WEBARTZ DESIGN & HOSTING SERVICES
WEB SITE HOSTING TERMS AND CONDITIONS
Customer's access and/or login into their
respective personal accounts shall be deemed as acceptance of the
agreed upon terms and conditions stated herein. Customer further
accepts Network Solutions Domain Name Registration Agreement
which may be found at http://www.networksolutions.com/legal/DNRA.html.
This agreement represents the complete
agreement and understanding between WebArtz Design Services
(hereinafter referred to as "WebArtz") and our Customer
and supercedes any other written or oral agreement. Upon notice
published on-line WebArtz may modify the terms and conditions
contained herein and may discontinue or change the services
offered in the event of Customer's failure to comply with the
following provisions.
- SERVICE. WebArtz, as an Internet World
Wide Web service provider, provides a dedicated server
computer that is integrated into the Internet. This
server computer sends and receives information as related
to the World Wide Web. Customer desires to connect to and
utilize the software and hardware facilities of WebArtz
to establish a Web Site. The use of any data or material
by the Customer via the service provided by WebArtz is at
the Customer's sole and absolute risk. WebArtz
specifically disclaims and denies any responsibility for
the completeness and/or accuracy of quality of any and
all information obtained through the services to be
provided hereby.
- NO WARRANTIES. WebArtz will utilize its
best efforts to maintain acceptable performance of the
contracted services, but WebArtz makes absolutely no
warranties whatsoever, express or implied, including
warranty of merchantability or fitness for a particular
purpose. WebArtz cannot guarantee continuous service,
service at any particular time, or integrity of data
stored or transmitted via its system or via the Internet.
WebArtz will not be liable for the inadvertent disclosure
of, or corruption or erasure of, date transmitted or
received or stored on its system. WebArtz shall not be
liable to Customer or any of its customers for any claims
or damages which may be suffered by Customer or its
customers, including, but not limited to, losses or
damages of any and every nature, resulting from the loss
of data, inability to access Internet, or inability to
transmit or receive information, caused by, or resulting
from, delays, nondeliveries, or service interruptions
whether or not caused by! ! the fault or negligence of
WebArtz.
- INDEMNIFICATION. Customer agrees that it
shall defend, indemnify, save and hold harmless from any
and all demands, liabilities, losses, costs, claims,
including reasonable attorney's fees,
("Liabilities") against WebArtz, its agents,
its customers, servants, officers, employees, that may
arise or result from any services provided, performed or
agreed to be performed or any product sold by Customer,
its agents, employees or assigns. Customer agrees to
defend, indemnify and hold harmless WebArtz against
Liabilities arising out of any injury to person or
property caused by any products sold or distributed in
connection with WebArtz's server; and material supplied
by Customer infringing or allegedly infringing on the
proprietary rights of a third party; copyright
infringement and any defective product which Customer
sold on WebArtz's Server. As a result of this, Customer
agrees that WebArtz shall not be liable to Customer for
any claims of actual, compensatory and/or consequential
damages which may be suffered by Customer, including, but
not limited to, losses or damages due to the loss data
resulting from delays, non deliveries, or service
interruptions caused by the fault or negligence of
WebArtz. Notwithstanding the above mentioned, Customer's
exclusive remedies, damages, losses and causes of actions
shall not exceed the aggregate dollar amount which
Customer paid during the term of this Agreement.
- DOMAIN NAME. WebArtz will acquire, at the
request of the Customer, an Internet Domain Name (only
from the US InterNIC) on behalf of the Customer. In such
case the Customer hereby waives any and all claims which
it may have against WebArtz for any loss, damage, claim
or expense arising out of, or in relation to,
registration of such Domain Name in any on-line or
off-line network directories, membership lists or
registration lists, or the release of the Domain Name
from such directories or lists following the termination
of services by WebArtz for any reason. Any costs incurred
by WebArtz in obtaining or maintaining a domain name for
Customer or its customers shall be at the expense of the
Customer.
- INVOICING AND SERVICE FEES. Invoicing for
web site shall be as follows: Customer shall be billed in
accordance with the above stated terms, unless otherwise
agreed upon. Payments of the service fee will be done
upon inception (sign-up date). In the event that Customer
shall fail to pay in advance for the services provided
herein or in the event there shall exist any delinquency
in the Customer's account then in such event WebArtz
reserves the right, in its sole, absolute and unfettered
discretion, to terminate this agreement and discontinue
service to Customer without notice or liability for
actual compensatory or consequential damages to Customer
for the interruption in service. WebArtz shall be
entitled to unilaterally terminate this agreement, in
which case the provisions of paragraph 1,2, 3, 4, and 5
shall continue in full force and effect, and/or, at its
sole discretion, WebArtz may discontinue or suspend
service to Customer until payment is made. Any service
disconnection or suspension will result in the
requirement of a re-connect fee which shall be the same
as the set-up fee as described in the attached annex.
