Infopage Services
You
WHEREAS, Infopage Services is an information provider connected to the Internet. Infopage
Services offers storage and transfer services over the Internet through access to its Web
Server;
WHEREAS, Customer seeks to utilize Infopage Services's server for its own purposes;
WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any
one entity; therefore, Infopage Services can make no guarantee that any given reader shall
be able to access Infopage Services's server at any given time. Infopage Services
represents that it shall make every good faith effort to ensure that its server is
available as widely as possible and with as little service interruption as possible;
WHEREAS, the party has authority to enter into this agreement on behalf of the Company, if
applicable;
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;
I. Financial Arrangements:
1. Customer agrees to a three (3), six (6), nine (9) or twelve (12) month contract--referred to hereafter as minimum monthly, beginning upon commencement of service. For accounts with no minimum monthly contract length, the default value of the minimum monthly is one month.
2. First minimum monthly payment plus a non-refundable setup charges, if any, shall be due upon receipt of contract (verbal, email, fax or post).
3. This agreement will automatically renew for successive three minimum monthly periods for the life of the contract until canceled in writing, or verbally. Customers paying by check or money order will receive an invoice for charges and payment is due upon receipt. Customers paying by credit card expressly agree to have their credit card account billed at the minimum monthly increment for the recurring charges for the life of the contract including any automatic renewal periods.
4. Initial payment is due with the contract. For accounting purposes, renewal charges for contracts received on or after the 20th of the month will accrue as of the 1st of the following month. By way of example, an account setup on August 20th for a 3 month minimum will be setup immediately and the initial payment will be due with the contract. The initial term of the agreement will be August 20 through November 30. The first renewal charge will be due in December for second quarter of services.
II. Taxes:
Infopage Services shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Customer or Infopage Services's server. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.
III. Material and Products:
1. Customer will provide Infopage Services with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of Infopage Services (unless Infopage Services is retained to do the actual page (re)design and or maintenance). Infopage Services shall make no effort to validate this information for content, correctness or usability, except as noted above.
2. Use of Infopage Services's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Customer's Webspace by the Customer, and whether or not Infopage Services is doing the page design and maintenance. If Infopage Services is also (re)designing, maintaning, we guarantee to do all publishing/design to the best of our abilities as guided by the customer's wishes.
The following examples are offered:
Web Publishing: requires a knowledge of HTML, properly locating and linking documents, FTPing Webspace contents, Graphics, text, Sound, imagemapping, etc. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc. Autoresponders: a knowledge of mReply autoresponder, forwarding mail, use of mail Customers to receive mail, etc. The Customer agrees that he or she is a necessary knowledge to create Customer's Webspace. Customer agrees that it is not the responsibility of Infopage Services, Inc. to provide this knowledge or Customer Support outside of the defined service of Infopage Services, unless specifically retained to do so.
3. Infopage Services will exercise no control whatsoever over the content of the information passing through the network. Infopage Services makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Infopage Services also disclaims any warranty of merchant-ability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of Infopage Services is at the Customer's own risk, and Infopage Services specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. Infopage Services expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro- rata monthly charge during the system unavailability. Infopage Services specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not "Server-ready", Infopage Services may, at its option and at any time, reject this material, including but not limited to after it has been put on Infopage Services's Server. Infopage Services agrees to notify Customer immediately of its refusal of the material and afford Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of Infopage Services. If the Customer fails to modify the material, as directed by Infopage Services, within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be deemed to be terminated.
IV. Trademarks & Copyrights:
Customer warrants that it has the right to use the applicable trademarks, if any.
V. Hardware, Equipment & Software:
The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access Infopage Services. Infopage Services makes no representations, warranties or assurances that the Customer's equipment will be compatible with the Infopage Services service.
VI. Age:
The Customer certifies that he or she is at least 18 years of age.
VII. Internet Etiquette:
Electronic forums such as mail distribution lists and Use Net news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of Infopage Services may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Infopage Services. All messages transmitted via Infopage Services should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access.
VIII. Termination:
This Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice.All fees for services are non-refundable. Notice must be faxed or, mailed. Infopage Services will not accept terminations by electronic mail or over the telephone. Notwithstanding the above, Infopage Services may terminate service under this Agreement at any time, without penalty, if the Customer fails to comply with the terms of this Agreement, including non-payment. Infopage Services reserves the right to charge a reinstatement fee.
IX. Limited Liability:
Customer expressly agrees that use of Infopage Services's Server is at Customer's sole risk. Neither Infopage Services, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Infopage Services's Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Infopage Services Server service, unless otherwise expressly stated in this Agreement.
Under no circumstances, including negligence, shall Infopage Services, its offices, agents or any one else involved in creating, producing or distributing Infopage Services'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 Infopage Services 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 Infopage Services's records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on Infopage Services's Server service.
Notwithstanding the above, Customer's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Customer paid during the term of this Agreement and any reasonable attorney's fee and court costs.
X. Lawful Purpose:
Customer may only use Infopage Services's Server for lawful purpose. Trans- mission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets. This also includes links or any connection to such materials.
XI. Indemnification:
Customer agrees that it shall defend, indemnify, save and hold Infopage Services harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against Infopage Services, 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 Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Infopage Services against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with Infopage Services's Server; (ii) any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Customer sold on Infopage Services Server.
XII. Contract Revisions:
Revisions to this Contract will be applicable to previous Contracts. Revisions will be considered agreed to by the Customer on renewal of Infopage Services, Inc. Services as specified in Section I. Financial Arrangements.
XIII Transfer:
Customer may not transfer this agreement without the written consent of Infopage Services.
This Agreement constitutes the entire understanding of the parties. Any changes or modifications to this Contract thereto are agreed to by the both parties upon renewal of services.
This Agreement shall be governed and construed in accordance with the laws of the State of Louisiana and of the Internet, and all court disputes shall be held in Louisiana.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement by clicking below this button
I agree to all conditions above