PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE. BY ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE.

Warranty Disclaimer

THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY IS EXPRESSED OR IMPLIED.

BAYTECHSUPPORT.COM exercises no control whatsoever over the content of the information passing through BAYTECHSUPPORT.COM'S system. Use of any information obtained via BAYTECHSUPPORT.COM is at User's risk. Neither BAYTECHSUPPORT.COM nor any of its affiliates, its licensers, its contractors or their respective employees warrant that the Service will be uninterrupted or error free; nor does BAYTECHSUPPORT.COM make any warranty as to the results from use of the Service.

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, NON INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION GIVEN BY BAYTECHSUPPORT.COM, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER BAYTECHSUPPORT.COM NOR ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, CANCEL BOTS, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL BAYTECHSUPPORT.COM, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM USER'S USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR USER'S 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, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ALTERATION OF OR USE OF USER'S ACCOUNT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT BAYTECHSUPPORT.COM IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, BAYTECHSUPPORT.COM'S LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE OF USER'S SUBSCRIPTION PAYMENT PRO-RATED TO REFLECT THE CURRENT TERM.

If User is dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines or practices of BAYTECHSUPPORT.COM in operating the Service, User's sole and exclusive remedy is to discontinue using the Service.

Indemnification

Notwithstanding anything to the contrary herein contained, User agrees to indemnify and hold BAYTECHSUPPORT.COM, its affiliates, its licensers, its contractors or their respective employees harmless against any and all liability, loss, claim, judgment, damage and expense including without limitation attorney's fees and cost of litigation) incurred or suffered by BAYTECHSUPPORT.COM, its licensers, its affiliates, its contractors, or their respective employees as the result of any and all use of User's account whether authorized or not authorized or as a result of the negligence, willful misconduct, or breach of any of the terms of this Agreement by User, including but not limited to claims, liabilities, losses, damage, judgment and expense which arise out of alleged injury or death of any person or damage to property of every kind and description. User shall promptly notify BAYTECHSUPPORT.COM in writing of any claim of which it is obligated under this indemnity. User shall have the right to assume the defense of any such claim. User and BAYTECHSUPPORT.COM shall confer as to and agree on the legal counsel(s) to be selected in any such defense.

Age Limit

User represents to BAYTECHSUPPORT.COM that he or she is 18 years of age or older. User understands that certain materials available from Service provided under the terms of this Agreement may not be suitable for individuals under the age of 18.

Sexually Explicit Materials

User understands that the Internet contains unedited materials some of which are sexually explicit or may be offensive. User accesses such materials at his or her own risk. BAYTECHSUPPORT.COM has no control over and accepts no responsibility whatsoever for such materials.

Prohibited Uses

User may not:

restrict or inhibit any other user from using and enjoying the Internet; post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, 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, national or international law, including without limitation the U.S. export control laws and regulations; post or transmit any information or software which contains a virus, cancel bots, Trojan Horse, worm or other harmful component; post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder; upload, post, publish, transmit, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto; send unsolicited advertising or promotional materials to other network users (See section titled "MESSAGING"); allow users to run Mail list, Listserv or any form of auto-responds from User's account; run or activate processes while User is not logged in; violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that deemed threatening or obscene, or engage in any kind or illegal activity; attempt to defeat any idle timer or system tool intended to enforce the part-time and personal nature of User's connection, including the use of ping bots and other methods of avoiding timing disconnection (See section titled "LIMITATIONS OF DIAL-UP SERVICES"); or violate any of the rules, regulations and policies of those networks and computer systems accessed via User's account. BAYTECHSUPPORT.COM has no obligation to monitor the Service. However, User agrees that BAYTECHSUPPORT.COM has the right to monitor the Service electronically from time to time and to disclose any information as may be necessary to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. BAYTECHSUPPORT.COM will not intentionally monitor or disclose any private E-mail message unless required by law. BAYTECHSUPPORT.COM reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole and absolute discretion, are unacceptable, undesirable, or in violation of this Agreement. BAYTECHSUPPORT.COM reserves the right to suspend access to the Service for User's account. The account's suspension may be rescinded within the sole and absolute discretion of BAYTECHSUPPORT.COM following payment of a reconnection charge, to be determined by BAYTECHSUPPORT.COM in its sole and absolute discretion.