Initial service and set-up fees shall be in accordance
with the attached annex. All support inquiries are to be
initialed via email to: support@WebArtz.com attn:
Technical Support. WebArtz will make a diligent effort to
resolve any problems related to WebArtz hardware or
supporting software.
- 90 DAY-MONEY BACK GUARANTEE. The 90 day
money-back shall apply only to the refund of the agreed
upon monthly plan fees and shall exclude, without
limitation, the refund of any or all set-up fees, service
fees, transfer fees, domain registration fees,
design/development fees, software purchase fees, and any
promotional discounts, etc. ONLY web hosting monthly fees
are refundable. Customers will be automatic charged
non-refundable additional fees, in the event that the
Customer is in excessive use of the agreed upon services,
including but not limited to the use of additional
bandwidth or file transfers in excess of plan limits,
- CANCELATIONS. All cancellation in
accordance with the terms and conditions contained herein
must be submitted in writing to WebArtz. 13226 Amasia
Drive, Austin, Texas 78729, USA. All Customer accounts
must be paid in full before the transaction will be
considered complete.
- TAXES. Customer shall be responsible for
paying all taxes of any nature which except for taxes on
WebArtz's income, irrespective of which party may be
responsible for reporting or collecting such taxes.
- MODIFICATIONS. WebArtz reserves the right
to make changes to any of the above terms and conditions
of this agreement upon thirty (30) day written notice to
Customer, advising of the change and the effective date
thereof, but with changes in monthly service fees being
effective only at the end of any calendar quarter for
which Customer has already prepaid. The use of the
service by the Customer following the effective date of
such change shall be proof of acceptance by Customer of
such change (s).
- ENTIRE AGREEMENT AND SEVERALBILITY. This
instrument constitutes the entire agreement between the
parties, and represents the complete and entire
understanding of the parties with respect to the subject
matter contained in this agreement. This instrument
supercedes any other agreement or understanding between
the parties, whether written or oral. In the event that
any term or provision of this instrument is held by a
court of competent jurisdiction to be unenforceable, then
the remaining provisions of this instrument and the
agreement which it evidences, shall remain in full force
and effect, IN WITNESS WHEREOF the parties hereto
intending to be legally bound hereby, and in
consideration of the covenants and agreements contained
herein, do hereby execute this instrument, with each
party warranting their ability to enter in to this
agreement for the person or entitle herein named as a
party hereto. This agreement shall be construed and
interpreted pursuant to the law of the state of New
Jersey.
- RESTRICTIVE USE. The Customer may only use
WebArtz's services for lawful purposes. In the event that
at any given time, WebArtz believes that the service is
being used by the Customer in contravention with any of
the terms and provisions contained in this Agreement,
WebArtz has the right to immediately discontinue such
service to Customer without liability other than to
refund any unearned prepaid service fees. The following
are restrictive uses and shall be cause for the immediate
termination of web services and this Agreement without
notice to the Customer:
- Unauthorized distribution or
copying copyrighted software, violation of US
export restrictions, embarrassment, fraud,
trafficking in obscene material, drug dealing,
and other illegal activities;
- Unsolicited advertising via email
and/or "Spamming" is a violation of
State and Federal Law and is otherwise a
violation of this agreement. Such prohibited
conduct subjects Customer to immediate cessation
of service as provided herein and the termination
of this agreement without notice. WebArtz
reserves the right to report such illegal
activities to any and all regulatory,
administrative and/or governmental authorities
for appropriate prosecution. In addition, WebArtz
will charge One Dollar ($1.00) per email
recipient for any such activity;
- Using a non-existing email return
address on a commercial solicitation, spamming
(sending unsolicited advertising to numerous
email addresses or newsgroups and/or generating a
significantly higher volume of outgoing email
than a normal user), trolling (posting outrageous
messages to generate numerous responses,
mailbombing (sending multiple messages without
significant new content to the same user),
subscribing someone else to a mailing list
without that person's permission, cross-posting
articles to an excessive number of newsgroups, or
attempting without authorization to enter into a
secured computer system. WebArtz reserves the
right to determine what is Net abuse;
- Tortuous conduct such as posting
of defamatory, libelous, scandalous, or private
information about a person without their consent,
intentionally inflicting emotional distress, or
violating trademarks, copyright, or other
intellectual property rights;
- The posting of Adult oriented
Websites featuring nudity and acts of a sexual
nature;
- MUDDS, Listservers or any other
Internet application that are not Website
specific, are specifically prohibited, such sites
are subject to additional setup and hosting fees
as provided in paragraph five (5) herein;
- Any other misuses of the system
resources, such as employing posts or program
which consume excessive CPU time or storage
space, permitting use of mailservices, mail
forwarding capabilities, POP accounts, or
autoresponders other than for the customer's
accounts, or resale of access to CGI scripts
installed on our servers.
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