1. Client agrees to pay one half the estimated design fee at receipt of contract. Balance due when finalized.
2. Client agrees to a quarterly hosting contract, beginning after Provider's receipt of a signed contract (by mail or fax)
3. This agreement will automatically renew for successive quarterly periods unless cancelled in writing 30 days prior to effective cancellation date. Client will receive an invoice for charges and payment is due upon receipt. Renewal prices are subject to change. Renewal of services by client indicates agreement to contract revisions.
4. A late charge of $10 will be applied after 15 days from the due date. If Provider does not receive payment within 15 days of the due date,  Provider has the option of terminating the client's account.
5. Provider reserves the right, in its sole descretion, to deactivate the Client's account(s) upon an indication of credit problems including deliquent payments.
6. Client agrees to pay for specialized graphic services required.
7. Client agrees to supply content for web site.

 

2. Taxes:

1. Design Plus Web Hosting shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client or Client's use of Virtual Server. Client agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.

3. Service and Products:

1. The Provider's service is provided on an "As Is, As Available" basis. The Provider gives no warranty, expressed or implied for the hosting services provided, including, without limitation, warranty of the merchantablility and warranty of fitness for a particular purpose. This no warranty expressly includes any reimbursement for losses of income due to disruption of service by Provider or its providers beyond the fees paid by client to provider for services

2. Client will use the hosting services in a manner consistent with any and all applicable laws of the State of New Jersey and the US Federal Government.

3. Use of any information obtained by way of provider is at Client's own risk, and Provider specifically denies any responsibility for the accuracy or quality of information obtained though its services. Connection speed represents the speed of a connection to and does not represent guarantees of available end to end bandwidth.

4. Provider is not responsible for any damages arising from Client's use of Provider or by Client's inability to use the hosting services for any reason.

5. While Provider shall make every reasonable effort to protect data stored on Client's Server(s), Provider is not responsible for Client's data, files, or directories residing on Provider's equipment unless web site design is also provided. In such case as web site design services have been provided Provider will provide backup and restore capabilities. Client is solely responsible for maintaining data, file, and directory structure back-ups if web design is provided by Client's own sources.

4. Trademarks and Copyrights.

1. Client warrants that it has the right to use the applicable trademarks of Client, and grants to Provider the rights to use such trademarks, if any, in connection with Provider's promotion of, referencing of, cataloging of, or indexing of hosting severs clients.

2. Clinet herby agrees that any material submitted for publication on provider through clients account(s) wil not violate or infringe and copyright, trademark, patent, statutory, common law or proprietary rights of others or, or contain anything libelour or harmful.

5. Hardware, Equipment and Software:

1. Client is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access the services. Provider makes no representations, warranties or assurances that Client's equipment will be compatible with Provider's services.

6. Age:

1. Client certifies that he or she is at least 18 years of age.

7. Internet Etiquette:

1. Users of Internet and electronic forums should be considerate of the expectation and sensitivities of others on the network when posting material for electronic distribution. The network resources may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Provider. All messages transmitted via Provider's service should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access.

2. Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. Provider is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider or its customers may utilize.

3. Use of distribution lists via unsolicited electronic mail or other electronic mailings is strictly prohibited. The Provider reserves the right to deactivate the Client's Server account(s) upon and indication of such activity. Client hereby agrees to indemnify and hold harmless the Provider from any claim resulting from the Client's or another party's use of electronic mail service(s) on the Client's  server account(s).

8. Termination:

1. This Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice. Notwithstanding the above, Provider may terminate service under this Agreement at any time, without penalty, if Client fails to comply with the terms of this Agreement.

9. Limited Liability:

1. Client expressly agrees that use of Provider's service is at Client's sole risk. Provider, its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that Provider's Hosting Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Hosting Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided though the Design Plus Web Hosting Hosting Server service, unless otherwise expressly stated in this Agreement.

2. CLIENT HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER THOUGH CLIENT'S ACCOUNT(S) WILL NOT CONTAIN ANYTHING LEADING TO AN ABUSIVE OR UNETHICAL USE OF THE VIRTUAL SERVER PRODUCT(S) OR THE HOST SERVER(S). ABUSIVE AND UNETHICAL MATERIALS AND USES INCLUDE, BUT ARE 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.

3. Client hereby agrees to indemnify and hold harmless the provider from any claim resulting from Client's publication of material or use of those materials. Provider may or may not give notice before deactivating the use of an account(s), which the provider decides, is an abusive or unethical use of, or a potentially illegal use of the Virtual Server account(s) or host server(s). Client hereby agrees to indemnify and hold harmless the provider for any claim resulting from the submission of illegal materials.

4. Under no circumstances, including negligence, shall Provider, its offices, agents or anyone else involved in creating, producing or distributing Provider's Hosting Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Provider's Hosting Server 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 Provider's records, programs or services. Client maintains sole responsibility for data backups and restoration. Client hereby acknowledges that this paragraph shall apply to all content on Provider's Hosting  Server services.

5. Notwithstanding the above, Client'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 Client paid during the term of this Agreement and any reasonable attorney's fee and court costs.

10. Indemnification:

1. Client agrees that it shall defend, indemnify, save and hold Provider harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against Provider, agents, its clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless 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 Provider's Virtual Server service; (ii) any material supplied by Client infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold on the Hosting  Server.

11. Contract Revisions:

1. Revisions to this Contract will be considered agreed to by Client on renewal of Provider’s Hosting Server services as specified in Section 1(c).

 

12. Entire Understanding:

1. The agreement contained in this Contract constitutes the sole agreement between Provider and Client regarding its Hosting  Server service. It becomes effective only when signed by both parties. This Agreement shall be governed and construed in accordance with the laws of the State of New Jersey.

13. Signatures: