513 Wilshire Blvd.,
Santa Monica, Ca 90401
Ph.: (310) 451-5151
Fax.: (310) 451-4736
inquiry@unitedwebsite.net
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A Division of The Printing Palace WEB SITE HOSTING AGREEMENT [TERMS & CONDITIONS] [CLIENT RESPONSIBILITY] [FEE SCHEDULE & BILLING ] [DELINQUENT PAYMENTS ] [TERMINATION OF SERVICE] [LIMITATION OF LIABILITY ] [WARRANTIES AND REPRESENTATIONS] Acceptable Use Policy Unitedwebsite.net, (hereinafter UWS) is a California company, with its primary offices in Los Angeles County, California. _______________________________________, (hereinafter Client) is the party purchasing a Web Site hosting plan. TERMS AND CONDITIONS (top) 1.1 Unacceptable Activities As a high quality web site hosting provider, UWS values and protects its good reputation. Accordingly, it is important to us that our customers use our services and the internet in a responsible and courteous manner. The following examples of unacceptable behavior may result in suspension or revocation of the client's account. Unacceptable activities include spamming (sending unsolicited advertising to someone the sender has no previous business relationship), posting off topic advertising in news groups, spoofing (using an e-mail address which is not the valid e-mail address of the sender or sending an e-mail message which does not contain enough information to enable the recipient to identify the party who is really sending the message, passive spamming (promoting a web site hosted by UWS by spamming from some other source, trolling (posting controversial messages in newsgroups to generate responses, mailbombing,(inundating a user with e-mail without any intent to correspond) false subscription ( subscribing someone to an electronic mailing list without their permission). A message is considered unsolicited if it is posted in violation of a news group charter or sent to a recipient who has not requested the information. Making an e-mail address available to the public does not constitute an invitation for unsolicited mail. All recipients on an e-mail mailing list must have personally subscribed. Mailing lists may not be used to distribute unsolicited e-mail. Any customer found in violation of these prohibitions may find their service terminated. If you are in doubt as to whether or not an action will be in violation of these conditions, please contact us at inquiry@unitedwebsite.net. 1.2 Age The client must be 18 years of age to obtain our service. 1.3 Abuse of legal rights of others UWS will not ever seek to abridge the 1st Amendment rights of Free Speech of its clients and will not suspend or revoke a client's account simply because it disagrees the views of the client, however posting private information about a person without their consent, infringing intellectual property rights, defaming or libeling a person and knowingly making available codes which will have a deleterious effect on third party computers will not be tolerated and may be grounds to revoke or terminate a client's service. 1.4 Violations of Law UWS may be used for lawful purposes only. Any violation of State or Federal Laws controlling internet usage and or content shall serve as grounds and good cause to immediately terminate subscriber service. UWS reserves the right to check systems files, e-mail, and other date on our servers for illegal content and materials. 1.5 Pornography Pornography and explicit, sex related merchandising is not an acceptable use of UWS systems. 1.6 Hacking/Cracking UWS reserves the right and has the legal obligation to report any incidences of Hacking or cracking to the proper regulatory, administrative or governmental authorities for prosecution. The following list includes examples of illegal hacking or cracking. This list is non-exclusive and provided for guidance purposes. Please contact us if you are unsure as to whether your actions will violate our policies and this agreement. · Broadcast messages, or any messages sent on an intrusive basis to any directly or indirectly attached network. · Attempting to, or circumventing any user authentication or security of host network or account. · Accessing date not intended for user. · Probing the security of any network. · Spawning dozens of processes. · Port scans. · Ping floods. · Packet spoofing. · Forging router information. · Denial of service attacks, including sniffers, flooders, spoofing, ping bombing, smurfs, winnuke, land and teardrop. · Promulgation of viruses. · IRC bolts such as eggdrop or BitchX. Any activity, whether or not the activity results in the corruption, disruption or loss of data will be investigated and proper action taken. The presence of any of these programs, whether or not run shall result in action taken against the user including suspension or termination of the service. CLIENT RESPONSIBILITY (top) 2.1 Client Activity The client is responsible for all activity originating from the account unless proven to be the victim of outside hacking or address forgery. The client is responsible for securing their own user name or password. The client assumes responsibility for all material on their site which may have been put there by a third party (such as Free For All links pages etc.) 2.2 Knowledge of internet language, protocol, software Proper use of UWS services requires a certain level of knowledge in the use of internet language, protocols and software, including, but not limited to, web publishing tools, HTML, locating and linking documents, Graphics, text, sound, images mapping etc. CGI scripts, UNIX environment, TAR & GUNZIP commands, Perl, C-Shell scripts, permissions etc., Mail. The client agrees that they have, or have access to, the knowledge necessary to maintain their web space. Client agrees that it is not the responsibility of UWS to provide this knowledge or support outside matter specific to UWS's Web Hosting servers. 