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| Terms and Conditions - Last Updated 1/20/00 | ||||||
SecureHost.Net, a service of Sun Coast Web, Inc. (hereby called "The Service Provider") is an Internet Service Provider and host of personal and business World Wide Web pages. SecureHost.Net maintains The Service Provider as a service to the Internet community. The goal of SecureHost.Net is to provide you with the best service possible for an enjoyable Internet experience. These Terms and Conditions are designed to keep SecureHost.Net and the Internet enjoyable and useful for all of our suscribers. SecureHost.Net is committed to and supports the free flow of information and ideas over the Internet. SecureHost.Net does not actively monitor nor does SecureHost.Net exercise editorial control over the content of any web site, electronic mail transmission, mailing list, news group or other material created or accessible over SecureHost.Net services. However, SecureHost.Net reserves the right to remove any materials SecureHost.Net does become aware of that are, in SecureHost.Net's sole discretion, potentially illegal, could subject SecureHost.Net to liability, or violate this policy. The use of The Service Provider is subject to the following terms and conditions. SecureHost.Net may amend this agreement on an as needed basis by placing an update of this posting, and your continued use of The Service Provider following each updated posting shall be deemed to be your acceptance of any such modification. Furthermore, it is your responsibility to monitor the "Terms and Conditions" page of The Service Provider regularly to determine whether the terms and conditions have been modified. If changes to terms and conditions or pricing have been made, these changes will take effect on the date of Client's contract renewal. If you do not agree with the Terms and Conditions of The Service Provider or any modifications or changes to this Agreement, you must immediately stop using The Service Provider. The entire content of The Service Provider is Copyrighted, and all rights are reserved. You may save to disk or print out individual or selections of information contained within The Service Provider for your own use, provided that you do not collect multiple small selections for the purpose of replicating or copying all or substantial portions of The Service Provider. Terms of Contract I. FINANCIAL ARRANGEMENTS Client agrees to the contract for the length specified, beginning upon SecureHost.Net's receipt by Facsimile, e-mail, or express mail. Client agrees to pay SecureHost.Net for services rendered pursuant to the payment schedule. 1. Payment. All services are billed and to be paid in advance, being due on or before the start of service or beginning of renewal period. a. First payment shall be due upon receipt of agreement. b. Contract takes effect on the date of receipt of payment. c. Any changes made to the Client's package (e.g. extra traffic charges, additional server space, additional e-mail accounts) shall be billed accordingly. 2. Renewal. This agreement will automatically renew for identical successive periods unless canceled in writing or modified by client at least thirty prior to the renewal date. Client will receive an invoice for charges and payment is due upon receipt of invoice. Rental services will automatically renew for a period of three months at the end of the contract period and at the end of each subsequent renewal term. 3. Cancellation. Either Client or SecureHost.Net may cancel this renewal at any time up to thirty days prior to the end of the current rental period. a. Written notice of cancellation is required; such notice has to mailed by U.S. Postal Service or other courier and be received in our offices prior to or not later than thirty days prior to the end of the current rental period. Notice by email or facsimile does not suffice. 4. Non-Renewal/No-Notice Penalty. Absent the receipt and acceptance of client's termination notice (per the above guidelines), if full payment for renewal of service is not received within ten days after the date of renewal of web hosting services, Client's account will be terminated and a penalty fee equal to one month's rental will be collected. For annual renewals such as Domain Name services, a one-time penalty of USD $25 will be collected from Client if past due ten days on renewal and a termination notice is not received. 5. Acceptance. All orders are subject to acceptance by SecureHost. An order will be deemed accepted by SecureHost.Net when confirmation of the order is sent to Customer. SecureHost.Net may refuse to accept any order, or delay acceptance awaiting completion of conditions SecureHost.Net may choose to exercise. Such refusal of such conditions may not be unreasonable, however, and SecureHost.Net agrees to provide Customer with reasonable notice by Email or Facsimile of any intent to delay or decline the acceptance of any order. 