MySite Terms and Conditions

 

SERVICE AGREEMENT & ACCEPTABLE USE POLICY

This Service Agreement (this "Agreement") sets forth the terms and conditions of your use of Twist & Twirl Consulting ("Twist & Twirl") for web hosting services. You certify that you are at least 18 years of age. To become a Twist & Twirl account holder, you must read and agree to be bound by all terms and conditions of this Agreement, the fee schedules on the order forms and any policies that are or may be published by Twist & Twirl. This Agreement will become effective when accepted by you and byTwist & Twirl. By posting notice 30 days in advance at a web page available on our web site (http://twistandtwirl.com), Twist & Twirl may modify the terms and conditions of this Agreement or the prices of its services, as well as discontinue or change the services offered. You will be bound by the modified Agreement, prices and/or policies if you continue to use the services.

1. Scope of Services and Your Obligations

1.1. This Agreement defines the terms and conditions of Twist & Twirl's services as offered by Twist & Twirl and used by you, including the provision of web hosting services (the "Services"). Twist & Twirl will provide the Services in exchange for payment of fees and full compliance with the terms and conditions of this Agreement.

1.2. You are responsible for producing and maintaining HTML files, images, and other documents (the "Site Materials") on your website, and you hereby warrant that all Site Materials shall be owned or properly licensed by you and shall not adversely impact the Services or violate any rights of any third parties. You are responsible for ensuring that all Site Materials will function properly and as intended. You are responsible for all activity originating from your website, unless proven to be a victim of outside hacking or address forgery. You assume responsibility for all material on your website that may be put on by a third party (such as the usage of Free For All links pages).

1.3. The MySite product is based on the Joomla! open-source Content Management System, which is covered by the Gnu General Public License (GPL) Version 2. The software souce is freely available and you may download it from joomla.org or Twist & Twirl can provide you with a copy. Twist & Twirl does not sell or charge for the software; the MySite fees are for the Services.

1.4 The modules and extensions (the "Modules") to MySite are developed and in some cases copyrighted by a variety of different developers, including Twist & Twirl, and are used under a variety of licenses. Some Modules do not allow redistribution or copying by you. You agree to abide by the license terms and agreements of any Modules installed on your site, including refraining from copying or redistributing the Modules if the license terms so stipulate.

1.5. Every MySite account with Twist & Twirl features a month-by-month agreement. If at any time you choose to terminate your account, you will pay through the current month (dated since your acceptance of this Agreement, 1 month minimum) and we will refund any remaining prepaid fees. Even if you terminate your account, you will retain ownership of your domain name.

1.6. For server restoration purposes only, Twist & Twirl makes full back-ups of websites weekly, and backups of new/changed data nightly; however, Twist & Twirl makes no guarantees of any kind, either expressed or implied, as to the integrity of these back-ups. You are responsible to maintain local copies of your website. If loss of data occurs due to an error of Twist & Twirl, Twist & Twirl will attempt to recover the data for no charge. Otherwise, Twist & Twirl will attempt to recover the data from the most recent archive for a $50 fee.

1.7. Twist & Twirl reserves the right to monitor its systems electronically and to access and disclose any information as permitted or required by any law, regulation or other governmental request to operate its systems properly, to protect itself or its accountholders or for any other reason it in good faith deems necessary. Twist & Twirl will fully cooperate with law enforcement authorities in investigating suspected lawbreakers and reserves the right to report to law enforcement any suspected illegal activity it becomes aware of. It is not Twist & Twirl's intention that its Services or facilities be used in contravention of the Communications Decency Act of 1996 (the "CDA") or any other applicable law. Twist & Twirl reserves the right to terminate accounts whose sites are found to contain any illegal material, defamation, libel, slander, obscenity, pornography, harassment, hate speech, or violation of the rights of privacy or publicity.

1.8. You agree to comply with the requirements of the CDA and the Digital Millennium Copyright Act (the "DMCA") and acknowledge that Twist & Twirl is a "service provider" under the DMCA and is therefore immune from liability under the DMCA, including 17 U.S.C. § 512. Consistent with the DMCA, Twist & Twirl will accommodate standard technical measures used to identify and protect copyrighted works, and, as further described herein, Twist & Twirl has a policy of terminating accountholders who are copyright infringers. For further information on the Twist & Twirl DMCA policy and procedures, please see DMCA.

