I. Financial Arrangements:
- The Customer agrees to a twelve (12) month contract, beginning upon commencement of service.
- The first twelve (12) months payment plus a non-refundable setup charge, if any, shall be due upon receipt of contract.
- This agreement will automatically renew for successive twelve (12) month periods for the life of the contract
until canceled in writing. Customers paying by check or money order will receive an invoice for charges and payment
is due upon receipt. Customers paying by credit card expressly agree to have their credit card account billed anually
for the recurring charges for the life of the contract including any automatic renewal periods.
- Initial payment is due with the contract.
II. Taxes:
- Web-store.net shall not be liable for any taxes or other fees to be paid in accordance with or related to sales
made from the Customer using web-store.net's server. The Customer agrees to take full responsibility for all taxes
and fees of any nature associated with such products sold by the Customer.
III. Material and Products:
- The Customer will provide web-store.net with material and data in a condition that is "server-ready",
which is in a form requiring no additional manipulation on the part of web-store.net. web-store.net shall make
no effort to validate this information for content, correctness or usability.
- Use of web-store.net's service requires a certain level of knowledge in the use of Internet languages, protocols,
and software. This level of knowledge varies depending on the anticipated use and desired content of the Customer's
Web space by the Customer. The following examples are offered: Web Publishing: requires a knowledge of HTML, properly
locating and linking documents, FTPing Web space contents, Graphics, text, Sound, image mapping, etc.CGI-Scripts:
requires a knowledge of the UNIX environment, TAR & GUNZIP commands, PERL, Shell scripts, permissions, etc.
Autoresponders: a knowledge of mReply auto responder, forwarding mail, use of mail by Customers to receive mail,
etc.
- The Customer agrees that he or she has the necessary knowledge to create the Customer's Web space. The Customer
agrees that it is not the responsibility of web-store.net to provide this knowledge or Customer Support outside
of the defined service of web-store.net.
- Web-store.net will exercise no control whatsoever over the content of the information passing through the network.
web-store.net makes no warranties or representations of any kind, whether expressed or implied for the service
it is providing. Web-store.net also disclaims any warranty of merchantability or fitness for particular purpose
and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting
from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of
any information obtained by way of web-store.net is at the Customer's own risk, and web-store.net specifically
denies any responsibility for the accuracy or quality of information obtained through its services. Connection
speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth.
Web-store.net expressly limits its damages to the Customer for any non-accessibility time or other down time to
the pro- rata monthly charge during the system unavailability. Web-store.net specifically denies any responsibilities
for any damages arising as a consequence of such unavailability. In the event that this material is not "Server-ready",
web-store.net may, at its option and at any time, reject this material, including but not limited to after it has
been put on web-store.net's Server. Web-store.net agrees to notify the Customer immediately of its refusal of the
material and afford the Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements
of web-store.net. If the Customer fails to modify the material, as directed by web-store.net, within a reasonable
period of time, which shall be determined between the parties themselves, the Agreement shall be deemed to be terminated.
IV. Trademarks & Copyrights:
- The Customer warrants that it has the right to use the applicable trademarks, if any.
V. Hardware, Equipment & Software:
- The Customer is responsible for and must provide all telephone, computer, hardware and software equipment and
services necessary to access web-store.net. Web-store.net makes no representations, warranties or assurances that
the Customer's equipment will be compatible with the web-store.net service.
VI. Age:
The Customer certifies that he or she is at least 18 years of age.
VII. Internet Etiquette:
- The Customer may not use web-store.net servers for the purpose of MASS Electronic Junk mail. The Customer may
not use web-store.net servers for excessive computation time inappropriate for Internet Web servers. The Customer
may not install in her/his account any program which presents a security problem on that server. Web-store.net
reserves the right to immediately cancel any service account which is causing a disruption of services for other
customers. Electronic forums such as mail distribution lists and Usenet news groups all have expectations regarding
subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations
and sensitivities of others on the network when posting material for electronic distribution. The network resources
of web-store.net may not be used to impersonate another person or misrepresent authorization to act on behalf of
others or web-store.net. All messages transmitted via web-store.net should correctly identify the sender; users
may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine
the security or integrity of computing systems or networks and must not attempt to gain unauthorized access.
VIII. Termination:
- This Agreement may be terminated by either party, without cause, by giving the other party 30 days written
notice. Notice must be made by mail or electronic mail. Web-store.net will not accept terminations over the telephone.
Notwithstanding the above, web-store.net may terminate service under this Agreement at any time, without penalty,
if the Customer fails to comply with the terms of this Agreement, including non-payment. Web-store.net reserves
the right to charge a reinstatement fee.
IX. Limited Liability:
- The Customer expressly agrees that use of web-store.net's Server is at the Customer's sole risk. Neither web-store.net,
nor its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant
that web-store.net's Server service will not be interrupted or error free; nor do they make any warranty as to
the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content
of any information service or merchandise contained in or provided through the web-store.net Server service, unless
otherwise expressly stated in this Agreement.
- Under no circumstances, including negligence, shall web-store.net, its officers, agents or anyone else involved
in creating, producing or distributing web-store.net's Server service be liable for any direct, indirect, incidental,
special or consequential damages that result from the use of or inability to use the web-store.net Server service;
or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation,
or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft,
destruction or unauthorized access to web-store.net's records, programs or services. The Customer hereby acknowledges
that this paragraph shall apply to all content on web-store.net's Server service.
- Notwithstanding the above, the Customer's exclusive remedies for all damages, losses and causes of actions
whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which
the Customer paid during the term of this Agreement and any reasonable attorney's fee and court costs.
X. Lawful Purpose:
- The Customer may only use web-store.net's Server for lawful purpose. Transmission of any material in violation
of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material,
material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets.
This also includes links or any connection to such materials.
XI. Indemnification:
- The Customer agrees that it shall defend, indemnify, save and hold web-store.net harmless from any and all
demands, liabilities, losses, costs and claims, including reasonable attorney's fees, ("Liabilities")
asserted against web-store.net, its agents, its customers, servants officers and employees, that may arise or result
from any service provided or performed or agreed to be performed or any product sold by the Customer, its agents,
employees or assigns. The Customer agrees to defend, indemnify and hold harmless web-store.net against Liabilities
arising out of any injury to person or property caused by any products sold or otherwise distributed in connection
with web-store.net's Server; (ii) any material supplied by the Customer infringing or allegedly infringing on the
proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which the Customer
sold on the web-store.net Server.
XII. Contract Revisions:
- Revisions to this Contract will be applicable to previous Contracts. Revisions will be considered agreed to
by the Customer on renewal of web-store.net. Services as specified in Section I. Financial Arrangements.
XIII Transfer:
- The Customer may not transfer this agreement without the written consent of web-store.net.
This Agreement constitutes the entire understanding of the parties. Any changes or modifications to this Contract
thereto are agreed to by both parties upon renewal of services.
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