Customer
responsibilities to the contract:
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Customer agrees to pay all charges
found in the Service Order.
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Customer agrees to automatic renewal
of charges on a monthly or yearly basis unless cancellation is received
in writing according to the terms set forth in the contract.
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Customer agrees to all additional charges
for services requested by customer that may occur during the course
of business above and beyond the original Service Order.
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Customer agrees to adhere to the acceptable
use policies.
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Customer agrees not to use the services,
bandwidth and/or hardware provided by HostForNet Internet in methods
that violate local, state or Federal laws within the United States
of America.
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Customer agrees to the Arbitration
agreement set forth in the contract.
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Customer agrees to the Limitation of
Liability and Disclaimer of Warranties.
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Customer agrees to be bound by the
laws of the state of California in all legal proceedings applicable
to the contract.
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Customer agrees to any and all other
information, amendments, clauses, and terms found in this contract.
2. HostForNet
Internet fulfillment and responsibilities to the contract:
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HostForNet Internet will provide
Internet connectivity services (bandwidth) in accordance to the Service
Order.
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HostForNet Internet will provide
hardware specifications in accordance to the Service Order.
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HostForNet Internet will provide
space in its data centers to house the equipment.
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HostForNet Internet will provide
technical support services as specified by the Service Order.
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HostForNet Internet will provide
IP’s and DNS services as specified in the Service Order.
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HostForNet Internet will install
software and/or configure hardware / software in accordance to the
Service Order.
3.
AGE:
The Client certifies that he or she is at least
16 years of age.
Terms of the contract
4. Service Order:
The Service Order shall initiate the provision
of services pursuant to this Agreement. The Service order shall outline
the hardware, bandwidth, IP’s, technical support, Software requirements,
DNS, datacenter, and administrative and billing information to the contract.
The Service Order is a binding agreement between the parties and replaces
any other agreements made between the parties.
5. IP Addresses:
HostForNet Internet will allow the use of IP
addresses to the customer for the length of the contract. These IP addresses
are the sole property of HostForNet Internet and will be retained after
service has ceased. HostForNet Internet does reserve the right to change
the customer IP address designation at any time.
6. Software License and Rights:
During the term of a Service Order, HostForNet
Internet grants Customer a non-transferable, nonexclusive license to use
the Software, in object code form only, for its internal needs, to be
used solely on the Hardware provided, and solely in conjunction with the
Services. Customer agrees that it will not, directly or indirectly:
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copy
the Software, except as is necessary to install on Hardware and for
internal, archival purposes. In the event Customer makes any copies
of the Software, Customer shall reproduce all proprietary notices
on such copies.
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reverse
engineer, decompile, disassemble, modify or otherwise attempt to derive
source code from the Software.
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sell,
lease, license, transfer, give possession of, or sublicense the Software
or the documentation to others.
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write
or develop any derivative or other software programs, based, in whole
or in part, upon the Software or any Confidential Information.
8.
SERVICE INTERRUPTIONS:
HostForNet Internet shall not be liable for
failure or delay in performing its obligations hereunder if such failure
or delay is due to circumstances beyond its reasonable control, including,
without limitation, acts of any governmental body, war, insurrection,
sabotage, embargo, fire, flood, strike or other labor disturbance, interruption
of or delay in transportation, unavailability of interruption or delay
in telecommunications or third party services, failure of third party
software or inability to obtain raw materials, supplies, or power used
in or equipment needed for provision of the Services. Customer understands
and agrees that occasional temporary interruptions of any Internet Services
may occur as normal events in the provision of the Internet Services.
HostForNet Internet agrees to exercise reasonable care to prevent such
occurrences; however, under no circumstances will HostForNet Internet
be held liable for any financial or other damages due to such interruptions.
In no event shall HostForNet Internet be liable to Customer or any other
person for any special, incidental, consequential or punitive damages
of any kind, including, without limitation, refunds of fees, loss of profits,
loss of income or cost of replacement services.
9. ARBITRATION:
Any controversy or claim arising out of or relating
to this Agreement or the breach thereof will be settled by arbitration
in Boston, Massachusetts, before and in accordance with the Commercial
Arbitration Rules of the American Arbitration Association. The award rendered
in that arbitration will be binding on the parties hereto, and judgment
upon the award can be entered by any court having jurisdiction thereof.