1.9. Websites are unmodified forums containing the personal opinions and other expressions of the persons who post entries on a wide range of topics. Neither the content of websites covered by this agreement nor the links to other websites are screened, approved, reviewed or endorsed by Twist & Twirl. Twist & Twirl is not a publisher of any of the content of websites, or of any content that may be available through the links to and from them, and is acting solely as an Internet web-hosting service provider. The text and other material on such websites are the opinion of the specific author and are not Twist & Twirl's statements of advice, opinion or information.

2. Limited Warranty; Limitation of Liability; Indemnification

2.1. Disclaimer of Warranties. You acknowledge that the Services are provided "as is." Neither Twist & Twirl, nor any of its employees or agents, warrants that the Services will be uninterrupted, error free or free from viruses or other harmful components. Twist & Twirl is not responsible for and hereby disclaims any warranties, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or completeness, noninfringement, merchantability or fitness for a particular purpose of information available on its servers or residing on or passing through its interconnecting networks. Use of information obtained from or through the Services is at your risk. Under no circumstances will Twist & Twirl be liable to you or any other person for any loss or damage caused by your reliance on information available on its servers or obtained through the Services.

2.2. Limitation of Liability. IN NO EVENT SHALL Twist & Twirl BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE Twist & Twirl's SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF WEBSITE SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF Twist & Twirl HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS DESCRIBED HEREIN WILL ALSO APPLY TO ALL DOMAIN NAME DISPUTES, INVOLVING BOTH NEW DOMAIN REGISTRATIONS AND RENEWALS OR ANY FAILURE TO RENEW. NO EVENT SHALL Twist & Twirl's MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO Twist & Twirl FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS or the fees associated with domain name registration. TO THE EXTENT APPLICABLE STATE LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, Twist & Twirl's LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

2.3. Indemnification. You agree to indemnify, defend and hold Twist & Twirl and its management, affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, dispute or demand related to your use of the Services, your violation of any of the provisions of this Agreement or from your placement or transmission of any materials or content onto Twist & Twirl's servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to Twist & Twirl's equipment or to any other accountholder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the Services, unless such injury or property damage is caused solely by Twist & Twirl's gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business.

3. Payment of Fees

3.1. Twist & Twirl will publish a notice of fee increases 30 days before such increases take effect on the web site. A listing of current monthly and/or annual fees can be found at http://twistandtwirl.com.

3.2. You agree to provide Twist & Twirl with accurate and complete billing information, including your legal name and e-mail address and to update this information immediately if any change occurs. Payments must be submitted in advance of receiving the Services.

3.3. You acknowledge that Twist & Twirl will bill you prior to the Payment Interval you have chosen. You authorize automatic billing by Twist & Twirl on an on-going basis during the term of this Agreement. All accounts will be billed at each designated interval (monthly or annually) automatically and without specific notice. You are responsible for terminating account(s) and associated billing except as noted here in cases of violation of Twist & Twirl policies. You are responsible for any overdraft or over limit fees that may result if there are insufficient funds in your account to cover your hosting or domain name or related service fees. Further, you authorize Twist & Twirl to charge any overdraft or over limit fees to your account.

3.4. Delinquent accounts are those that remain unpaid at the beginning of the next Payment Interval. The Services will be suspended if your account is delinquent, and Twist & Twirl will insert a message at your website indicating your suspension that visitors to your website will see. Notwithstanding any other rights Twist & Twirl may have in this Agreement, all of your website contents will be destroyed if your account is delinquent for 60 days. Twist & Twirl accounts continue to accrue charges while they are delinquent or if the Services are suspended.

3.5 The term of this agreement is specified by the user via the order form, and renewal of the term along with associated billing will be done as detailed in section 3.3 above.

3.6. You acknowledge responsibility for your account until payment in full is made.

4. Acceptable Uses

4.1. Use and Misuse of the Services. All complaints of abuse, violation and misuse of the Services, whether described in this Section 4 or otherwise, shall be investigated promptly. If you are not sure if your actions will be an abuse, violation or misuse, please ask first: info@twistandtwirl.com.

You are responsible for all use of your website, with or without your knowledge or consent.

You agree to use the Services only for lawful purposes, in compliance with all applicable laws. Illegality includes, but is not limited to, drug dealing; attempting without authorization to access a computer system; pirating (distributing copyrighted material in violation of copyright law, specifically MP3s, MPEGs, ROMs, and ROM emulators); gambling; schemes to defraud; trafficking in obscene material; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person; threatening bodily harm or damage to individuals or groups; violating U.S. export restrictions; stalking; or violating other state or federal law, such as the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, or the Economic Espionage Act. Linking to illegal material is also prohibited.

