| 1. |
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. |
| 2. |
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. |
|
a. |
Monthly Billing.
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. |
|
b. |
Three and Six Month
Advanced Billing. If Client elects to be charged for services on either a three or six month advanced billing
program, as established in Provider's published schedule, Client's credit card will be
charged for the respective period of time. If this Agreement is terminated during the
advanced billing period (anytime within the three or six month period), Client will
receive a refund credit posted to Client's credit card for any remaining portion of the
advanced billing period. |
| 3. |
Termination.
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 non-defaulting party may also immediately terminate the Agreement
without prior notice to the other party. |
| 4. |
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. |
| 5. |
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. |
| 6. |
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): |
|
 |
any material which violates or infringes any
copyright, trademark, trade secret, patent, statutory, common law or other proprietary
rights of others; |
|
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any material that is libelous or slanderous; |
|
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any material which is or contains anything
obscene or pornographic; or |
|
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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. |
| 7. |
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 OR MALFUNCTION. |
| 8. |
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 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 , 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. |
| 9. |
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. |
| 10. |
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. |
| 11. |
Governing Law/Venue. This Agreement shall
be governed by the laws of the State of Florida. Venue for any action hereunder shall be
in Broward County, Florida. |
| 12. |
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. |
| 13. |
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. |
| 14. |
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. |
| 15. |
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 non-prevailing party, as well as any reasonable attorneys' fees and costs that the prevailing
party incurred prior to commencing the proceeding. |
| 16. |
IP
Addresses. Provider maintains control and
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, without notice. |