2.3 Backup It is the client's responsibility to maintain local copies of their web content and information. If data loss occurs due to negligence of the Client in securing their account or by an action of client, UWS will attempt to recover the data from their most recent archive for a $100.00 fee. Though UWS does maintain daily and weekly backups, no guarantee or warranty is made as to the integrity of these back ups. FEE SCHEDULE & BILLING (top) 3.1 Service provided The Company offers two basic plans to subscribers: PLAN "A" MONTHLY PAYMENT PLAN · Monthly fee $15.00 per month · Set up fee $24.95 · First and last month and set up fee due on signing · Month to month contract · 3 Free e-mail(s) PLAN "B" ANNUAL PAY PLAN · Three free months!!! · Free set up! · One annual payment of $135.00 (save $45.00 over monthly payment plan!) · Up to 10 free e-mail accounts 3.2 Billing Clients paying for PLAN "A" by credit card will find their billing amount reflected in a Printing Palace charge on each months credit card billing. For clients paying by check, checks must be received five days prior to the anniversary of their initial order. Clients paying for PLAN "B", who are taking advantage of THREE FREE MONTHS of UWS web site hosting must provide a valid credit card number at signing, or if by check, by a check drawn on a U.S. Bank against verified good funds. Client agrees to pay all fees, monthly or annual pursuant to the required by the plan he has chosen. DELINQUENT PAYMENTS CREDIT PROBLEMS (top) 4.1 UWS will immediately terminate service if payment is not received timely, a credit card becomes invalid or declined, or if a clients check is not received five days prior to the anniversary date of their first order. TERMINATION OF SERVICE (top) 5.1 For Cause or No Cause Client may terminate this agreement at any time, with or without cause by E-Mailing notice of termination to cancel@unitedwebsite.net Notice received and acknowledged will be terminated within 48 hours. Notice of termination shall contain client's name, domain name and password. Termination for cause by UWS shall occur forthwith. Termination by UWS for no cause shall only be on 10 days notice, E-Mailed to client at their UWS web site. 5.2 Refunds and Credits Clients who are Plan B subscribers, canceling without cause, shall have any unused funds due them returned but will be assessed $24.95 set up and two months monthly service fee in the amount of $39.90. In the event any client's account is terminated for cause, NO REFUND OF ANY FEES, INCLUDING THE MONTHLY SERVICE FEE WILL BE GRANTED, CREDITED OR RETURNED TO CLIENT. SOLE REMEDY 6.1 The sole remedy available to any client with respect to any dissatisfaction with UWS fees, policies, billing practices or methods is termination of their service as described in 5.1 supra. LIMITATION OF LIABILITY (top) 7.1 Disclaimer UWS shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from UWS going off line or being unavailable for any reason. UWS shall not be responsible for any claimed damages, including incidental or consequential damages resulting from the corruption of deletion of any web site from the UWS server. All such damages shall be limited only to the immediate termination of service. 7.2 Liability to Client or Third Party Neither UWS, its employees or affiliates shall be liable to the client or to third parties, or any other person or entity, under any legal theory, be it tort, contract or otherwise for any direct, indirect, special, incidental or consequential damages of any character or nature whatever, including but not limited to, loss of good will, work stoppages, computer or site failure or malfunction, or any other commercial damages or losses related to any products or services Client's URL promotes, sells or endorses. 7.3 Sole Arbiter and Reservations UWS and UWS alone shall be the sole Arbiter of what is and is not a violation of this agreement and acceptable use policies. UWS reserves the right to terminate an account at any time and for any reason that causes harm to any UWS customer's web sites. UWS reserves the right to delete all content and files on termination. UWS reserves the right to withhold any prepaid funds for any site removed for violations of these policies. UWS reserves the right to refuse, withhold, cancel, or suspend services at our sole discretion. WARRANTIES AND REPRESENTATIONS (top) The parties warrant, represent and agree as follows: 8.1 Severability If any portion of this agreement is deemed unlawful or unenforceable, that portion shall be excised and the agreement interpreted in its absence. 8.2 Total Agreement This agreement represents the total agreement of the parties and may not be modified except by a document in writing and signed by the party to be charged. 8.3 Jurisdiction This document shall be interpreted under the Laws of the State of California and the County of Los Angeles shall be the agreed venue for resolution of any disputes. 8.4 Attorney fees Shall be awarded to the prevailing party in the event of litigation. THE PURCHASE OF ANY UWS WEB SITE SERVICE PLAN BY CLIENT IS MADE AFTER CLIENT ACCEPTS THE TERMS AND CONDITIONS HEREIN BY ENTERING HIS NAME, THE DATE AND TYPING "I AGREE", THEN SUBMITTING THEIR ORDER FORM, OR BY SIGNING THE ORDER AS BELOW INDICATED AND SENDING IT TO: 513 Wilshire Blvd Santa Monica, Ca 90401. -OR- This agreement entered into this ____ day of ____________, 200__. At Santa Monica, CA. Unitedwebsite.net ________________________________ by AGREED AND ACCEPTED: ________________________________ CLIENT |
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