Terms and Conditions for Web Site Hosting
Cybercom Consulting, Inc. Web Hosting Agreement
This Agreement ("Agreement") is by and between Cybercom Consulting, Inc. ("C2inc") a Colorado corporation and You, Your heirs, agents, successors and assigns ("Client"), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of C2inc services ("Services") and explains C2inc's obligations to You and Your obligations to C2inc in relation to the Services You purchase.
By purchasing C2inc's Services, You acknowledge that You have read, understood, and agree to be bound by all terms and conditions of this Agreement and any other policies or agreements made part of this Agreement by reference, as well as any new, different or additional terms, conditions or policies which C2inc may establish from time to time, and any agreements that C2inc is currently bound by or will be bound by in the future. In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You've established with C2inc, whether or not the transactions were in Your behalf.
Rates and Fees
- Prices are fixed at your purchase price at the time of purchase for the term of your contract. If no contract is present, price changes will go into effect thirty (30) days from posting.
- C2inc may at any time, providing thirty (30) days notice, amend the rates and/or charges for any future server usage and/or services. If you do not request that your service be terminated, it will be conclusively presumed that you consent to the new terms, conditions and rates as notified.
- The billable service period begins on the first of each month except for the first month, which is prorated from date of service to the end of that month. All fees are due immediately and are non-refundable unless otherwise expressly noted, even if Your Services are suspended, terminated, or transferred prior to the end of the Services term.
- All hosting fees are due on the first of each month and are non-refundable. A five business day grace period is allowed for payments to be received. After the 5 business days and payment is not received a late fee of 1.5% maybe incurred. After 20 business days of payment not being received, web hosting maybe cancelled and a $15 setup fee will be incurred if the web site is to be re-established.
- This contract is from month to month and is automatically renewed each month unless written notice of cancellation has been given. If an account is to be closed and there is an account balance, then all payments must be paid in full prior to canceling of service.
- If for any reason C2inc is unable to charge Your Payment Method for the full amount owed C2inc for the Services provided, or if C2inc is charged a penalty for any fee it previously charged to Your Payment Method, You agree that C2inc may pursue all available remedies in order to obtain payment. If You pay by credit card and if for any reason C2inc is unable to charge Your credit card with the full amount of the Services provided, or if C2inc is charged back for any fee it previously charged to the credit card You provided, You agree that C2inc may pursue all available remedies in order to obtain payment. You agree that among the remedies C2inc may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to You of any domain names or Services registered or renewed on Your behalf. C2inc reserves the right to charge a reasonable administrative fee for administrative tasks outside the scope of its regular Services, including additional costs that it may incur in providing the Services and pass along to You. These include, but are not limited to, customer service issues that cannot be handled over email but require personal service, fees incurred by third parties You have elected to use as payment methods, including PayPal, and disputes that require legal services. These charges will be billed to the Payment Method we have on file for You.
- Client agrees that no material placed by Client on the C2inc website will:
- violate any international, federal, state or local law or regulation;
- in any way violate or infringe upon any party's privacy right, right of publicity, or any other right of any person or entity;
- contain any material which is unlawful, harmful, abusive, hateful, obscene, threatening, libelous or defamatory.
- Client acknowledges that sending unsolicited or email in bulk from your C2inc account constitutes misuse. Using your account as a mail drop or reply-to address for unsolicited email is also construed as misuse.
- This agreement hereby is intended for the use of only one web site. It is for the exclusive use of the Customer specifically named above and does not extend to any other person or entity. Customer may not resell, or host to third parties. The customer is solely responsible for the content on the above stated site and is bound by the terms under this agreement.
- Pornographic adult content is not authorized on C2inc servers.
- Client understands that C2inc servers are for deployment only, not application development. All application testing must be done on Clients equipment prior to use on C2inc servers. Client agrees to use their best effort to ensure all programmatic errors have been found and corrected before deploying on C2inc servers. The deployment of intentionally destructive applications will result in the Client's account being terminated and the website being deleted from C2inc facilities with no refund due the Client for any pre-paid service time. All amounts due for the billable contract period will be due upon termination.
- C2inc reserves the right to cancel any account, at any time, without notice, for any reason C2inc considers appropriate. At C2inc sole discretion, access to Client's account may be revoked at any time for abusive conduct on the system and/or the Internet and its resources as a whole. Client agrees to protect and indemnify C2inc against any and all liability, loss, or expense arising from claims of libel, unfair competition, unfair trademarks, trade names or patents, violations of rights and privacy and infringement of copyrights and property resulting from Client's use of C2inc services.
- Client is solely responsible for usage of C2inc and any statement Client makes on C2inc system may be deemed a "publication" of the information entered. Acknowledging the foregoing, Client specifically agrees not to use C2inc's service in any manner that is illegal, libelous, or against any C2inc policy.
- Transmission of any material in violation of any US or state regulation is prohibited. This includes, but is not limited to, copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret. Client agrees to indemnify and hold harmless C2inc from any claims resulting from your use of C2inc which damages Client or another party.
- Client understands that C2inc may, at its discretion, conduct periodic reviews of Client's website content. First violations of this agreement in regard to content will result in the Client's website being taken offline until the content complies fully with the regulations set forth herein. A second violation of this agreement will result in the Client's account being terminated and the website being deleted from C2inc facilities with no refund due the Client for any pre-paid service time. All amounts due for the billable contract period will be due upon termination.
