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RECITALS
1. Provider maintains hardware and software facilities presently sufficient to operate a normal web site on the Internet World Wide Web, ("web site").
2. User wishes to establish and maintain a web site using Provider's facility, and has selected a package from Provider's menu, a copy of which is attached hereto as Exhibit "A", and the terms of which are incorporated herein be reference.
AGREEMENT Intending to be bound in accordance with the terms hereof, the parties agrees as follows:
A. Payment for Package User agrees to pay the charges identified in Exhibit "A" on or before the first day of each month following execution of this agreement, together with any additional charges, costs or assessments made by Provider under the terms hereof. A pro rata charge for any partial month shall be due. Design and maintenance fees shall be invoiced separately, and paid with the regular package charge next due after date of invoice. User agrees that any unpaid balance due hereunder shall bear interest at the rate of 18% per annum, and that costs of collection, including Court costs and reasonable attorney fees shall be added as principal amounts to such balance.
B. Use of Package 1) User agrees that the web site shall be a single site, and that no other sites or addresses shall be run or operated hereunder, without a separate agreement between User and Provider. User agrees not sublet or allow the use of the web site by any other person or entity, except for normal viewer use of the site, and links to or from the site. 2) User agrees to maintain its site in a manner consistent with any and all applicable laws, regulations, acceptable uses and standards in effect, or which become in effect, during the term hereof. 3) User agrees to practice common courtesy in its use of the site, and to refrain from using any distribution lists for electronic mail or other techniques for mass mailing.
C. Package Disclaimers 1) Provider will take all steps reasonable, necessary and prudent to protect against failure of its equipment and software. User acknowledges and agrees that temporary interruptions in service may occur, and that Provider shall have no liability to User for any claim, cost, charge, loss or expense arising from or relating to use of the web site. 2) User acknowledges and agrees that data may be lost or corrupted in connection with use of the web site. Provider will perform regular back-ups of all data stored on behalf of User, but shall have no liability to User in the event all data is lost or destroyed. User acknowledges and agrees that, in the event restoration of data from backup is necessary, it may take several days to complete such restoration of data and operation of the web site. 3) Provider reserves the right to alter the access procedure and its vendor relations without notice to, or authority from the User.
D. Term and Termination 1) This agreement shall have an initial term of one month from the date of execution hereof. Upon expiration of such term, this agreement shall automatically renew for successive one month periods, unless notice is given by either party of its intent to terminate the agreement, at least two weeks prior to the scheduled termination date. All terms and conditions of this agreement shall be in full force and effect during all original and renewal periods hereunder. 2) Provider reserves the right to terminate this agreement, and to delete the web site from its hardware, immediately upon the occurrence of any of the following events: i) Non payment of any charges due from User;
ii) breach of any term or condition of this agreement by User;
iii) commencement of any lawsuit or proceeding against User arising from or relating to its use of the web site, whether or not such suit names Provider as a party or seeks and recovery from Provider.
E. Indemnification of Provider/Relationship of Parties 1) User agrees to indemnify and hold Provider harmless from any lawsuit, claim, charge, or expense, including reasonable attorney fees and costs of defense, for any matter arising from or relating to User's web site provided hereunder. 2) Nothing contained herein shall be deemed to create a relationship between the Provider and User in the nature of a partnership, joint venture, editor/publisher or otherwise. Both parties acknowledge and agree that Provider has no interaction with the data or substance of User's web site, except as necessary to maintain the web site.
F. Refunds
- Seminar Signup's: All refunds to be honored must be requested no later than 72 hours before given event.
- Hosting Services: Current hosting billing may be refunded before the fifteenth of that given month.
- Consulting Services: Service refunds are contingent on each contract or estimate written. Please check with your account representative for further information.
Copyright © 2010 Site Strategics.
All Rights Reserved.
Our Terms Of Service are provided on-line for our customers. Use of services provided by Site Strategics indicates an acceptance of our Terms Of Service.
No part of this web site may be copied, in whole or in part without the the express written consent of Site Strategics or its officers.
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