All services provided by Serenity Communications may be used for lawful purposes only.
Transmission or storage of any information, data or material in violation of any United States
Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted
material, material legally judged to be threatening or obscene, or material protected by
trade secret and other statue. The subscriber agrees to indemnify and hold harmless
Serenity Communications from any claims resulting from the use of the service which
damages the subscriber or any other parties.
Spamming, or the sending of unsolicited email, using an email address,
URL that is maintained on a Serenity Communications machine,
or directing traffic to a webpage that contains any reference to Serenity Communications
is STRICTLY prohibited. Serenity Communications will be the sole arbiter as to what
constitutes a violation of this provision. This action WILL RESULT in immediate termination
of your account without refund. Any service interuptions as a result of subscribers spamming
will be billed to the subscriber at $50.00 per hour until service is restored. Subscriber
will also be in violation of the Serenity Communications Service Agreement and subject to legal action.
Pornography and sex-related merchandising are prohibited on any Serenity
Communications server. Serenity Communications will be the sole arbiter as to what
constitutes a violation of this provision.
Payment is due immediately after date of invoice. All payments must be in US dollars and
withdrawable from a US bank. The subscriber is responsible for providing up-to-date payment
information. Serenity Communications will not be held responsible should the subscriber's
payment information become out-of-date.
If payment is by credit card, the subscriber authorizes Serenity Communications to charge
the credit card listed on the subscription form for those charges for Serenity
Communications services that may accrue from month to month, or for any past-due balances,
in order to bring the account to current status. Credit card payments will be billed and
charged automatically, and Serenity Communications may charge the amount due to the
provided card at any time.
You must be of adult age in your jurisdiction to make purchases on this site.
Parents or guardians of minors may make purchases on behalf of their minor children/wards
but are solely responsible for the direct supervision of their children/wards while their
minors visit the site or use any of the tools or services that the site provides.
A subscriber may cancel his account at any time online via his account control panel's
"Payment Settings". If requesting a cancellation, we ask that subscriber briefly explains
the reasons for doing so, as well as any suggestions on how Serenity Communications could
improve service. The cancellation will take effect immediately and the subscriber's account
will remain active until the end of the subscription. Account resumption is possible with
one click from the same menu, in case you should redecide.
The subscriber agrees that any messages submitted to the "Serenitext Community" become the property
of Serenity Communications to do as the company sees fit.
All files, information and mail under the account will be preserved for 20 days from the
date the payment is due. If the payment is not received after 20 days, all files,
information and mail under the account will be deleted. If the subscriber wishes to use
the service again, the subscriber must re-apply as a new subscriber.
The subscriber agrees that the company has the right to delete all data, files or other
information that is stored in the subscriber's account if the subscriber's account
with the company is terminated, for any reason, by either Serenity Communications or
the subscriber.
Subscriber acknowledges that the service provided is of such a nature that the service can
be interrupted for many reasons other than the negligence of Serenity Communications and
that damages resulting from any interruption of service are impossible to ascertain.
Therefore, subscriber agrees that Serenity Communications shall not be liable for any damages arising
from such causes beyond the direct and exclusive control of Serenity Communications.
Subscriber further acknowledges that the Serenity Communications's liability for its own
negligence may not in any event exceed an amount equivalent to charges payable by subscriber
for services during the period damages occurred. In no event shall Serenity Communications
be liable for any special or consequential damages, loss or injury.
Serenity Communications shall have the right to suspend service to the subscriber at any
time, and for any reason, without notice. If such a suspension is to last for more than 20
days, the subscriber will be notified as to the reason.
Service provided by Serenity Communications may be cancelled in writing at any time with no
penalty. Customer unit name and password must be included in the cancellation request.
Cancellation will take effect only when the receipt of the cancellation request is
confirmed by Serenity Communications. Serenity Communications reserves the right to change
the rate by notifying the subscriber 15 days in advance of the effective date of the change.
Serenity Communications exercises no control whatsoever over the content of the information
passing through Serenity Communications. All email addresses of the subscriber
are held strictly confidential. The leads are never released to any other parties for any
purpose. The lead information is only used on Serenity Communications' servers to deliver
the follow up messages designated by the subscriber.
Customers are prohibited from transmitting on or through any of Serenity Communications'
services, any material that is, in Serenity Communications' sole discretion, unlawful,
obscene, threatening, abusive, libelous, or hateful, or that encourages conduct which would
constitute a criminal offense, give rise to civil liability, or otherwise violate any local,
state, national or international law.
Serenity Communications is NOT RESPONSIBLE for any lost files, information or data.
Even though Serenity Communications takes steps to prevent data loss, data loss can still occur.
Each party (the "Indemnifying Party") hereby indemnifies the other party
(the "Indemnified Party"), its officers, directors, employees and agents, and agrees to
defend and hold them harmless from and against any and all liability, damage, loss or
expense (including reasonable attorneys fees) arising from any claim, demand, action or
proceeding based upon the alleged breach or untruthfulness of any of the Indemnifying
Party's representations or warranties, or incurred in the settlement or avoidance of any
such claim, provided, however, that the Indemnified Party shall give prompt notice to the
Indemnifying Party of the assertion of any such claims and provided further that
Indemnifying Party shall have the right to select counsel and control the defense thereof,
subject to right of the Indemnified Party to participate therein.
Serenity Communications makes no warranties of any kind, whether expressed or implied,
for the service it is providing. Serenity Communications also disclaims any warranty of
merchantability or fitness for a particular purpose. Serenity Communications will not be
responsible for any damage suffered. This includes loss of data resulting from delays,
nondeliveries, misdeliveries, or service interruptions caused by Serenity Communications'
negligence or the subscriber's errors or omissions. Use of any information obtained via
Serenity Communications is at your own risk. Serenity Communications specifically denies
any responsibility for the accuracy or quality of information obtained through its services.
LIMITED LIABILITY. ANY LIABILITY OF THE COMPANY, INCLUDING WITHOUT LIMITATION ANY LIABILITY
FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, 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 TO THE COMPANY FOR THE CURRENT MONTH.
Should any provision of this agreement be held to be illegal, invalid, or unenforceable by a
court law, the legality, validity and enforceability of the remaining provisions of this
agreement shall remain unaffected thereby unless otherwise stated.
This agreement shall be governed by the laws of the State of Utah and the United States.
These Terms and Conditions supersede all previous representations, understandings or
agreements and shall prevail notwithstanding any variance with terms and conditions of
any order submitted. Use of Serenity Communications service constitutes acceptance of these
Terms and Conditions.
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