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WEB PRIME'S WEB HOSTING AGREEMENT
1.USER CONDUCT:
Web Prime Hosting, ("Web Prime") prohibits
the use of its web hosting services for any unlawful
purposes which includes, but is not limited to,
- the posting or transmission of any data that violates
any state, federal or international laws,
- data which is threatening, obscene or defamatory,
- any data which is the property of a third party
and is protected by copyright, trade secret, intellectual
property patent laws or export control laws.
For more information, click
here
2. INDEMNIFICATION:
You hereby agree to indemnify, defend, and hold harmless
Web Prime from any and all liability, penalties, losses,
damages, costs, expenses, attorneys' fees, causes of
action or claims caused by or resulting indirectly from
your use of the service which damages either you, Web Prime,
or any other party or parties without limitation or
exception.
3. REFUSAL OR DISCONTINUANCE OF SERVICE
You hereby agree that any termination or refusal shall
not constitute a breach of contract, or be used as the
basis for any other claims, financial or otherwise against
Web Prime by you, and you agree to indemnify and hold Web Prime
harmless from any claims by third parties resulting
from your use of our web hosting services.
Web Prime may elect at its sole discretion to monitor some,
all or none of your web activities for adherence to
this agreement. At all times, Web Prime reserves the right
to terminate this agreement, and refuse providing further
service to anyone it determines is in violation or may
violate any law.
4. DATA ENCRYPTION
Although Web Prime provides encrypted data its secure servers
via industry standard methods, Web Prime assumes no responsibility
for the effectiveness of any encrypted data, nor will
Web Prime guarantee that an encryption algorithm will be
indecipherable, and data visibly transmitted. Web Prime
makes no claims or warranties regarding the viability,
integrity or invincibility of the encryption used, nor
will Web Prime accept responsibility for the success or
failure of the secure server to properly encrypt data.
Therefore by using Web Prime's secure server and being charged
for its use, you assume any risks that the encryption
may be decipherable.
5. NOT TRANSFERABLE
You agree that the Web Prime web hosting service is not
transferable. You acknowledge that Web Prime shall immediately
terminate your account without notice if you transfer,
or attempt to transfer your service.
6. ECPA NOTICE
Web Prime reserves the right to monitor any and all communications
through or with our facilities. You agree that Web Prime
is not considered a "secure communications medium"
for the purposes of the ECPA, and that no expectation
of privacy is afforded.
7. ACCOUNTING:
Web Prime's billing cycle commences when you receive
e-mail confirmation that your website has become available
for access over the Internet. The first month is payable
in advance including any set up fees. Thereafter, payment
shall be due within thirty (30) days from the data of
invoice. All customers have 15 days to pay their accounts
BEFORE their accounts become due. Start-up accounts
commencing after the first of the month shall be billed
on a prorated basis. Accounts are considered delinquent
if not paid by the due date and web access to the account
will be blocked immediately and the content will be
deleted after 30 days. Any such termination or interruption
does not relieve you from paying the overdue amount
plus any interest, and in the event of collection enforcement,
you shall be liable for any costs associated with such
collection, including legal costs, attorney fees, court
costs, or collection agency fees. Any returned checks
due to insufficient funds and charge backs are subject
to a $25.00 fee, and will place your account in default
and sercuce will be terminated immediately
For more information, click
here.
8. IDENTIFICATION INFORMATION
You agree that you as the person legally responsible
for use of this account, are at least 18 years of age.
You agree to supply Web Prime with correct information for
our records, and you have a continued obligation to
keep this information current. You also agree that you
are an authorized user of any credit card that you supply
to us and agree that we have an obligation to fully
investigate any possible fraudulent credit card use.
9. CONFIDENTIALITY OF PASSWORD
You are responsible for maintaining the confidentiality
of your password and are liable for any harm from disclosing
or allowing disclosure of any password or from use by
any person of your password to gain access to your account.
10. BACKUP OF DATA
You are responsible for backing-up your data, files,
e-mail and other information that Web Prime holds in computer
storage. However, Web Prime shall take reasonable measures
to protect such information, and to undertake measures
to protect such information from viruses. Web Prime reserves
the right to extirpate, delete, and obliterate all of
your data, files, e-mail and other information that
Web Prime holds in computer storage once your account has
been terminated, for any reason, by either party.
For more information, click
here.
11. NO WARRANTIES
Web Prime provides the services "as is" without
warranty of any kind. In the event that Web Prime provides
you with products in conjunction with other services,
Web Prime also provides those products "as is"
without warranty of any kind, whether express or implied.
Web Prime disclaims all implied warranties, including
the implied warranties of merchantability or fitness
for a particular purpose. In no event shall Web Prime
be liable for any direct, consequential, loss of profit,
special, exemplary or punitive damages, even if Web
Prime has been advised of the possibility of such damages,
that you incur from the usage of information obtained
over the Internet. Notwithstanding anything here to
the contrary, Web Prime shall not be liable for any
claim brought by Reseller for any amounts in excess
of the aggregate of the amounts paid by Reseller or
Reseller's customers during the 12 month period prior
to the date the cause of action arose.
Note: 99% uptime guarantee does not apply to natural
disasters or provider problems.
12. DAMAGE OR LOSS OF INCOME OR PROFITS
Web Prime will not be held liable for any damages or loss
of income or profits resulting from:
- The use of its service by you or a third party;
- Service interruptions caused by its own negligence,
or your negligence, or any other errors or omissions;
- Service interruptions caused by acts of nature,
or power or line failures; or
- Any loss of data/files, caused by delays, non-deliveries
or wrong deliveries.
Web Prime is not responsible for the content, accuracy
or quality of information obtained through its service,
or information hosted on its web servers.
13. PRIOR AGREEMENTS
This Agreement supersedes all previous representations,
understanding or agreements and shall prevail notwithstanding
any variance with terms and conditions of any order
submitted.
14. APPLICABLE LAW, JURISDICTION, AND SERVICE
This agreement shall be governed by the laws of the
Commonwealth of Canada and the United States of America.
If any part of this Agreement is held to be invalid,
illegal or unenforceable, the validity, legality or
enforceability of the remainder of the Agreement will
not be affected or impaired in any way.
Web Prime reserves the right to modify these policies
at any time. All clients will be notified of such changes
before they take effect.
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