6. Suspension. SecureHost.Net reservers the right to suspend the customers account and services without notice should there be any problems with the customers method of payment. This includes expired credit cards, declined credit cards, inactive credit cards, and invalid checks. II. TAXES SecureHost.Net shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client or SecureHost.Net's server. Client agrees to take full responsibility for all taxes and fees of any nature associated with any such products sold. III. MATERIALS, PRODUCTS AND CONTENTS 1. SecureHost.Net will exercise no control whatsoever over the content of the information passing through the network or on the Client's web sites. SecureHost.Net makes no warranties or guarantees of any kind, whether expressed or implied for the service it is providing. SecureHost.Net also disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Client, including loss of data resulting from delays, non-deliveries or service interruptions or gaps by any cause or errors or omissions of the Client. SecureHost.Net is not responsible for any loss, erasure, or corruption of Client's data or files whatsoever. Use of any information obtained by way of SecureHost.Net is at the Client's own risk, and SecureHost.Net specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of connection to SecureHost.Net and does not represent guarantees of available end to end bandwidth. SecureHost.Net expressly limits its damages to the Client for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. SecureHost.Net specifically denies any responsibilities for any damages arising from a consequence of such unavailability. In the event that this material is not "Server-ready", SecureHost.Net may, at its option and at any time, reject this material, including but not limited to after it has been put on SecureHost.Net's Server. SecureHost.Net agrees to notify Client immediately of its refusal of the material and afford Client the opportunity to amend or modify the material to satisfy the needs and/or requirements of SecureHost. If the Client fails to modify the material, as directed by SecureHost.Net, within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be terminated.C lient agrees that SecureHost.Net is in no way whatsoever responsible nor knowledgable nor bears oversight responsability regarding Client's content on SecureHost.Net's servers. IV. TRADEMARKS AND COPYRIGHTS Client warrants that it has the right to use the applicable trademarks, if any, and grants SecureHost.Net the right to use such trademarks in connection with SecureHost.Net's service. Client agress to hold Sun Coast Web, Inc. and SecureHost.Net free of blame and/or any liability following Client's actions and/or abuse of any U.S. or International copyright/trademark violation caused or perpetuated by Client's content on SecureHost.Net's servers. Client agrees that SecureHost.Net is in no way whatsoever responsible nor knowledgable nor bears oversight responsability regarding Client's content on SecureHost.Net's servers. V. NETIQUETTE AND ON-LINE CONDUCT 1. The network resources of SecureHost.Net may not be used to impersonate another person or misrepresent authorization to act on behalf of others or SecureHost. All messages via SecureHost.Net should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or postings. Users may not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access to said networks. Clients may not use SecureHost.Net's server for mass e-mail or "spamming" purposes. 2. SecureHost.Net may impose reasonable rules and regulations regarding the use of its services. Customer shall impose such rules and regulations on its customers to the extent necessary to ensure compliance. 3. SecureHost.Net may discontinue servicing any Plan, or may require fulfillment of terms or conditions SecureHost.Net may choose to impose as a prerequisite for continuing to service any such Plan. Such discontinuation or requirement may not be unreasonable, however, and SecureHost.Net agrees to provide Customer with reasonable notice by Email and Facsimile of any such intent to discontinue or impose certain conditions. 4. SecureHost.Net's services may not be used for illegal purposes, or in support of illegal activities. SecureHost.Net reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong. Activities which are prohibited as potentially illegal include, but are not limited to:
VI. CHARGES FOR SPACE AND SERVER TRAFFIC ABOVE AND BEYOND THAT WHICH ARE ALLOCATED IN CLIENT'S HOSTING PLAN Client agrees that it will be charged and will remit payment for extra server traffic pursuant to the web site hosting package that Client has selected. Said charges will be prorated and will appear on the following invoice. Charges for excess server traffic are posted in the hosting section of http://www.SecureHost.net/. Client agrees that it will be charged and will remit payment for extra server storage space and extra e-mail accounts pursuant to the web site hosting package that Client has selected. Said charges will be prorated and appear on the following invoice. Charges for extra server storage space and extra e-mail accounts are posted in the hosting section of http://www.SecureHost.net/. VII. TERMINATION 1. This Agreement may be terminated by SecureHost.Net, without cause, by giving the other party thirty days notice via e-mail or Facsimile. In such event, SecureHost.Net will be required to pay to the other party an amount equal to the unused and prorated portion of service excluding any setup charges. Notwithstanding the above, SecureHost.Net may terminate the service under this Agreement at any time, without penalty, if the Client fails to comply with the terms of this Agreement. It is the clients responsibility to point his/her domain to another service provider upon termination, cancellation or discontinuation of service. 