Client agrees to receive access to Virtual Domains and Servers' services
according to the following terms and conditions:
- Selection of Service Plan. Client will
select one of the service plans offered by Provider, and agrees to receive
services according to the service plan selected.
- Payment for Services. Client will pay for
services provided under this Agreement by credit card authorization provided to
Provider. When initiating service, Client will be charged the published setup
fee for the service plan selected, as well as a pro rated partial month charge
according to the service plan for the number of days remaining in the calendar
month from the time of initiation of service until the end of the month in which
service is initiated. On or about the first day of every month thereafter,
Client's credit card will be charged for monthly payment for services according
to Provider's published schedule. If this Agreement is terminated on some day
other than the last day of the month, Client will be obligated to pay for only
the pro rata portion of the monthly service plan charge for the month in which
the service is terminated.
- Term. This Agreement may be terminated by
Client or Provider at any time without prior notice and without cause. If either
party is in default under this Agreement (including nonpayment), then the
nondefaulting party may also immediately terminate the Agreement without prior
notice to the other party.
- Compliance with Law. Client will use the
services offered by Provider in a manner consistent with all applicable local,
state and federal laws and regulations.
- File Back-up. Provider is not responsible
for Client's files residing on Provider's servers. Client is solely responsible
for independent backup of data stored on Provider's servers.
- Prohibition of Publication of Certain
Material. Client shall not knowingly or unknowingly submit to
Provider for publication any of the following material (including pictures,
links, or any other content):
(a) any material which violates or infringes any copyright, trademark, trade
secret, patent, statutory, common law or other proprietary rights of others;
(b) any material that is libelous or slanderous;
(c) any material which is or contains anything obscene or pornographic; or
(d) distribution lists to be used via unsolicited electronic mail or other
mass electronic mailings.
Due to the public nature of the Internet, all material submitted by Client
for publication will be considered publicly accessible. Provider does not screen
in advance Client's material submitted to Provider for publication. Provider's
publication of material submitted by Client does not create any express or
implied approval by Provider of such material, nor does it indicate that such
material complies with the terms of this Agreement.
- DISCLAIMER OF WARRANTIES. PROVIDER'S
SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS.
PROVIDER SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED,
INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR
INCIDENTAL DAMAGES, EVEN IF PROVIDER HAS BEEN ADVISED BY CLIENT OF THE
POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IF PROVIDER'S SERVICE TO CLIENT IS
DISRUPTED OR MALFUNCTIONS FOR ANY REASON, PROVIDER SHALL NOT BE RESPONSIBLE FOR
LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE, BEYOND THE FEES PAID BY CLIENT TO
PROVIDER FOR SERVICES, DURING THE PERIOD OF DISRUPTION OF MALFUNCTION.
- Limitation/Disclaimer of Liability.
Provider is not liable for protection or privacy of electronic mail or other
information transferred through the Internet or any other network provider or
its customers may utilize.
Provider does not represent or warrant to Client that Client will receive
continual and uninterrupted service during the term of this Agreement. In no
event shall Provider be liable to Client for any damages resulting from or
related to any failure or delay of Provider to provide service under this
Agreement if such delays or failures are due to strikes, riots, fire, inclement
weather, acts of God, theft or vandalism or other causes beyond Provider's
control, as defined by standard practices in the industry. Such failure or delay
shall not constitute a default under this Agreement.
- Indemnity. Client agrees to defend,
indemnify and hold Provider harmless from and against any and all claims,
losses, liabilities and expenses (including attorneys' fees) related to or
arising out of the services provided by Provider to Client under this Agreement,
including without limitation claims made by third parties (including customers
of Client) related to any false advertising claims, liability claims for
products or services sold by Client, claims for patent, copyright or trademark
infringement, claims due to disruption or malfunction of services provided
hereunder, or for any content submitted by Client for publication by Provider,
but excluding those related to the negligence of Provider.
- Resale of Provider's Service. If Client
acts as a "reseller" of the services provided by Provider to Client hereunder,
by Client providing similar services to its customers, then all the terms of
this Agreement shall provide to the resale. Without limiting the foregoing,
Client's obligations under Section 9 ("Indemnity") shall apply to any and all
claims made against Client and/or Provider which arise out of the resale of
Provider's services.
- Relationship of the Parties. The parties
intend that an independent contractor relationship will be created by this
contract, and that no partnership, joint venture or employee/employer
relationship is intended.
- Content.Client may not link external
websites to Provider's servers for downloading or distributing. This is including but
not limited to any pop-up/banner advertisements, images, music, video or data.
- Taxes. If any federal, state or local
governmental entity with taxing authority over the services provided under this
Agreement imposes a tax directly on the services provided by Provider to Client
under this Agreement (excluding any income, business and occupation, capital
gain, death or inheritance, or other indirect taxes), then Provider may pass the
direct amount of such cost on to Client, and Client shall promptly pay such
cost.
- Waiver. Any party's failure to insist on
compliance or enforcement of any provision of this Agreement shall not affect
its validity or enforceability or constitute a waiver of future enforcement of
that provision or of any other provision of this Agreement.
- Attorneys' Fees. If a legal proceeding is
commenced to enforce or obtain a declaration of rights under this Agreement, the
prevailing party in such proceeding shall be entitled to recover its reasonable
attorneys' fees and costs incurred in the proceeding from the nonprevailing
party, as well as any reasonable attorneys' fees and costs that the prevailing
party incurred prior to commencing the proceeding.
- IP Addresses. Provider maintains control
and any ownership of any and all IP numbers and addresses that may be assigned
to Client and reserves in its sole discretion the right to change or remove any
and all IP numbers and addresses.