TERM
This
Agreement between the parties shall remain in effect between
the parties unless otherwise canceled or modified by either
party in accordance with the terms and conditions set forth
herein.
INVOICING
CBCInet Web Hosting
shall invoice CUSTOMER for services rendered in accordance
with the terms and conditions set forth herein.
CPU
USAGE
CUSTOMER
agrees that it shall not use excessive amounts of CPU
processing on any of CBCInet Web Hosting's servers. Any
violation of this policy may result in CUSTOMER'S immediate
termination at the sole discretion of CBCInet Web Hosting
without prior notice. In the event that CBCInet Web Hosting
elects to terminate CUSTOMER on this basis, CUSTOMER shall
be entitled to a refund as set forth herein.
BANDWIDTH USAGE
CUSTOMER
agrees that BANDWIDTH usage shall not exceed the number of
megabytes per month as purchased by the CUSTOMER. This usage shall be monitored by CBCInet Web Hosting
and shall be measured. Any BANDWIDTH usage
in excess of the agreed upon number of megabytes per month
may result in the immediate termination of CUSTOMER at the
sole discretion of CBCInet Web Hosting without prior notice.
In the event that CBCInet Web Hosting elects to terminate
this Agreement, pursuant to this provision, CUSTOMER shall
not be entitled to a refund.
BULK
E-MAIL AND SPAMMING
It shall not
be permissible for CUSTOMER to engage in any bulk E- mailing
or use of mail servers or mail relays (commonly referred to
as "SPAMMING"). In the event that CUSTOMER engages
in such activity, CBCInet Web Hosting may elect to
immediately terminate CUSTOMER at its sole discretion
without prior notice to CUSTOMER. In the event that CBCInet Web Hosting
terminates CUSTOMER pursuant to this provision, CUSTOMER
shall not be entitled to a refund. Forwarding 10 unsolicited
pieces of mail within a 24 hour period shall be considered
"spamming". CUSTOMER shall be liable to CBCInet Web Hosting
for any and all damages caused as a result of CUSTOMER'S
failure to comply with this provision.
TERMINATION
Either party
may terminate this Agreement without cause upon 30 days
written notice to the other party. CUSTOMER is
obligated to fulfill a minimum of 2 months as part of this
agreement for any of the hosting or e-commerce plans
purchased. E-Mail shall be deemed
adequate notice by either party. Nothing in this paragraph
however shall limit CBCInet Web Hosting's right to terminate
CUSTOMER immediately and without prior notice for improper
use and violations as set forth herein. Customer is
entitled to a full 30-day unconditional money back guarantee
beginning at the request of services from the Customer to
CBCInet Web Hosting.
In the event
that CBCInet Web Hosting elects to terminate CUSTOMER as a
result of its improper acts and breach of the terms and
conditions contained herein, CUSTOMER shall not be entitled
to a refund of the balance. IN NO EVENT SHALL CUSTOMER BE
ENTITLED TO A REFUND OF THE SET UP FEE.
In the event
CUSTOMER elects to terminate this Agreement, same shall be
considered a breach and CUSTOMER shall not be entitled to
any refund. Customer may be entitled to a pro-rated
amount for unused service, considered an account
balance, provided a 30-day notice is given if Customer
purchased a one year plan.
In the event
that CBCInet Web Hosting elects to terminate CUSTOMER
without cause, CUSTOMER shall receive a full refund of any
balance. However, if CUSTOMER terminates this Agreement
without cause, and in accordance with the notice provision
set forth herein, there shall be NO REFUND of the Set Up Fee
or any remaining balance.
LIABILITY
CUSTOMER
agrees that CBCInet Web Hosting shall have no liability for
the services, data or information provided to the public on
the Internet including but not limited to any liability for
consequential, indirect, special, general, or incidental damages,
regardless of the success or effectiveness of other
remedies.
CUSTOMER
further agrees that CBCInet Web Hosting shall not be liable
for any damages or losses sustained by CUSTOMER for business
or other activities conducted on the Internet including but
not limited to consequential, indirect, special, general, or
incidental damages.