Protection of Data
- C2inc may not have a current backup of your files. Due to power interruptions, "down time" and/or other factors beyond C2inc's control or due to any computer or software malfunction, your data may be lost by C2inc. Therefore, you are responsible for backing up your own files. C2inc shall not be responsible or liable for lost data.
- You are solely responsible for the protection of any materials you place on this system which you claim any copyright, trademark, patent or other intellectual property right. C2inc will not get involved in any disputes between you and any third party whatsoever regarding your or any such third person's claims of intellectual property rights. You agree to not make any claim, demand, or suit against C2inc, including but not limited to any demand that C2inc protect your claims by removing another person's material, do any other affirmative act, or as damages against C2inc for acting or failing to act in any manner with respect to any intellectual property claims.
- You are solely responsible for the content of your material with respect to any other person's claims of copyright, trademark, patent or other intellectual property. You agree to indemnify and hold harmless against all liability, including legal fees, costs and expenses, incurred by C2inc as a result of any claims by third parties that your material infringes on any such third party's intellectual property rights.
- You are advised that the Internet is not a secure system. Information of a private or confidential nature should not be placed on the system. C2inc specifically denies any responsibility for the security of your account and the data stored in C2inc facilities.
- Use of any information obtained via C2inc services is at your own risk. C2inc specifically denies any responsibility for the accuracy or quality of information obtained through its services.
- It is recognized that the Internet may contain viruses which may, if not eliminated, destroy parts or all of the data contained within your computer. C2inc has no control over these viruses, neither does C2inc provide any filtering or checking of data to eliminate these viruses. You agree to provide your own mechanism for checking your computer system for viruses and to hold C2inc harmless from any damage caused by viruses obtained through C2inc services. Further, you agree not to introduce any virus onto the Internet or C2inc system. If you do so, your service will be terminated immediately. Further, you agree to hold C2inc harmless from, and to indemnify C2inc for, any damages or claims for damages resulting from any viruses introduced by you into the Internet or C2inc facilities.
Right to Delete
C2inc retains the right to delete, without notice, any material which C2inc, in its sole discretion, deems in violation of C2inc policy, or which is or may be offensive to C2inc or other users of this system. You agree that in the event C2inc does delete your material per the terms of this section, that your only recourse against C2inc is for a return of your unused contract time, if any, if and only if it is found that your material was not in violation of the terms of this section. In no event shall you have any claims against C2inc for consequential damages of any kind, including for lost business, emotional damages, direct damages, loss of data or material, or any other damages other than your unused contract time.
Limitation of Liability
IN NO EVENT SHALL C2inc BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLDUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF C2inc HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states may not allow such a broad exclusion or limitation on liability for damages as contained herein. In such states, C2inc's liability is limited to the full extent permitted by law. You agree that in no event shall C2inc's maximum aggregate liability exceed the total amount paid by You for the particular Software or Service in dispute purchased from C2inc .
Disclaimer of Warranties
C2inc expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Our services are provided on an "As Is" and "As Available" basis. C2inc makes no warranty that its services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free, or that defects will be corrected. C2inc does not warrant, nor make any representations regarding the use, or results of, any of the services it provides, in terms of their correctness, accuracy, reliability, or otherwise.
Some jurisdictions do not allow the disclaimer of implied warranties, in which event that foregoing disclaimer may not apply to You.
You agree to defend, indemnify and hold harmless C2inc and its contractors, agents, employees, officers, directors, shareholders, and affiliates from any loss, liability, damages or expense, including reasonable attorneys' fees, resulting from any third party claim, action, proceeding or demand related to Your (including Your agents affiliates, or anyone using Your account, software or services with C2inc whether or not on Your behalf, and whether or not with Your permission) use of the Software or Services You purchased from C2inc or Your breach of this Agreement or incorporated agreements and policies. In addition, You agree to indemnify and hold C2inc harmless from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of any breach of any representation or warranty provided herein, any negligence or willful misconduct by You, or any allegation that Your account infringes a third person's copyright, trademark or proprietary or intellectual property right, or misappropriates a third person's trade secrets. This indemnification is in addition to any indemnification required of You elsewhere.
Should C2inc be notified of a pending law suit, or receive notice of the filing of a law suit, C2inc may seek a written confirmation from You concerning Your obligation to indemnify C2inc. Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that C2inc shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify C2inc of any such claim promptly in writing and to allow C2inc to control the proceedings. You agree to cooperate fully with C2inc during such proceedings. You agree You will not be entitled to a refund of any fees paid to C2inc if, for any reason, C2inc takes corrective action with respect to Your improper or illegal use of its services. You also agree that if C2inc is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a Traffic Facts account of Yours with C2inc, that C2inc, in its sole discretion, may take whatever action C2inc deems necessary regarding further modification, assignment of and/or control of your account to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled.
Governing Law, Venue; Waiver of Trial By Jury
This agreement shall be deemed entered into in the State of Colorado. Except for disputes concerning the user of a domain name registered with C2inc, You agree that the laws and judicial decisions of Boulder County, Colorado, shall be used to determine the validity, construction, interpretation and legal effect of this Agreement. You agree that any action relating to or arising out of this Agreement shall be brought in the courts of Boulder County, Colorado. For the adjudication of disputes concerning the use of any domain name registered with C2inc, You agree to submit to jurisdiction and venue in the U.S. District Court in Boulder County, Colorado. You agree to waive the right to trial by jury in any proceeding that takes place relating to or arising out of this Agreement.
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Updated: May 30, 2006
Cybercom Consulting, Inc.
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