When Twist & Twirl becomes aware of possible violations of this Agreement, Twist & Twirl may initiate an investigation that may include gathering information from you and the complaining party, if any, and examination of material on website servers.Twist & Twirl, in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of this Agreement could subject you to criminal or civil liability.

BY ACCEPTING THIS AGREEMENT, YOU AGREE TO WAIVE AND HOLD Twist & Twirl HARMLESS FROM ANY CLAIMS RELATING TO ANY ACTION TAKEN BY Twist & Twirl AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES WHATSOEVER FROM Twist & Twirl AS A RESULT OF Twist & Twirl's DECISION TO REMOVE MATERIAL FROM WEBSITE SERVERS, WARN YOU, SUSPEND OR TERMINATE YOUR ACCOUNT, OR TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF Twist & Twirl's CONCLUSION THAT A VIOLATION HAS OCCURRED. THIS WAIVER APPLIES TO ALL VIOLATIONS DESCRIBED IN THIS AGREEMENT.

4.2. Use and Misuse of Materials. Materials in the public domain (e.g., images, text, and programs) may be downloaded or uploaded using the Services. You may also re-distribute materials in the public domain. You assume all risks regarding the determination of whether the material is in the public domain.

You are prohibited from storing, distributing or transmitting any unlawful material through the Services. Examples of unlawful material include, but are not limited to, threats of physical harm, child pornography, and copyrighted, trademarked and other proprietary material used without proper authorization. Pornography and sex-related merchandising, or links to such material, even if legal, are not acceptable uses of Twist & Twirl's accounts. You may not post, upload or otherwise distribute copyrighted material on your website's servers without the consent of the copyright holder.

Unacceptable uses of website content also include the presence of the following programs or the activities associated with them, regardless of whether or not any actual intrusion results in the corruption or loss of data: server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network; attempts to circumvent any user authentication or security of host, network, or account; accessing data not intended for user; probing the security of any network; spawning dozens of processes; port scans, ping floods, packet spoofing, and forging router information; denial of service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land and teardrop; promulgation of viruses; and IRC bots, such as eggdrop or BitchX.

Twist & Twirl supports free speech on the Internet and will not suspend or cancel your account simply because it disagrees with your views expressed at your website. However, examples of unacceptable activities include posting private information about a person without his or her consent, defaming a person or business, and knowingly making available code that will have a deleterious effect on third-party computers. Where there are allegations that your on-line activity has violated the legal rights of a third party, Twist & Twirl will not substitute itself for a court of law in deciding tort claims raised by the third party.

4.3. Email Use. Unacceptable affronts to netiquette and unacceptable activities include, but are not limited to, the following: spamming (sending unsolicited advertising to those with which you have no existing business relationship and posting off-topic advertising in newsgroups); spoofing (using a return email address that is not the valid reply address of the sender or sending an email message that does not contain enough information to enable the recipient to identify you); passive spamming (promoting a website hosted by Twist & Twirl by spamming from some other source); trolling (posting controversial messages in newsgroups to generate responses); mailbombing (inundating a user with email without any serious intent to correspond or sending large or multiple files to a user); generating a higher volume of outgoing mail than a normal user (over 10% of available system resources); propagating chain letters; and subscribing someone else to an electronic mailing list without that person's permission. A message is considered unsolicited if it is posted in violation of a newsgroup charter or sent to a recipient who has not requested the message. Making an email address available to the public does not constitute a request to receive messages. Distribution of mass emailing programs is also prohibited. All recipients on a mailing list must have personally subscribed. Mailing lists may not be used to distribute unsolicited email. If you are repeatedly mailbombed or attract such behavior, the Services will be terminated.

You should not send email to any user who does not wish to receive it, either at Twist & Twirl or elsewhere. Twist & Twirl recognizes that email is an informal medium; however, you must refrain from sending further email to a user after receiving a request to stop.

Twist & Twirl reserves the right to zip (compress) any customer email box that exceeds 50 megs in size. Customers with zipped boxes will be notified and instructed on how to access or download their zipped email files. If zipped boxes remain unaccessed for 30 days Twist & Twirl reserves the right to delete the email box.

You may not alter the headers of email messages to disguise their identity or to prevent users from responding to the messages. Twist & Twirl may disclose the usernames of accounts responsible for forged email messages to system administrators or users requesting the information.