CUSTOMER
agrees that it shall not hold CBCInet Web Hosting liable for
any loss of business, lost opportunity, consequential,
indirect, special, general, or incidental damages as a result of any
interruption in service.
IN NO EVENT
SHALL CBCInet Web Hosting's LIABILITY EXCEED THE TOTAL VALUE
PAID TO CBCInet Web Hosting BY CUSTOMER.
REPRESENTATION
AND/OR WARRANTIES
CBCInet Web Hosting
makes no representations and cannot guarantee that
CUSTOMER'S domain name does not infringe upon any
trademarks, trade names, service marks or other proprietary
rights owned by a third party. CUSTOMER shall not hold CBCInet Web Hosting
liable for any damages, injuries or losses incurred by
CUSTOMER as a result of any action instituted by a third
party.
SECURITY
CUSTOMER
understands that the Internet and other various networking
communications are not secure, unless explicitly specified
as such. CBCInet Web Hosting MAKES NO WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED. IN NO EVENT SHALL CBCInet Web Hosting
BE LIABLE FOR ANY DAMAGES OR LOSSES, EITHER CONSEQUENTIAL,
INDIRECT, SPECIAL, GENERAL, OR INCIDENTAL INCURRED BY CUSTOMER. IN NO
EVENT SHALL CBCInet Web Hosting's LIABILITY EXCEED THE TOTAL
COST OF THIS CONTRACT BETWEEN CBCInet Web Hosting AND
CUSTOMER.
CUSTOMER
further understands the Internet in itself is not a secure environment.
Despite all our efforts, CBCInet Web Hosting cannot
guarantee the safety and security of our servers and your
data residing on our servers. CBCInet Web Hosting
cannot make any warranties to the security of our servers or
your data against hackers or violations of our system
security.
INDEMNIFICATION
CUSTOMER
hereby agrees to indemnify and hold harmless CBCInet Web
Hosting against and in respect of all damages, as
hereinafter defined. Damages, as used herein, shall include
any claim, action, demand, loss, costs, expense, liability,
joint or severally, penalty or other damage, including
without limitation, attorneys fees and other costs and
expenses reasonably incurred or arising from the use or
misuse of the internet by CUSTOMER or CUSTOMER's breach of
any provision of this Agreement.
APPLICABLE
LAWS
CUSTOMER will
ensure that its use of the Internet and any service provided
by CBCInet Web Hosting to it complies with all applicable
federal, state and local laws and regulations, including but
not limited to all laws pertaining to copyright, trademark,
proprietary information, intellectual property rights,
defamation, tortious interference with business, invasion of
privacy, and pornography*. In the event that CUSTOMER
violates this provision, CBCInet Web Hosting shall have the
right to consider same a breach of this Agreement by
CUSTOMER which shall entitle CBCInet Web Hosting to
terminate CUSTOMER immediately without prior notice.
* It shall be
within the sole discretion of CBCInet Web Hosting to deem
material as pornographic or inappropriate.
INTEGRITY
OF INFORMATION
CUSTOMER is
solely responsible for validating the integrity of the
information and data it receives or transmits over the
Internet.
DOMAIN
WEB SITE CONTENT
CBCInet may
without notice terminate your account if we determine
at our discretion that the material you post or make
available on your site is unsuitable.
The following terms may apply for termination if any of the
following is posted or made available in connection with
your domain:
-
Discrimination
based on race, gender, religion, national origin,
physical or mental disability, sexual orientation, or
age.
-
Unlawful
material, including but not limited to materials that
may violate another's intellectual property rights.
-
Information
regarding, promotes or links to a site that provides
information or promotes illegal activity.
-
Excessive
use of profane language.
-
Sexually
explicit references or material.
-
Any other
reason that is deemed by us to be unsuitable.