Messaging

User agrees to limit their use of the BAYTECHSUPPORT.COM service, specifically regarding the use of BAYTECHSUPPORT.COM's electronic (email) services, to the following restrictions:

Mass Mailing

User is restricted to the transmission, or distribution, of no more than fifty (50) recipients, or addresses, per email message. This does not assume User is allowed to send such messages several times to groups smaller than the fifty (50) limit. Mass unsolicited commercial email ("Spam") sent using a BAYTECHSUPPORT.COM. connection constitutes illegal use per US Code Title 47, Sec.227(b)(1)(C).

Unauthorized Use of Relay Servers

User agrees that any unauthorized use of any email server located throughout the Internet for the purposes of relaying or distributing messages is prohibited.

Fraudulent Addressing

User agrees that the purposeful distribution of any email message where the return address, originator's address, or any other identifiable aspect of the message has been purposefully altered, is prohibited. User may not purposefully misrepresent the origination information of any email messages sent while using the BAYTECHSUPPORT.COM service.

Fraudulent Content

User agrees to be held responsible for the distribution of fraudulent materials.

VIOLATION OF ANY OF THESE TERMS WILL RESULT IN IMMEDIATE TERMINATION OF SERVICES.

Limitation and Terms of DSL Services

DSL Service provides User with dedicated access to the Internet. The actual transmission speeds may vary depending on many factors, including but not limited to distance of the installation from the nearest Network Node or based on the quality of the existing wiring, speed of destination server User is accessing. Pre-qualification for DSL provides a measure for DSL availability; it does not guarantee service availability. Lead time for installation is approximately 30 days and may vary according to regional telco issues. Self-Installation, when available, allows the Users to install their DSL equipment. This option provides service to the MPOE (minimum point of entry) of your phone service. User's MPOE is normally located outside User's building. Inside wiring and inside wiring repair is not included with this option. Although not normally required, the circuit provider will repair User inside wiring at additional cost to the User. Professional Installation is performed by a service technician and is available at additional cost to the User, this service is required for some DSL Services and in case of Self-Installation failure. First Professional Installation appointments may be rescheduled at no charge, there is a $15 rescheduling fee for any subsequent reschedules. User must notify BAYTECHSUPPORT.COM. by phone for any reschedule before 12 noon of the previous business day before the scheduled appointment, otherwise the user will incur a charge of $250. DSL Service is for IP data communications only. No local telephone, including emergency, service is provided. If User requests a service technician to be dispatched and no fault is found with the circuit, the User will incur associated charges specified by BAYTECHSUPPORT.COM. Upon the end of the term or termination of service, User agrees to return the BAYTECHSUPPORT.COM. provided equipment at User's sole expense within 30 days, or will incur $399 equipment charges. User is responsible for obtaining additional networking hardware and software such as network cards (NIC), networking cable, firewalls, proxies, and etc. to perform additional IP networking such as firewalling, IP masking, net work connectivity, and etc. User is responsible for configuring all Local Area Networking at User's site and integration with the DSL equipment.

Non-transferable

The right to use the Service is not transferable. Accounts are for User's use only. User shall be responsible for the confidentiality of User's password. Loaning User's account to others, connecting a system used by multiple persons, group use of user log-ins, and consuming more than one modem line are explicitly prohibited. If User has multiple accounts, then User shall be limited to one log-in session per system account at any time. Violation of those terms shall constitute theft of Service and may be prosecuted under civil and criminal law.

Terms of Payment

User shall be responsible for any and all fixed and accumulative charges for User's account. The first month service fee (or other available billing period selected) is due upon account setup. Each month (or other billing period selected) on the date of the application, User's account shall be charged the monthly access and any other fees for the new month plus any accumulated charges for prior months. Failure to use this account(s) does not relieve User of payment obligations. A credit card User agrees to allow BAYTECHSUPPORT.COM to bill his or her card on each successive billing date without obtaining User's permission after the initial charge. A credit card User shall notify BAYTECHSUPPORT.COM of any changes in credit card number or expiration date. If the card is not honored for any reason, BAYTECHSUPPORT.COM will attempt to notify the card holder by using the telephone information given at sign-up and by E-mail. BAYTECHSUPPORT.COM will call the card holder, and if alternative billing has not been established within five (5) days, the account will be terminated. Account reactivation is contingent upon full payment of past due amount as well as one-time reactivation fee. If payment is by check, payment due dates are indicated on User's invoice. Dishonored checks are subject to a collection fee to be determined by BAYTECHSUPPORT.COM in its sole and absolute discretion. If payment is not received within five (5) days of the due date, service will be terminated.

