ("spamming"); this ground for suspension or termination is separate from and in addition to the fees which will result from such activity;
c. Using the service to store, transfer, or advertise the following: pornography, nudity, violations of privacy, computer viruses, hacking, spyware, "warez", and any harassing and/or harmful material or uses;
d. Using the Service in an attempt to break security, or so as to actually break security of any computer network (including the Service itself), or to access an account, message, or file which does not belong to you;
e. Using the Service in such a way as to forge or misrepresent headers, addresses, or other identification in website pages or electronic mail, or using any other method to disguise the sender's identity or location;
f. Excess utilization of system or network resources, including, but not limited to the use of CGI scripts or programs which consume an unreasonable amount of Central Processing Unit ("CPU") usage or Random Access Memory "RAM");
g. Posting commercial messages to a USENET group for the purposes of promoting your website, where the posting is not approved by the specific USENET group in its charter;
h. Using the Service to promote or solicit competing Internet services;
i. Using the Service for unauthorized relays through any third party systems;
j. Using the Service for mail-bombing, which includes any instance where multiple messages are sent to a specific destination with the intent to render the recipient and/or the electronic system serving that recipient dysfunctional;
k. Using the Service to add or attempt to add addresses to any mailing list (yours or a third party's) without the explicit positive consent of the address (s);
l. A significant number of complaints regarding Subscriber's failure to be reasonably accessible to Subscriber's customers or to fill orders in a timely manner;
m. Engaging in harassment, whether through language, frequency, or size of e-mail messages;
n. Using the Service to engage in system flood attacks, which are defined as overburdening a recipient computer system by sending a high volume of spurious data which effective impedes or totally disables functionality of the recipient system (s), or any other methods of denial-of-service attacks;
o. Furnishing false data on your sign-up form, contract, or online application, including providing fraudulent credit card or other payment information.
p. Improper client conduct toward Spa-N-Things.com,BonaFide Job Affilaites staff, or other abuse directed at the staff or services of Spa-N-Things.com. Improper client conduct is considered but not limited to: cursing, yelling, and threatening comments either on the phone, in an email or in person. Any abuse to a person in the employ of Spa-N-Things.comwill not be tolerated and will result in instant termination of service.
No bill credit will be given for a period of suspension. In the event of termination of your use of the Service under this section, Spa-N-Things.commay at its sole discretion retain any or all amounts you have paid for use of the Service as liquidated damages for your actions.
7. Resource Abuse Policy. Any website on our shared servers that uses a high amount of server resources (CPU, memory usage, and network resources) will be given an option to pay for a dedicated server. The abuse and misuse of system resources is a serious problem, and Spa-N-Things.comdoes not tolerate it. Accounts on a shared server must be shared with other users, so we must limit how much of the CPU and memory that can be used by any one account.
In all fairness, we cannot allow one or two clients to use all of the system resources on a shared machine and have all other clients suffer because of it. Excessive CPU & memory usage by one or more clients causes extreme slowness in all areas: MySQL, Email, HTTP and more. If the CPU & memory usage by a few clients gets out of hand, all sites hosted on the machine will return errors and not be accessible in any way.
There are special exceptions to these rules to be determined at the time we discover abuse. There are different combinations of usage that can create problems and other special cases. At any given time a server is unstable and an account is found to be the cause, we reserve the right to suspend the account to keep the server online and operating normally. If the usage is an increasing trend, we recommend the user invest in a dedicated server so the website can grow at a normal rate without restriction.
RESOURCE ABUSE SUSPENSIONS In the event your website has been suspended for resource abuse, (abuse that cannot be resolved by removing/changing a script, etc.) and you do not wish to upgrade to a dedicated server to accommodate your site needs, we will only release the suspension after a period of 24-48 hours of suspension has passed. This is to ensure the CPU intensive site slows down in traffic to avoid further damage and problems. A backup will then be provided of your files or you will be allowed FTP/cPanel access for a certain time period. You also agree by acceptance that v will not and can not be held liable for and losses you may incur during a period of suspension or termination. Any questions about our abuse policy may be answered by emailing our abuse department at abuse@spa-n-things.com
8. Security. You agree not to access or attempt to access private areas of the Service. You agree to notify Spa-N-Things.comas soon as you become aware of an unauthorized use of your account and/or any breach or attempted breach of security on the Service.