10. PRICING AND PAYMENT TERMS:
Payment Terms
The full amount of the Initial Cost as reflected
in the Service Order, plus charges for the first billing period of Services,
are due and payable to HostForNet Internet upon the acceptance of the
Service Order. Thereafter, Customer will pay in advance charges for each
billing period. The recurring billing date shall be the date that the
account release notification is e-mailed or faxed to the customer. For
accounts that are paid by credit card, Customer authorizes HostForNet
Internet and its agents to charge recurring billing on the recurring billing
date, until Customer gives written notice otherwise to HostForNet Internet
or until the expiration or termination of a Service Order. Accounts that
pay by check (limited to U.S. bank checks) will be faxed and mailed an
invoice on the recurring billing date and payment is due immediately.
HostForNet Internet will impose a charge for any check or other instrument
which is returned for any reason by a financial institution. HostForNet
Internet reserves the right to charge Customer any sales, use, excise,
and ad valorem, gross receipts, or any other tax or fees now or imposed,
directly or indirectly, by any governmental authority or agency with respect
to the Services.
12. Notices:
Any notice hereunder shall be in writing and
shall be given by registered, certified or Express mail, or reliable overnight
courier (such as FedEx)/ via electronic mail addressed to the addresses
in this Agreement, or by facsimile. Notice shall be deemed to be given
upon the earlier of actual receipt or three (3) days after it has been
sent, properly addressed and with postage prepaid. Either party may change
its address for notice by means of notice to the other party given in
accordance with this Section.
13. Assignment:
Customer may not assign this Agreement, in whole
or in part, either voluntarily or by operation of law, and any attempt
to do so shall be void and a default of this Agreement.
14. Governing Law and Forum:
This Agreement shall be governed and interpreted
according to the internal laws of the State of California, excluding choice
of law provisions. For all disputes arising out of or related to this
Agreement or Service Orders, the parties irrevocably consent to the exclusive
jurisdiction of the Courts of Massachusetts. Customer’s address for purposes
of service of process shall be the address designated for notices in this
Agreement. In connection with all actions in which HostForNet Internet
is awarded amounts due from Customer, HostForNet Internet shall be awarded
(either in that action or by way of a separate action) its costs and expenses
of litigation (including reasonable attorneys’ fees), through trial and
appeal.
15. Advertising:
HostForNet Internet may include Customer’s
name and contact information in directories of HostForNet Internet service
subscribers for the purpose of promoting the use of the Services by customers
generally. HostForNet Internet will not use Customer’s name or other
identifying information in any other advertising or promotional materials,
without the prior written consent of Customer, which may not be unreasonably
withheld.
16. Indemnification:
Customer shall defend, indemnify, and hold harmless
HostForNet Internet from and against all liabilities, judgments, claims,
damages, settlements, expenses and costs (including reasonable attorneys’
fees and litigation expenses) arising out of or relating to any breach
of this Agreement or Service Orders by Customer. Customer and HostForNet
Internet will promptly notify each other upon receipt of any third party
claim or legal action arising out of or relating to this Agreement or
Service Orders.
17. LIMITATION OF LIABILITY:
HostForNet Internet liability (including, for
purposes of this paragraph only, any of it employees, agents, or representatives),
to Customer (either directly or as a third party defendant in any action
or proceeding) for any claim arising out of or relating to this Agreement
or Service Orders or the provision of any Services under Service Orders
(including, without limitation maintenance and support) shall be limited
to the amount of fees paid by Customer to HostForNet Internet under
this Agreement within one year preceding the date Customer contends its
claim arose. In no event shall HostForNet Internet be liable for any
loss of data, loss of profits, cost of cover, or any other special, incidental,
consequential, indirect or punitive damages, however caused and regardless
of theory of liability. This limitation will apply even if HostForNet
Internet has been advised of, or is aware of, the possibility of such
damages.
18. DISCLAIMER OF WARRANTIES:
HostForNet Internet specifically disclaims
all implied warranties, including but not limited to, the implied warranties
of merchantability and fitness for a particular purpose. Except as otherwise
provided in this Agreement, any written materials by HostForNet Internet,
or information on HostForNet Internet web site, shall be for informational
purposes only and, whether delivered or disseminated before or after the
date of this Agreement, shall not create any express or implied warranties,
guaranty of performance, or contractual obligations.
Refund Policy:
We provide 30 days monyback guarantee. But 30 days money back guarantees
do not valid if users uses more than 20% of the allocated bandwidth for
the duration of the hosting.
Money back guarantee do not valid if users break the terms of service.
No refunds shall be given after the 30 days period.
HostForNet Internet retains the right to change any or all of the above
Policies, Guidelines, and Disclaimer without notification.
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