NOTE: The pronouns "I" and "me" as used below and on related web pages refer to the responsible contracting party entering this agreement. If that party is an organization or business entity, then "I" and "me" refer to the overall organization comprising its members and employees. These terms are the version of November 5, 2001.
Price. I understand that the price for DATES! services ranges from $Plan3_price/month to $Plan1_price/month, depending on the service plan I select when I fill out the application form. Under all plans, the first four weeks of service are free of charge provided that the account information I supply is true and valid. Here are the details on service plans:
Payment. My payment will be by credit card. I understand that charges for DATES! service will accrue monthly, but I will have the option to have my credit card account billed either monthly or quarterly. Billing will be in advance of services rendered, so I will pay for the upcoming period at the beginning of that period.
Cancellation. I can cancel service at any time. Hardy Systems can cancel my service with 30 days' notice or in the event of a breach of the terms of this agreement. In the event of cancellation, my charges will stop within two business days from the date that notice of cancellation is received by email. A credit for the remaining unused billing period will be applied to my credit card.
Use. I will use all and only the DATES! software and features for which I've contracted for the purposes for which they were designed. I will not try, or indicate to others to try, to damage or render less than fully functional the software and hardware systems used by or associated with DATES! I will not download or copy, or indicate to others to download or copy, any of the DATES! software other than whatever is necessary, and only to the extent necessary, to enable me to operate DATES! normally.
Availability guarantee. I understand that Hardy Systems intends for DATES! to be available continuously, 24 hours a day, every day, though I know that the Internet is not under the control of Hardy Systems and that no computer and no web site can provide literally 100% availability. I accept and agree that Hardy Systems will try to come as close to that level as it reasonably can by running the DATES! software on a professional web hosting service that has experienced at least a 99% up-time and by undertaking necessary maintenance with the least disruption possible.
Limitation of liability. I agree to hold harmless Hardy Systems and its principles, agents, and assigns, for any direct, indirect, incidental, special or consequential damages, resulting from use or the inability to use the DATES! service (whether because of interruption, suspension or termination of the service) or for cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or data received or transactions entered into through the DATES! service or resulting from unauthorized access to or alteration of my transmissions or data, or from any breaches of security relating to the servers used by the service, including but not limited to, damages for loss of profits, use, data or other intangibles, even if Hardy Systems has been advised of the possibility of such damages. (Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to me.)
These terms, applicable law. This agreement is governed by the laws of Virginia without giving effect to any principles of conflicts of laws.
I understand that from time to time Hardy Systems may need to amend these terms, with notice of the amendments sent by email to the contact individual I specify. I agree to be bound by such amendments.