9. Liability. You agree that use of the Service is at your own risk. Except for information, products, or services clearly identified as being supplied by Spa-N-Things.com, neither Spa-N-Things.com nor any of its affiliates controls, provides, operates, or is in any way responsible for any information, products, or services accessible through the Service. You also agree by acceptance that Spa-N-Things.com will not and can not be held liable for and losses you may incur during a period of suspension or termination. Spa-N-Things.com neither endorses nor is responsible for the accuracy of third-party material (s), and you agree that v is not responsible for any loss or damage caused by your use of, or reliance on, such material (s).
You agree to be liable for any damages or loss of service which results in damages to Spa-N-Things.com as a result of any spamming or other violations of Section 5 above. These damages include, but are not limited to, system shut downs, retaliatory attacks or data flooding, and loss of peering arrangements. You agree that Spa-N-Things.com may pursue any such claims against you in District Court in Arkansas.
You agree that in no event will Spa-N-Things.comhave financial liability to you in excess of the dollar amount remaining on your current service period.
10. Warranty. WFL.com MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SERVICE, OR ANY SOFTWARE OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICE, REGARDLESS OF WHAT YOU MAY HAVE TOLD WFL.com ABOUT YOUR INTENDED USE OF THE SERVICE. NO ORAL ADVICE OR INFORMATION GIVEN BY Spa-N-Things.com OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR OTHERWISE ALTER THE PROVISIONS OF THIS SECTION.
THE SERVICE AND ANY SOFTWARE PROVIDED TO YOU BY Spa-N-Things.com ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS; Spa-N-Things.com DOES NOT WARRANT THAT THEY WILL BE ERROR-FREE AND/OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED. Spa-N-Things.comDOES NOT GUARANTEE THE SECURITY OR BACK-UP OF ANY OF YOUR DATA WHICH MAY BE STORED ON THE SERVICE.
11. Privacy. Spa-N-Things.com commits to follow the controlling Federal and state laws respecting Subscriber privacy and data access. Spa-N-Things.com will not provide names, addresses, telephone numbers, e-mail addresses, or other personally identifiable information on any Subscriber to any third party without prior permission from that Subscriber, or as required under an appropriate court or administrative directive, including a facially valid subpoena, or as necessary to render the Service. Spa-N-Things.com may provide aggregate data on Subscribers to third parties in the operation of Spa-N-Things.com's business.
Spa-N-Things.comis highly sensitive to the privacy interests of consumers and believes that the protection of those interests is one of its most significant responsibilities. In acknowledgment of its obligations, ArkansasWebHosting.net has adopted the following Privacy Policy applicable to information about consumers that it acquires in the course of its business:
a. Acquisition of Information. We do not acquire any more information about consumers than is required by law or is otherwise necessary to provide a high level of service efficiently and securely.
b. Our Employees and Privacy. We train all of our employees about the importance of privacy. We give access to information about consumers only to those employees who require it to perform their jobs.
c. Security Measures. We make access to privacy-sensitive information subject to rigorous procedural and technological controls, consistent with legal requirements and the demands of customer service.
d. Disclosure to Third Parties. We will provide individually-identifiable information about consumers to third parties only if we are compelled to do so by order of a duly-empowered governmental authority, we have the express permission of the consumer, or it is necessary to process transactions and provide our services.
e. Privacy and Our Business Partners. When we make our technology or services available to business partners, we will not share with them any more consumer information than is necessary, and we will make every reasonable effort to assure, by contract or otherwise, that they use our technology and services in a manner that is consistent with this Privacy Policy.
Privacy Questions. If you have questions about this privacy policy, please send an e-mail to: privacy@spa-n-things.com
12. Disputes. You agree that any dispute between you and Spa-N-Things.com arising out of your use of the Service on in any way based upon your subscription to and/or use of the Service which cannot be resolved between you and Spa-N-Things.comwill be submitted by the aggrieved party for binding arbitration under the auspices of the American Arbitration Association. Any demand for arbitration under this Section must be filed with the American Arbitration Association's office in Kansas. The arbitration must be held in Kansas, and the arbitrator must be a person with experience in online services operation.
13. Governing Law. These Terms and Policies are governed in all respects under the laws of the State of Kansas.
14. Amendments. These Terms and Policies may be amended in any respect at any time by Spa-N-Things.com upon the posting of the amended Terms and Policies on the Support section of the Service. Your continued use of the Service will be deemed consent to any such amended Terms and Policies. If you do not wish to continue to use the Service as a result of any such amended Terms and Policies, you may provide notice of your wish to terminate your use of the Service to customer service, and any unused portion of fees you have paid for the Service will be returned to you within 30 days
If you have any questions write, call,or send email.
Spa-N-Things 2717 SE Michiga AVE, Topeka,KS, 66605 USA Phone 1(866) 586-5693 or 1(866)586-5693