Internet Cake Hackettstown NJDelicious Web Design

Terms and Conditions

Internet Cake, Inc. is a web design and service provider. All sites on our servers are subject to compliance with the terms and conditions set forth below. Under the terms of this agreement, your use of Internet Cake's service is an acknowledgement that you have read and understood this agreement, and that you agree to be bound by the terms and conditions below.

1. User Conduct

Internet Cake's services may only be used for lawful purposes. Any use of these services which violates any local, state, federal, or international laws which may apply to Internet Cake, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited.

While using the service, you may not post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, offensive, indecent, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law, including without limitation the U.S. export control laws and regulations, and laws protecting intellectual property including copyright, trademark, trade secret, misappropriation and anti-dilution laws.

2. Indemnification

You agree to indemnify, defend, and hold harmless Internet Cake from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, Internet Cake, or any other party or parties without limitation or exception.

3. Discontinuance of Service

Internet Cake reserves the right to refuse or discontinue service to anyone at our sole discretion. Internet Cake may deny you access to all or part of the service without notice if you engage in any conduct or activities that Internet Cake in its sole discretion believes violates any of the terms and conditions in this agreement. Internet Cake shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that Internet Cake has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. Internet Cake reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement.

4. No Warrenties

Internet Cake makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, noninfringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by Internet Cake or its agents or employees shall create a warranty. Internet Cake provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall Internet Cake be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance.

You assume total responsibility and risk for your use of Internet Cake's servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through Internet Cake or on the Internet generally.

5. ECPA Notice

Internet Cake reserves the right to monitor any and all communications through or with our facilities. You agree that Internet Cake is not considered a "secure communications medium" for the purposes of the ECPA, and that no expectation of privacy is afforded.

6. No Interference with Operation of System

You agree not to maliciously or intentionally interfere with the proper operation of the system, including but not limited to defeating identification procedures, obtaining access beyond that which you are authorized for, and impairing the availability, reliability, or quality of service for other customers. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access.

You agree to adhere to system policies as published online by Internet Cake, including restrictions on services available with each account type, restrictions on certain features, and all other policies designed to protect and enhance the quality and reliability of service at Internet Cake. You agree to abide by any and all future Internet Cake policy decisions.

7. Security

You agree that the security of your account is solely your own responsibility. You further agree that if you believe the security of your account has been compromised in any way, you will notify Internet Cake immediately. You shall be held fully responsible for any misuse or compromise to your account for which Internet Cake is not properly notified. You agree that if any security violations are believed to have occurred in association with your account, Internet Cake has the right to suspend access to the account pending an investigation and resolution. You also agree that Internet Cake has the right to cooperate in any government or legal investigation regarding any aspect of our services, including services sold to you. Any use of our system to engage in software piracy or other violations of law will result in account suspension and will be immediately reported to the appropriate authorities.

8. Backup of Data

Your use of the service is at your sole risk. Internet Cake is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Internet Cake servers. We do make and store multiple backups of your data, and if requested we can give you access via your web site.

9. Transmital of Materials

You agree not to transmit unsolicited or prohibited advertising or other harassing or illegal materials through electronic mail or other Internet media. The use of Internet Cake or any other service with reference to services obtained through Internet Cake, for unsolicited mass mailings, postings, or other activities considered an annoyance to others, commonly referred to as "spamming" is strictly prohibited and may cause your services to be terminated immediately and without warning and you will be held fully responsible for any damages to you, Internet Cake, or any other party or parties resulting from any such conduct.

10. Payment

You agree to supply appropriate payment for the services received from Internet Cake, in advance of the time period during which such services are provided. You agree that until and unless you notify Internet Cake of your desire to cancel any or all services received, those services will be billed on a recurring basis. Internet Cake agrees that pro-rated refunds for unused time periods will be provided upon request, in the event of account termination. Late payment may result in the suspension of your account.

11. Prior Agreements

This agreement supersedes any written, electronic, or oral communication you may have had with Internet Cake or any agent or representative thereof, and constitutes the complete and total agreement between the parties.

12. Severability

If any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.

13. Applicable Law, Jurisdiction and Service

This agreement shall be governed by the applicable laws of the State of New Jersey, USA. Customer further agrees that the Court of Warren County, New Jersey, shall have personal jurisdiction over Customer and exclusive subject matter jurisdiction over any and all controversies or claims arising from or relating to this agreement or the services provided Internet Cake. Customer agrees to accept service of process related to this agreement by ordinary mail, postage prepaid, to the most recent address provided by Customer.

14. Acknowledgement

By using Internet Cake's servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.