WHEREAS, THE USER wishes to have THE PROVIDER host and/or maintain a website(s)
for THE USER, and THE PROVIDER has the expertise and resources available to host
and/or maintain a website for THE USER;
NOW THEREFORE, in consideration of the
foregoing premises and the mutual covenants hereinafter set forth and other
valuable consideration, the receipt and adequacy of which are hereby
acknowledged and intending to be legally bound hereby, the parties hereto agree
1. Term and Compensation:
a) The parties agree to a yearly contract, beginning after THE PROVIDERís
receipt of payment of the initial setup fee of $349.00. Additional hosting and
registration fees shall occur at a rate of $99.00/year, to be billed annually
beginning in YEAR TWO of this agreement, which shall commence on the anniversary
of the original site purchase. Pricing is subject to change at the discretion of
THE PROVIDER, by way of written or email communication to its customers not less
than Thirty (30) days prior to renewal or billing date(s).
b) This Agreement will automatically renew for successive yearly periods unless
canceled in writing Thirty (30) days prior to the termination of this agreement.
THE USER will receive a yearly invoice for any charges, and will be notified of
renewal Thirty (30) days in advance of the renewal date.
2. Disclaimer of Warranty:
a) THE PROVIDERíS SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. DUE TO
THE PROVIDERíS RELATIONSHIP WITH ON LINE NETWORKS, THE PROVIDER GIVES NO
WARRANTY, EXPRESSED OR IMPLIED, FOR THE WEB HOSTING SERVICES PROVIDED, INCLUDING
WITHOUT LIMITATION, WARRANTY OF THE MERCHANTABILITY AND WARRANTY OF FITNESS FOR
A PARTICULAR PURPOSE. THIS DISCLAIMER OF WARRANTY EXPRESSLY DISCLAIMS ANY RIGHT
TO REIMBURSEMENT FOR DIRECT OR CONSEQUENTIAL LOSSES, INCLUDING BUT NOT LIMITED
TO LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE, BEYOND THE FEES PAID BY THE
USER TO THE PROVIDER FOR SERVICES.
b) THE USER expressly agrees that use of THE PROVIDER's service is at THE USER's
sole risk. THE PROVIDER, its employees, affiliates, agents, merchants, licensers
or the like, indicate THE PROVIDER's web hosting service may be interrupted and
is not likely to be error free. THE PROVIDER makes no warranty as to the results
that may be obtained from the use of the web hosting service or as to the
accuracy, reliability or content of any information service or merchandise
contained in or provided through the web hosting service, unless otherwise
expressly stated in this Agreement.
c) Under no circumstances, including negligence, shall THE PROVIDER, its
offices, agents or anyone else involved in creating, producing or distributing
THE PROVIDER's web hosting service be liable for any direct, indirect,
incidental, special or consequential damages that result from the use of or
inability to use the THE PROVIDER web hosting services; or that results from
mistakes, omissions, interruptions, deletion or loss of files or data, errors,
defects, delays in operation, or of performance, whether or not limited to acts
of God, communication failure, theft, destruction or unauthorized access to THE
PROVIDER's records, programs or services. THE PROVIDER will always provide data
backups for restoration. THE USER hereby acknowledges that this paragraph shall
apply to all content on THE PROVIDER's web hosting services.
d) Connection speed represents the speed of a connection to the site and does
not represent guarantees of available end-to-end bandwidth.
e) THE PROVIDER disclaims liability for any damages arising from THE USER's use
of THE PROVIDERís server(s). THE PROVIDER disclaims liability for THE USER's
data, files, or directories residing on THE PROVIDER's equipment or its web
hosting THE PROVIDERís equipment. THE PROVIDER is solely responsible for
maintaining data, file, and directory structure back-ups.
f) Notwithstanding the above, THE USER'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 USER paid
during the term of this Agreement.
3. Trademarks and Copyrights:
THE USER HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION THROUGH THE
USER'S ACCOUNT(S) WILL NOT VIOLATE OR INFRINGE ANY COPYRIGHT, TRADEMARK, PATENT,
STATUTORY, COMMON LAW OR PROPRIETARY RIGHTS OF OTHERS, OR CONTAIN ANYTHING
LIBELOUS OR HARMFUL. THE USER WILL HOLD THE PROVIDER HARMLESS AND IDEMNIFY THE
PROVIDER FROM ANY DAMAGES, FINES, OR COSTS, INCLUDING ATTORNEY FEES, WHICH MAY
ARISE FROM ANY SUCH VIOLATION OR INFRINGEMENT.