ACCOUNT
SECURITY
CUSTOMER
shall be solely responsible for protecting the security of
its Internet account and usage. CUSTOMER'S password shall be
considered private information and shall not be disseminated
or in any other manner disclosed and/or transferred to third
parties. CBCInet Web Hosting shall not be liable for any
breach of security caused by CUSTOMER or third parties. IN
NO EVENT SHALL CBCInet Web Hosting's LIABILITY EXCEED THE
TOTAL COST OF THIS CONTRACT BETWEEN CBCInet Web Hosting AND
CUSTOMER.
CBCInet Web Hosting
will use its best efforts to maintain the integrity and
security of CUSTOMER'S password.
LIMITATION
OF DAMAGES
IN
NO EVENT SHALL CBCInet Web Hosting's LIABILITY EXCEED THE
TOTAL COST OF THIS CONTRACT BETWEEN CBCInet Web Hosting AND
CUSTOMER.
RESALE
OF WEB SPACE
CUSTOMER may
resell web space within their own account. CUSTOMER,
however, shall remain solely responsible for the entire
domain site content. The same Terms of Service Agreement
shall govern any domain site resold within
an account.
DOMAIN
NAME OWNERSHIP
CUSTOMER
shall be responsible for all costs and fees associated with
its domain name including, but not limited to all costs and
fees for moving same. CUSTOMER shall make payment directly
to the issuer. Under no circumstances shall CBCInet Web Hosting
be responsible for this cost.
LEGAL
ACTION
CUSTOMER
agrees to indemnify and hold CBCInet Web Hosting harmless in
any legal action which arises as a result of CUSTOMER'S use
of CBCInet Web Hosting services, without limitation or
exception including, but not limited to any action brought
against CUSTOMER by a third party.
JURISDICTION
AND GOVERNING LAW
This
Agreement shall be governed by the laws of the State of
Florida and jurisdiction shall lie within the State of
Florida. CUSTOMER HEREBY CONSENTS TO SUBMIT TO THE
JURISDICTION OF THE STATE OF FLORIDA AND TO THE COUNTY
WITHIN OF ORANGE COUNTY, FLORIDA.
VENUE
Venue for any
action to enforce this Agreement shall be in Orange County,
Florida.
INTEREST
Any sums not
paid under this agreement shall accrue the highest interest
rate allowable by law.
HEADINGS
Headings in
this Agreement are for convenience only and shall not be
used to interpret or construe these provisions.
MODIFICATION
The terms and
conditions of this Agreement may be modified at the
discretion of CBCInet Web Hosting with 30 days notice to
CUSTOMER.
ENTIRE
AGREEMENT
This
Agreement supersedes all Agreements previously made between
the parties pertaining to the subject matter of this
Agreement. There are no other understandings or Agreements.
Failure to
properly notify CBCInet Web Hosting via e-mail, telephone or
regular mail of your disagreement with the above terms and
conditions will constitute CUSTOMER'S acceptance of same.
INTEGRATION
This Agreement
is the entire Agreement of the parties and supersedes all
prior or contemporaneous understandings and agreements,
whether oral or written, and represents the entire agreement
between the parties hereto with respect to the matters which
are the subject of this Agreement. There are no
understandings, representations or inducements, oral or
written, relied upon by either party in entering into this
agreement other than those expressly set forth herein. This
Agreement may not be amended, changed or modified except by an
instrument in writing executed by the party against whom the
enforcement of such amendment, change or modification is
sought.
RENEWAL
If not
canceled by CUSTOMER, this Agreement will automatically
self-renew after a twelve (12) month period for an
additional twelve (12) month period.
CUSTOMER'S
failure to properly notify CBCInet Web Hosting of its
objections to any of the terms and conditions set forth
herein shall constitute CUSTOMER'S acceptance of same.
This
Agreement shall automatically renew itself for an additional
twelve month period unless otherwise canceled or terminated
by either party in accordance with the notice provision set
forth herein.
In the event
this Agreement is automatically renewed, CUSTOMER agrees to
be bound by the Terms and Conditions currently in effect. CBCInet Web Hosting
current Terms and Conditions may be viewed www.cbcinet.net.
