| 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 anniversary 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. |
| 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; |
|
- |
any material that is
libelous or slanderous; |
|
- |
any material which is or
contains anything obscene or pornographic; or |
|
- |
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. |
Governing
Law/Venue. This Agreement shall be governed by
the laws of the District of Columbia. Venue for any action
hereunder shall be in Washington, District of Columbia. |
| 11. |
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. |
| 12. |
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. |
| 13. |
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. |
| 14. |
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. |
| 15. |
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. |