BAYTECHSUPPORT.COM maintains the right to terminate Service for any unpaid subscriptions. Accounts in default are subject to an interest charge of 1.5% per month on the outstanding balance. Termination of Service shall not relieve User from the obligation to satisfy outstanding invoices. In the event BAYTECHSUPPORT.COM utilizes an attorney to collect any unpaid amounts, User shall be responsible for the payment of all of BAYTECHSUPPORT.COM'S attorneys' fees and costs in the collection of these sums.

Right to Cancel

BAYTECHSUPPORT.COM reserves the right to cancel Service for any reason without prior notice. Cancellations must be requested via telephone during regular business hours (9:00am to 5pm), customer must obtain a cancellation number upon cancellation. Pre-paid accounts who cancel before their contract term is completed are subject to termination fees specified in their contract. BAYTECHSUPPORT.COM will not refund shipping & handling fees or any one-time start-up fee. Cancellations after the first of the month will be charged for that month. User must notify BAYTECHSUPPORT.COM via telephone or in writing to cancel Service. Cancellations submitted to BAYTECHSUPPORT.COM via electronic mail shall not be honored. Fees for any setup, shipping and handling, and the first month's Service are not refundable. User are responsible for any termination fees and equipment charges as specified in section titled "LIMITATIONS AND TERMS OF DSL SERVICES" and user's contract.

Purchases on the Service

If User wishes to make purchases on the Service, User may be asked by the merchant or information or service provider from whom User is making the purchase to supply certain information, including credit card or other payment mechanism information. User agrees that all information User may provide any merchant or information or service provider on the Service for purposes of making purchases shall be accurate, complete and current. The merchants and information and service providers offering merchandise, information and services on the Service set their own prices and may change prices or institute new prices at any time. User agrees to pay all charges incurred by users of User's account and credit card or other payment mechanism at the prices in effect when such charges are incurred. User shall also be responsible for paying any applicable taxes, surcharges, universal service fees and other mandated charges relating to purchases on the Service.

No System Backup

BAYTECHSUPPORT.COM does not and will not perform system backups on any User's E-mail account(s). BAYTECHSUPPORT.COM shall not be held responsible for any lost E-mail data, email attachments, or any E-mail message contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, BAYTECHSUPPORT.COM will not provide historical data, to any party for any reason, regarding any system or Internet activity. BAYTECHSUPPORT.COM does not and will not perform system backups on any User's personal web site account(s). BAYTECHSUPPORT.COM shall not be held responsible for any lost web data, web files, or any web site contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, BAYTECHSUPPORT.COM will not provide historical data, to any party for any reason, regarding any system or Internet activity.

Failure to Comply With Terms and Conditions

BAYTECHSUPPORT.COM may deny User access to all or part of the Service without notice if User engages in any conduct or activities that BAYTECHSUPPORT.COM in its sole discretion believes violates any of the terms and conditions in this Agreement. If BAYTECHSUPPORT.COM denies User access to the Service because of such a violation, User shall have not right (1) to access through BAYTECHSUPPORT.COM any materials stored on the Internet, (2) to obtain any credit(s) otherwise due to User, and such credit(s) shall be forfeited, (3) to access third party services, merchandise or information on the Internet through BAYTECHSUPPORT.COM, and BAYTECHSUPPORT.COM shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.

Miscellaneous

User agrees to notify BAYTECHSUPPORT.COM if User moves or otherwise changes his or her mailing address or phone number, and to list a truthful name, postal address and telephone number on the forms User supplies to BAYTECHSUPPORT.COM. In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect. BAYTECHSUPPORT.COM'S failure to insist upon or enforce strict performance of any provisions of this Agreement shall not be construed as a waiver of any provision or right. neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.

BAYTECHSUPPORT.COM may modify this Agreement from time to time by placing an updated Agreement at http://www.baytechsupport.com/terms.html, and User's continued use of the Service following such modification to the Agreement shall be deemed to be User's acceptance of any such modification. It is User's responsibility to check this online area regularly to determine whether this Agreement has been modified. If User does not agree to any modification of this Agreement, User must immediately stop using the Service. This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to its conflicts of law provisions. Any cause of action User may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. BAYTECHSUPPORT.COM shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, dire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any cause beyond the reasonable control of BAYTECHSUPPORT.COM.

Venue for litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof, naming BAYTECHSUPPORT.COM as the defendant, shall be proper only in a venue determined by BAYTECHSUPPORT.COM. In any action between BAYTECHSUPPORT.COM and User to enforce any of the terms of this Agreement, BAYTECHSUPPORT.COM shall be entitled to recover expenses, including reasonable attorney's fees.

This Agreement constitutes the entire agreement between User and BAYTECHSUPPORT.COM with respect to the Service.

Contact us: info@baytechsupport.com