THE USER certifies that it has full right and authority to enter into this
agreement to bind THE USER hereto.
5. Internet Etiquette:
a) Due to the public nature of the Internet, all information should be
considered publicly accessible, and important or private information should be
treated carefully. THE PROVIDER is not liable for protection or privacy of
electronic mail or other information transferred through the Internet or any
other network THE PROVIDER or its customers may utilize.
b) Use of distribution list via unsolicited electronic mail or other electronic
mailings is strictly prohibited. THE PROVIDER reserves the right to deactivate
THE USER's web hosting account(s) upon an indication of such activity. THE USER
hereby agrees to indemnify and hold harmless THE PROVIDER from any claim
resulting from THE USER's or another party's use of electronic mail service(s)
on THE USER's web hosting account(s).
This Agreement may be terminated by either party. Outstanding invoices are not
affected by termination. THE PROVIDER may terminate service under this Agreement
at any time, without penalty, if THE USER fails to comply with the terms of this
a) THE USER HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON THE
PROVIDER THROUGH THE USER'S ACCOUNT(S) WILL NOT CONTAIN ANYTHING LEADING TO AN
ABUSIVE OR UNETHICAL USE OF THE WEB HOSTING PRODUCT(S) OR THE HOST SERVER(S).
ABUSIVE AND UNETHICAL MATERIALS AND USES INCLUDES, BUT IS NOT LIMITED TO,
PORNOGRAPHY, OBSCENITY, NUDITY, VIOLATIONS OF PRIVACY, COMPUTER VIRUSES, ANY
HARASSING AND HARMFUL MATERIAL OR USES, ANY ILLEGAL ACTIVITY, OR MATERIAL
ADVOCATING ILLEGAL ACTIVITY, AND ANY INFRINGEMENT OF PRIVACY OR LIBEL.
b) THE USER agrees that it shall defend, indemnify, save and hold harmless THE
PROVIDER from any and all demands, liabilities, losses, costs and claims,
including reasonable attorneys' fees, ("Liabilities") asserted against THE
PROVIDER, agents, its servants, officers and employees, that may arise or result
from publication or use of THE USER's materials, any service provided or
performed or agreed to be performed or any product sold by THE USER, its agents,
employees or assigns. THE USER agrees to defend, indemnify and hold harmless THE
PROVIDER against Liabilities arising out of (i) any injury to person or property
caused by any products or services sold or otherwise distributed in connection
with THE PROVIDER's web hosting service; (ii) any material supplied by THE USER
infringing on the proprietary rights of a third party; (iii) copyright
infringement and (iv) any defective product which THE USER sold on the web site.
8. Contract Revisions:
Revisions to this Contract will be considered agreed to by THE USER on renewal
of THE PROVIDER's web hosting services.
All notices shall be given to the parties at their respective address set forth
above, by certified mail, return receipt requested or by email. The address of
each party may be changed by a like notice.
10. Amendments and Merger:
All amendments to this Agreement must be written. This Agreement incorporates
the entire understanding of the parties, and supercedes any previous agreements
or understandings between them.
This Agreement shall be binding upon and inure to the benefit of the respective
parties, their successors, legal representatives, heirs and assigns.
12. Entire Understanding:
a) This Agreement contained in this Contract constitutes the sole agreement
between THE PROVIDER and THE USER regarding its web hosting service. It is
construed in accordance with the laws of the State of New Jersey. Any litigation
or lawsuits incidental to this Agreement shall be filed and be determined in New
Jersey unless otherwise agreed to in writing by THE PROVIDER.
b) THE USER will use the web hosting services in a manner consistent with any
and all applicable laws of the State of New Jersey, any other applicable Federal
Use of the Services provided by World Eye Web, a division of Nightship Network
shall imply explicit and tacit acceptance of these and all Terms of Service
published on the website of World Eye Web. Continued use after all or part of
these Terms of Service shall imply continued acceptance and agreement on the
part of THE USER to be bound by and subject to these terms.