2. SecureHost.Net offers a thirtyd-day money back guarantee for its services. This guarantee excludes any setup fees or installation charges applied to SecureHost.Net's services. VIII. LIMITED LIABILITY 1. Client expressly agrees that use of SecureHost.Net's Server is at Client's sole risk. Neither SecureHost.Net, its employees, agents, resellers, third party information providers, merchants licensers or the like, warrant that SecureHost.Net's Server service will not be interrupted or be error free; nor do they make any warranty as to the results that might be obtained from the use of the Server service or as to the accuracy, or reliability of any information service or merchandise contained in or provided through the SecureHost.Net Server service, unless otherwise expressly stated in this Agreement. 2. Under no circumstances, including negligence, shall SecureHost.Net, its offices, agents or any one else involved in creating, or distributing SecureHost.Net's Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the SecureHost.Net Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to SecureHost.Net's records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on SecureHost.Net's Server service. IX. INDEMNIFICATION Client agrees that it shall defend, indemnify, save and hold SecureHost.Net harmless from any demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against SecureHost.Net, its agents, its customers, 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 SecureHost.Net against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with SecureHost.Net's Server; (ii) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold on SecureHost.Net Server. X. PARTIAL INVALIDITY If any provision of this agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect. SecureHost.Net and Customer agree to renegotiate in good faith any term held invalid and to be bound by mutually agreed substitute provision. XI. DISPUTES The parties shall try to resolve all disputes that might arise out of this agreement in a spirit of cooperation without formal procedures. Any dispute which cannot be so resolved (other than the collection of money due on unpaid invoices) and other than the injunctive relief referred to in paragraph 10 shall be subject to arbitration upon written demand of either party. Arbitration shall take place only in Clearwater, County of Pinellas, State of Florida. The arbitration will take place before an arbitration panel chosen as follows: The parties shall each choose an arbitrator, and the two arbitrators shall choose a third arbitrator and determine the third arbitrator's pay. Each party shall have one veto over the choice of the third arbitrator. The three arbitrators shall schedule an informal proceeding, hear the arguments, and decide the matter by secret majority vote. Unless the arbitrators decide otherwise, each party shall pay the costs of its own arbitrator, and shall pay half of the other costs of the arbitration proceeding. Each party shall have the right to have the proceedings transcribed. The arbitrators will not have the authority to award punitive damages or any other form of relief not contemplated in the contract. The majority of arbitrators shall render a written opinion setting forth the basis on which they arrived at the decision regarding each issue submitted to arbitration; the dissenting arbitrator, if any, shall not issue a dissenting opinion. Regarding each issue submitted to arbitration, the decision will be final and binding only to the extent it is accompanied by a written explanation of the basis upon which it was arrived at. Judgment upon the award, if any, rendered by the arbitrators may be entered in any court having jurisdiction. Should any legal action permissible under this agreement be taken to enforce the conditions and terms of this agreement, in particular the right to collect money due on unpaid invoices, SecureHost.Net shall be entitled to recover reasonable legal fees and expenses incurred at the trial and appellate levels. XII. NOTICES Except with respect to service of process as set forth in paragraph , all notices may be sent by email, Facsimile, or express mail to the email address, Facsimile number, or address most recently provided and will be effective upon transmission. Evidence of successful transmission shall be retained.  |
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