| Whereas the following Agreement is made
between NET ASPECTS and the Web Hosting customer, who will be referred to in this document
as "Customer". The parties agree to the following, which shall apply during the
term of this agreement: 1. DEFINITIONS:
A. "Plans" means proposals for offering various
services to be provided by NET ASPECTS, as listed online at: http://www.netaspects.com.
B. "Customer" means an end user who is
utilizing Web Hosting services provided by NET ASPECTS.
2. ORDER ACCEPTANCE, PAYMENT
A. All orders are subject to acceptance by NET ASPECTS.
An order will be deemed accepted by NET ASPECTS when written (e-mail) confirmation of the
order is sent to Customer. NET ASPECTS may refuse to accept or delay acceptance of any
order for any reason.
B. Payment and Terms: Payment shall be made in US dollars
to NET ASPECTS. Payments are due upon account activation and by monthly renewal. If due to
bank charges, transfer fees, or the like, NET ASPECTS should receive less than its invoice
amount, NET ASPECTS will re-invoice Customer for the shortfall. Should payment in full of
any invoice (aside from such shortfalls) not be received by NET ASPECTS within thirty (30)
days after activation or monthly renewal invoice date, NET ASPECTS may discontinue,
withhold, or suspend services to Customer.
3. DUTIES OF NET ASPECTS
NET ASPECTS will acquire an Internet Domain Name (only
from the InterNIC) on behalf of the Customer, as specified. Any costs of NET ASPECTS in
obtaining or maintaining a domain name for Customer shall be immediately reimbursed to NET
ASPECTS upon invoice from NET ASPECTS to Customer. NET ASPECTS does not warranty that it's
registration services are successful, whether a domain is actually acquired or reserved on
behalf of Customer. Under no circumstances will NET ASPECTS be held reliable for losses or
damages suffered by Customer resulting from delays in the registration process or failure
to acquire such said intellectual property.
4. LIMITATION OF NET ASPECTS's OBLIGATIONS AND LIABILITY
A. NET ASPECTS will utilize its best efforts to maintain
acceptable performance of services contracted for, but NET ASPECTS makes absolutely no
warranties whatsoever, express or implied, including warranty of merchantability or
fitness for a particular purpose. NET ASPECTS cannot guarantee continuous service, service
at any particular time, or integrity of data stored or transmitted via its system or via
the Internet. NET ASPECTS will not be liable for the inadvertent disclosure of, or
corruption or erasure of, data transmitted or received or stored on its system. NET
ASPECTS shall not be liable to Customer for any claims or damages which may be suffered by
Customer, including, but not limited to, losses or damages of any and every nature,
resulting from the loss of data, inability to access Internet, or inability to transmit or
receive information, caused by, or resulting from, delays, non-deliveries, or service
interruptions whether or not caused by the fault or negligence of NET ASPECTS.
B. NET ASPECTS may discontinue servicing any Plan, or may
require fulfillment of conditions NET ASPECTS may choose to impose as a prerequisite for
continuing to service any Plan. NET ASPECTS agrees to provide Customer with reasonable
notice via e-mail or fax of any such intent to discontinue or impose conditions unless it
is determined that such notice would cause harm to NET ASPECTS. The following activities
are specifically not allowed by NET ASPECTS and will result in IMMEDIATE account
termination: Running ADULT web sites, Running HATE web sites, participation in undirected
bulk e-mail delivery (SPAMMING) either through the use of our mail servers or not,
GAMBLING web sites, or any sites promoting or participating in ILLEGAL activities.
C. NET ASPECTS's liability to Customer, and any end user
of any Plan or other NET ASPECTS services is limited to the amount paid to and received by
NET ASPECTS for services not accepted. In no event shall NET ASPECTS be liable to
Customer, or any end user or any other entity for any special, consequential, or other
damages, however caused, whether for breach of contract, negligence or otherwise, even if
NET ASPECTS has been advised of the possibility of such damage.
D. Customer will take all necessary measures to preclude
NET ASPECTS from being made a party to any lawsuit or claim regarding NET ASPECTS services
provided to any Customer or end user. Customer hereby agrees to indemnify and hold
harmless NET ASPECTS from any and all claims of whatever nature brought by any of
Customer's customers against NET ASPECTS in excess of the remedy set forth in paragraph
4(C).
5. PROPERTY RIGHTS
NET ASPECTS owns all rights, titles and interests in NET
ASPECTS's trade names, service marks, inventions, copyrights, trade secrets, patents, and
know-how relating to the design, function, or operation of Plans and of the hardware and
software systems and resources necessary to provide the individual service elements of
which they consist. This agreement does not constitute a license to Customer to use NET
ASPECTS's trade names or service marks. The use by Customer of the other property rights
mentioned here is authorized only for the purposes of marketing and selling Plans.
6. RELATIONSHIP OF THE PARTIES
The relationship between NET ASPECTS and Customer is that
of vendor and vendee. They shall not be construed as being joint ventures,
franchiser/franchisee, or employer/employee. This agreement is a commercial agreement
between businesses, not a consumer agreement. Customer has no authority, apparent or
otherwise, to contract for or on behalf of NET ASPECTS, or in any other way legally bind
NET ASPECTS in any fashion, nor shall Customer be authorized to make any representations
about NET ASPECTS or its services other than to set forth NET ASPECTS's responsibilities
as outlined in this agreement.
7. APPLICABLE LAW, JURISDICTIONAL MATTERS
This agreement takes effect when accepted by NET ASPECTS
in California. It is to be governed by and construed under the laws of the State of
California and the United States of America. The federal and state courts of the State of
California shall have exclusive jurisdiction to adjudicate any non-arbitral dispute
arising out of this agreement. Customer hereby expressly consents to (1) the jurisdiction
of the courts of California and (2) service of process being effective upon it by
registered mail sent to the address set forth at the beginning of this document, as may be
changed from time to time by written notice actually received by NET ASPECTS. To the
extent permissible by the law of Customer's jurisdiction, Customer waives any requirement
that service of process or of any documents be made upon it pursuant to the provisions of
the Hague Convention.
8. ENTIRE AGREEMENT; MODIFICATIONS
This agreement sets forth the entire agreement and
understanding between the parties and merges all prior discussion between them. NET
ASPECTS may make changes to this agreement upon thirty (30) days' written notice to
Customer, advising of the change and the effective date thereof. Utilization of NET
ASPECTS services by Customer and/or its Customers following the effective date of such
change shall constitute acceptance by Customer of such change(s). Otherwise, this
agreement may not be modified except by the of written consent of both parties. |
