THIS AGREEMENT is made and entered between SiteImage Ltd, and the Customer, who wishes to use the services of SiteImage Ltd.
NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants hereinafter set forth, the parties hereto agree as follows:
1. SERVICE DESCRIPTION: As a World Wide Web service provider, SiteImage Ltd, provides dedicated server computers which are integrated into the Internet. These server computers shall send and receive information in relationship to the World Wide Web. Customer wishes to connect to the World Wide Web utilizing the hardware and software resources of SiteImage Ltd to establish an Internet web presence on one of SiteImage's server computers.
2. CONDITIONS: The application and this Agreement constitute a binding contract between SiteImage Ltd and the Customer and does not extend to any other person or entity. Customer may resell to third parties but is responsible for third party activities and content, and is bound by the terms under this Agreement. Cancellations after the application is received and webspace is set-up will still hold the Customer responsible for costs incurred by SiteImage Ltd concerning the set-up of the web space.
3. WARRANTIES: With respect to the service to be provided herein, the Customer acknowledges that SiteImage Ltd makes absolutely no warranties whatsoever, express or implied. As a result, the Customer agrees that SiteImage Ltd shall not be liable to the Customer for any claims or damages which may be suffered by the Customer, including, but not limited to, losses or damages resulting from the loss of data as the result of delays, non-deliveries, or service interruptions.
4. INFORMATION: The utilization of any data or information received by the Customer from the utilization of the service to be provided by SiteImage Ltd. is at the Customer's sole and absolute risk. SiteImage Ltd specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the services to be provided hereby.
5. DOMAIN NAME: If SiteImage Ltd shall acquire an Internet Domain Name on behalf of the Customer, then in such case the Customer hereby waives any and all claims which it may have against SiteImage Ltd, for any loss, damage, claim or expense arising out of or in relation to the registration of such Domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of the providing of this service by SiteImage Ltd for any reason.
6. PAYMENT: The set-up fee, first payment and any deposit for web publishing are due at the time the application is filled out, and returned to SiteImage . Subsequent payments are due according to the selected fee schedule following the establishment of the web space on the Internet. Web space will be billed a minimum of one (1) month in advance depending on the selected fee schedule. Subsequent payments are due on the 5th day of each month as per the selected fee schedule. In the event that the Customer fails to pay for such services in advance, SiteImage Ltd shall be entitled to unilaterally terminate this Agreement and discontinue the service until payment is made. Reconnection fees and or disconnection fees may be applied accordingly at SiteImage’s Ltd discretion. Any and all services rendered will be paid in full and are none refundable. This includes but is not limited to web publishing, programming, setup fees, dial up accounts, and hosting accounts. Prepaid fees are non refundable.
7. UNILATERAL SERVICE REVOCATION: In the event that SiteImage Ltd may at any time believe that the service is being utilized for unlawful purposes by the Customer or in contravention with the terms and provisions herewith, SiteImage Ltd may immediately discontinue such service to the Customer without liability.
8. INDEMNIFICATION: The Customer shall indemnify and hold harmless SiteImage Ltd from any and all loss, cost, expense, and damages on account of any and all manner of claims, demands, actions, and proceedings that may be initiated against SiteImage Ltd on the grounds that the web space content violates any copyright, proprietary right of any person, state and federal regulations, or contains any matter that is libelous or scandalous.
9. CHANGES IN TERMS OF AGREEMENT: SiteImage Ltd reserves the right to make changes to the terms and conditions of this Agreement upon thirty (30) days notice to the Customer, advising of the change and the effective date thereof, but with changes in service fees being effective only at the end of any period for which the Customer has prepaid. Utilization of the service by the Customer following the effective date of such change shall constitute acceptance by the Customer of such change(s).
10. ENTIRE AGREEMENT AND UNDERSTANDING: This instrument and the application for web space constitute the entire agreement between the parties, and represent the complete and entire understanding of the parties with respect to the subject matter of this Agreement.
11. GOVERNING LAW: All claims arising out of or relating to this Agreement or the Services will be governed by California law, excluding California’s conflict of laws rules, and will be litigated exclusively in the federal or state courts of California.
12. DOWN TIME: If any evidence of downtime is presented and proven to be due to system difficulty’s on SiteImage Ltd behalf. Then the customer in question will be compensated for the amount of the downtime on a prorated system accordingly with their monthly billing. If however the downtime is due to an outside source other than SiteImage Ltd no compensation will be made.
13. CANCELLATIONS: Cancellations must be done in writing via our email firstname.lastname@example.org Cancellations must be filled 10 days before the next billing cycle.