Violations of the Twist & Twirl policies outlined herein can sometimes result in massive numbers of email responses. If you receive so much email that Twist & Twirl resources are affected, Twist & Twirl staff may shut down your mailbox.

Twist & Twirl reserves the right to subscribe to multiple RBLs (real-time blocking lists) and other server-wide spam and virus fighting measures we deem necessary to automatically block known open SMTP relays and known spamming relays. As per Section 2, Twist & Twirl will not be liable for any costs or damages associated with any failure to receive legitimate email due to our spam fighting procedures. Clients do have the option to request relocation of their service to a non-RBL configured server by contacting Twist & Twirl support.

4.4. System Security. You are prohibited from utilizing the Services to compromise the security of system resources or accounts on servers at Twist & Twirl or at any other site. Use or distribution of tools designed for compromising security or containing viruses or trojans are prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.

If you are involved in violations of system security, Twist & Twirl reserves the right to release all usernames of users involved in such violations to system administrators at other sites in order to assist them in resolving security incidents. Twist & Twirl will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers.

4.5. System Resources. System abuse includes any use of Twist & Twirl resources that disrupts the normal use of its servers or services for others. Examples of system abuse include running excessive numbers of processes or consuming excessive amounts of CPU time, memory or disk space.

Any usage of 10% or more of Twist & Twirl's system resources is an undue burden on Twist & Twirl's system and is unacceptable. If your usage ever exceeds 10% of system resources, your account may be terminated immediately and without prior notice.

Further, running programs in the background on a Twist & Twirl server without Twist & Twirl's prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, more then 1,000 emails a day and the like are not acceptable uses of Twist & Twirl's servers.

Due to their use of flat files instead of databases, Twist & Twirl does not allow the use of UBB or YABB bulletin boards. Use of these boards for large or very active forums may result in system performance degradation, and cannot be allowed in our shared server environment. Twist & Twirl suggests using VBulletin or phpBB as more efficient, database-driven alternatives to these bulletin boards.

5. Twist & Twirl's Right to Terminate Agreement

(a) Twist & Twirl reserves the right to suspend or terminate the Services to you and remove or prevent access to any material from your website at any time, without prior notice or liability, for any conduct that Twist & Twirl, in its sole discretion, believes violates this Agreement or is otherwise harmful to Twist & Twirl's interests or the interests of other accountholders. (b) Twist & Twirl also reserves the right to comply with the take-down provisions of the DMCA and to seek injunctive, declaratory, interpleader or other judicial or equitable relief (and, pending such action, to suspend all access to your website) if any third-party claim is made that your website content or use violates any of the acceptable uses or your obligations or representations described in this Agreement.

6. Cancellation of Accounts

6.1. You must cancel your Twist & Twirl account by calling us.

6.2. All Twist & Twirl accounts must be paid in full before the cancellation will be considered complete.

6.3. If your account is suspended or terminated for any reason permitted by this Agreement, Twist & Twirl may, at its sole discretion, permanently delete your website contents from Twist & Twirl servers, and Twist & Twirl will not be able to reopen or restore such content.

7. Arbitration; Governing Law

7.1. Except for Twist & Twirl's compliance with take-down provisions of the DMCA or injunctive or other equitable actions initiated by Twist & Twirl pursuant to Section 5(b), if any controversy or dispute arises in connection with this Agreement, the Services or your use of the website servers, such controversy or dispute shall first be presented for resolution by Twist & Twirl and you. If no resolution is reached within 7 days thereafter, then such controversy or dispute shall be resolved by binding arbitration in Piedmont, California, under the then-current rules of commercial arbitration of the American Arbitration Association. Each party shall select an arbitrator with expertise in computer law and the Internet, and these two arbitrators shall select the third arbitrator with such expertise. The validity, terms, performance and enforcement of this Agreement shall be governed and construed by its provisions and in accordance with the laws of the State of California (without regard to conflicts of laws principles).

7.2 You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state and federal courts located in Piedmont, California, for any action, suit or proceeding arising out of or relating to Section 5(b) of this Agreement and the arbitration contemplated by this Section 7.

