Disclaimer THIS
AGREEMENT is made and entered between DROzNET Domain
Hosting and Internet Services,
located in Gilbert Arizona, hereinafter referred
to as DROzNET and the Customer, who wishes
to use the services of DROzNET in accordance with
DROzNET's policies and standard
application located on the World Wide Web
at http://www.droznet.com/form.html.
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, DROzNET provides Internet
web hosting, ecommerce, and associated services
and maintains
a
network of dedicated server computers, routers,
hubs, other equipment and
software
(collectively, the "Network") located in Arizona
which is integrated with the
Internet.
This Network sends and receives data and information
in relationship to the World Wide
Web. Customer wishes to connect to the World Wide
Web utilizing the hardware and
software
resources of DROzNET to establish an Internet web
presence using DROzNET's Network.
2.
CONDITIONS: The application and this Agreement constitute
a legal and binding
contract
between DROzNET 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 DROzNET concerning the
set-up of the web space. All cancellations must
be IAW DROzNET's billing policies located
on-line at http://www.droznet.com/form.html.
All cancellations shall be in writing and delivered
via postal mail or facsimile to the accounts receivable
department of DROzNET with telephonic confirmation.
3.
WARRANTIES: With respect to the services to be provided
herein, the Customer
acknowledges
that DROzNET makes absolutely no warranties whatsoever,
express or implied. As a
result, the Customer agrees that DROzNET shall not
be liable to the Customer for any claims, damages
or loss of profit which may be suffered by the Customer
or any other entity in any respect
for direct, indirect, consequential, actual, or
punitive damages arising out of or in relation
to the services provided herein, 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 DROzNET
is at the Customer's sole and absolute risk.
DROzNET 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 DROzNET 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
DROzNET, 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 DROzNET for any reason.
6.
PAYMENT: The set-up fee and first payment are due
at the time the on-line application and
Agreement are filled out, and electronically returned
to DROzNET. Subsequent payments are
due
according to the selected fee schedule following
the establishment of the web space or
service
on the Internet. Web space and services 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, DROzNET shall
be entitled to unilaterally terminate this Agreement
and discontinue the service until payment is made.
7.
UNILATERAL SERVICE REVOCATION: In the event that
DROzNET 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, DROzNET may immediately
discontinue such service to the Customer
without liability. This will include failure to
pay, adult content and/or unsolicited email.
8.
INDEMNIFICATION: The Customer shall indemnify and
hold harmless DROzNET from any and
all loss, cost, expense, and damage on account of
any and all manner of claims, demands,
actions, suits, proceedings, judgments, costs and
expenses that may be initiated
against DROzNET and DROzNET's officers, directors,
and employees for any service provided
to Customer by DROzNet to include web space content
that 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: DROzNET reserves
the right to make changes to the
terms and conditions of this Agreement at any time,
and to the on-line application to include
service pricing, 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 and services constitute the entire agreement
between the parties, and represents
the complete and entire understanding of the parties
with respect to the subject matter
of this Agreement.
11.
RELATIONSHIP: The parties hereto are independent
entities and nothing contained in this
Agreement shall be construed to constitute Customer
an agent, employee, partner, independent
contractor, joint venturer, or any other similar
entity.
12.
GOVERNING LAW: This Agreement shall be governed
by the laws of the State of Arizona
in the United States of America. Each party agrees
that jurisdiction and venue for any and all claims,
disputes or other matters arising out
of the services provided herein and under this Agreement
will only lie in Arizona. If any action at
law
or in equity is brought to enforce or interpret
the provisions of this Agreement and services provided
herein, the prevailing party in such action shall
be entitled to all reasonable costs to
include attorney fees.
13.
SEVERABILITY: In the event that any term or provision
of this Agreement is held by a court
of competent jurisdiction to be illegal, unenforceable
or invalid in whole or in part for any
reason, the remaining provisions of this Agreement
shall remain in full force and effect.
14.
CONFIDENTIALITY: Customer acknowledges that any
information not generally known by
or disclosed to the public to include but not limited
to computer programs, source code, algorithms
and inventions are the property of DROzNET and may
not be utilized or released without
the express written permission of DROzNET.
15.
INTERPRETATION: The format, words and phrases used
herein shall have the meaning generally
understood in the Telecommunicatons/Software/Internet
Industries. This Agreement
shall be construed in accordance with its fair meaning
and not against the drafting party.
IN
WITNESS WHEREOF, the parties hereto, intending to
be legally bound hereby, and in consideration
of the covenants and agreements contained herein,
do hereby execute this instrument,
with each party warranting their ability to enter
into this Agreement for the person
or entity herein named as a party hereto. By filling
out the on-line application directly
or by placing an order telephonically and clicking
on "Accept" below, Customer agrees
to all the terms and conditions of this Agreement.
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