20-20 Networks

The EYES on Your Internet Availability!


Terms

Terms of service

1. ACCEPTANCE OF TERMS

20-20 Networks provides it’s Service(s) to you, the Service specified on the web site 20-20 Networks.com is subject to these Terms of Service ("TOS"), which may be updated periodically without prior notice. You can review the current version of the TOS at: http://www.20-20networks.com/terms.htm.

2. YOUR SIGN UP OBLIGATIONS

During sign up, all users are required to provide accurate, complete and current information about themselves in all required fields. Should any of your own information change after submitting it to 20-20 Networks, you are required to update that information as soon as possible. Should 20-20 Networks suspect that your personal information is not complete, current, or accurate, your service may be subject to suspension or termination.

3. INDEMNITY

You agree to indemnify and hold 20-20 Networks, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand. You are solely responsible for your actions when using the Service, including, but not limited to, costs incurred for Internet access.

4. PAYMENT AND BILLING.

20-20 Networks uses standard annual billing for all Services under $500, with payment options;
PayPal, Google, or by check with prior arrangements. Service contracts above $500 are billed or
charged monthly as appropriate.

Service contracts are NOT automatically renewed by 20-20 Networks, a renewal notice will be sent approximately 30 days before the end of your contracted Services. We do not store your credit card information. When you provide credit card information to PayPal or Google for 20-20 Networks Services, you represent to 20-20 Networks, PayPal or Google that you are the authorized user of the credit card that is used to pay the Service Contract fees. You agree and reaffirm that PayPal or Google is authorized to charge your credit card for the 20-20 Networks Service fee’s. As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account, including your family, friends and co-workers.


5. SERVICE MODIFICATIONS

20-20 Networks reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that 20-20 Networks shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.


6. TERMINATION

You agree that 20-20 Networks, in its sole discretion, may terminate your account, and remove and discard any information within the Service, for any reason, including and without limitation, if 20-20 Networks believes that you have violated or acted inconsistently with the letter or spirit of the TOS. You agree that any termination of  the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that 20-20 Networks may immediately deactivate or delete your 20-20 Networks Service and all related information and files. 20-20 Networks reserves the right to bar any further access to such files or the Service. You agree that 20-20 Networks shall not be liable to you or any third-party for any termination of your access to the Service. Paid accounts that are terminated will be prorated and the unused portion of the contracted Services minus $25.00 will be refunded.
You can terminate your Services by using the “Contact Us" form sending a "Terminate my Service” message including the account name, contact information, reason for Termination and the date you wish the service Terminated.

7. DISCLAIMER

THE 20-20 Networks SERVICE IS PROVIDED "AS IS" AND YOU USE IT AT YOUR SOLE RISK. 20-20 Networks EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITATION, 20-20 Networks MAKES NO WARRANTY THAT THE 20-20 Networks SERVICE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE 20-20 Networks SERVICE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE 20-20 Networks SERVICE WILL MEET YOUR EXPECTATIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE 20-20 Networks SERVICE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU THROUGH THE 20-20 Networks SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.


8. LIABILITY LIMITATION

YOU EXPRESSLY UNDERSTAND AND AGREE THAT 20-20 Networks SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF 20-20 Networks HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: 1. THE USE OR THE INABILITY TO USE THE 20-20 Networks SERVICE; 2. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE 20-20 Networks SERVICE; 3. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; 4. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE 20-20 Networks SERVICE; OR 5. ANY OTHER MATTER RELATING TO THE 20-20 Networks SERVICE. IN NO EVENT SHALL 20-20 Networks TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SERVICE.


9. INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS 20-20 Networks AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF THE 20-20 Networks SERVICE, YOUR VIOLATION OF THE TERMS OF USE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR SERVICE/ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY 20-20 Networks OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT/SERVICE OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.


10. USER AGREEMENT AND CUSTOMER RESPONSIBILITY

Subscribers to 20-20 Networks Services must have the authority to correct site problems or access to those making decisions about this web site, server, or network. For 20-20 Networks to provide accurate, timely availability information, the site needs to be regularly maintained. Sites that need an extended period of time to complete repairs should suspend their active probing until the problem is corrected. Customers can suspend their active probing for a given period of time by sending email under our web site "Contact Us" form email and state your request for "active probe suspension". Please provide a date or time line for renewal of "Service Active Probing".

If you do not respond to correct alert conditions and the problems are not corrected within 5 day time period, 20-20 Networks reserves the right to suspend active probing. We will alert you before we take this step. If at any time you do not understand an alert, please contact us using our "Contact Us" web form.

By continuing with your Contracted Services, you agree and authorize 20-20 Networks to send you email containing reports, alerts, and information pertaining to your Web site, servers, network devices and 20-20 Networks Services.

11. WAIVER AND SEVERABILITY OF TERMS

The failure of 20-20 Networks to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS shall continue to be valid and enforceable to the fullest extent permitted by law.

12. OTHER

These Terms of Use constitutes the entire agreement between 20-20 Networks and you, and thus supersedes any prior written or oral agreement, communication or proposal between the parties regarding 20-20 Networks.

The section titles in the TOS are for convenience only and have no legal or contractual effect.


13. DISPUTE

The TOS, and your relationship with 20-20 Networks under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and 20-20 Networks agree to submit to the exclusive jurisdiction of the courts located within the county of San Joaquin, California to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that 20-20 Networks shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

This page was last updated on July 12, 2009.

Please use our Web submission form under Contact Us or send email to customersupport@20-20networks.com if you have any questions or need further information on Terms or any of our services.