8. Miscellaneous

You may not assign your rights and obligations under this Agreement without the prior written consent of Twist & Twirl, which may be withheld at Twist & Twirl's discretion. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of Twist & Twirl to require your performance of any provision hereof shall not affect the right to require such performance thereafter; nor shall the waiver by Twist & Twirl of a breach of any provision hereof be taken or held to be a waiver of the provision itself. Any action for any claim arising under, or in connection with, this Agreement must be commenced by you within one year after the alleged cause of action has accrued or after the date of termination of this Agreement, whichever is earlier. In the event that any provision of this Agreement is deemed unenforceable or invalid, such unenforceability or invalidity shall not affect the remainder of this Agreement. Such provision may be amended or replaced with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of the parties as reflected in the original provision. No provision of this Agreement may be amended or modified by you except by means of a written document signed or expressly assented to by Twist & Twirl. All terms and conditions of this Agreement that should by their nature survive termination of this Agreement shall so survive. This Agreement and the Online Order form, together with all amendments or modifications to any of them, constitute the complete and exclusive agreement between you and Twist & Twirl and supersede and govern all prior proposals, agreements, or other communications.

9. Consent to contract electronically

By clicking the MySite order form "Submit" button, you agree to be bound by and to comply with this Agreement just as if you had signed it, and clicking the "Submit" button is the legal equivalent of your signature on a written contract.

The following guidelines also apply:

Content

All services provided by Twist & Twirl may be used for lawful purposes only. Transmission, storage, or presentation 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 we judge to be threatening or obscene or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Twist & Twirl from any claims resulting from the use of the service, which damages the subscriber or any other party.

Pornography and sex-related merchandising is prohibited on all Twist & Twirl servers. This includes sites that may infer sexual content or links to adult content elsewhere. Twist & Twirl will be the sole arbiter in determining violations of this provision.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to Twist & Twirl servers or any other server on the Internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
- Pirated software
- Hacker programs or archives
- Warez sites

Twist & Twirl will be the sole arbiter as to what constitutes a violation of this provision.

Changing primary account domain name, $10.00

There is a one-time fee of $10 for replacing an existing account domain name with another domain name, whether from spelling error(s) or other purposes.

Chargeback fee, $25.00

There is a fee of $25 for credit card chargebacks, returned or refused checks, or any other form of refused, returned, or denied payment.

Unsuspension fee, $10.00

There is a fee of $10 automatically applied to all suspended accounts which must be paid in order to have accounts unsuspended.

Traffic/ Hits / Bandwidth Policy

MySite accounts are provided with the following traffic allowance:

* 15000 megabytes (15 GIGS)

Bandwidth usage is a simple equation - number of visits times information sent in each visit. Since the average web page is about 50K in size, 10G equals roughly 100,000 page downloads a month! Larger files will increase traffic usage, but 15G bandwidth provides enough capacity for 99% of all web sites on the Internet, and if your site is becoming the next Yahoo, simply buy more bandwidth at $5 a gig/month. To maintain the integrity of our service, the following will be considered violation of our Acceptable Use Policy, subject to immediate suspension:

- Sites offering download files. (This is any site where 20% or more of their monthly traffic is from file downloads)
- Sites using more than 20% of system resources.

Twist & Twirl will be the sole arbiter as to what constitutes a violation of this provision.

Commercial Advertising - Email

Spamming, or the sending of unsolicited email, from an Twist & Twirl account or using an email address or domain that is maintained by Twist & Twirl is STRICTLY prohibited. Twist & Twirl will be the sole arbiter as to what constitutes a violation of this provision.

Chat Rooms

We do not allow clients to install their own chat rooms. These tend to be a large drain on system resources and we cannot allow it as an account option

Background Running Programs

We do not allow programs to run continually in the background. Twist & Twirl will be the sole arbiter as to what constitutes a violation of this provision.

IRC

We currently do not allow IRC or IRC bots to be operated on our servers.

Domain Pointing

Domain pointers are to be used for the purpose of having more than one way to find the same site, not for the purposes of sharing an account among multiple sites. A domain pointer may not be set up to reference a subdirectory within an existing Web hosting account served by Twist & Twirl or any other provider.

Server Abuse

Any attempt to undermine or cause harm to a server, or customer, of Twist & Twirl is strictly prohibited, and will result in immediate termination or prosecution.

Refusal of Service

We reserve the right to refuse, cancel, or suspend service at our sole discretion.

Billing Problems and Termination

Accounts paid by credit cards which are rejected by our online card processor are grounds for termination. If you need to replace your credit card info you can call us.

Because of the risk of credit card fraud, any account which offers two bad credit cards within any 6 month period will be subject to immediate termination.

Failure to follow any term or condition will be grounds for immediate account deactivation without refund.