CONTRACT FOR
WEB SITE HOSTING SERVICES and/or COMMISSIONED WEB DESIGN and/or COMMISSIONED CGI PROGRAMMING 1.1
The following agreement is by and between CyBoards, Inc., located in
Mays Landing, New Jersy,
and any Client who has expressly authorized hosting, design, or programming services
The following words used in context of the Service Contract are
defined as follows:
"Provider": CyBoards, Inc
"Client": The person or entity using CyBoards, Inc. Web Hosting services, and/or who has commissioned Custom Web Design
and/or CGI programming.
The Provider agrees to provide, and Client agrees to receive, access
to the Web Hosting, Design and CGI Programming services according to the following terms and conditions:
1. Services and Products:
a) The providers service is provided on an "AS IS, AS
AVAILABLE" basis. The provider gives no warranty, expressed or implied, for the Web
Hosting Services Provided, including, without limitation, warranty of the merchantability, profitability,
and warranty of fitness for a particular purpose. This no warranty expressly includes any
reimbursement for losses of income due to disruption of services by provider or its
providers beyond the fees paid by client to provider for services.
b) Client will use the Web Hosting Services in a manner consistent with
any and all applicable laws of the State of New Jersey and the US Federal Government.
c) Use of any information obtained by way of provider is at
Client’s own risk, and Provider 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 does not represent guarantees of available end
to end bandwidth.
d) Provider is not responsible for any damages arising from
Client’s use of Provider or by Client’s inability to use the Web Hosting
services for any reason.
e) While Provider shall make every reasonable effort to protect data
stored on Client’s Server(s), Provider is not responsible for Client’s Data,
files, or directories residing on Provider’s equipment. Client is solely responsible
for maintaining data, file, and directory structure backups.
2. Additional Services and Products:
Site Announcement Services will be provided upon launch of any web site, notifying
Web Search Engines and Directories of the sites publication, contents, and providing them with any
requested details as to the Client's contact information.
3. Payment Terms:
a) Client agrees to a month to month hosting contract beginning the first day of the first month after
site launch.
b) Design and Programming Fees are invoiced separately, and are due upon receipt.
c) This agreement will automatically renew for successive single month
periods unless canceled in writing 30 days prior to the monthly renewal date. Client will
receive an invoice for charges and payment is due upon receipt. Renewal prices are subject
to change. Continued use of hosting services and/or commissioned web design and/or CGI programming and/or commissioned scripts
by Client indicates agreement to contract revisions.
d) Late charges of 24% per year, with a minimum of $20 will be applied
from the due date of
any late invoice, if payment is not received by Provider within 90 days of the due date,
Provider has the option of terminating the Client’s account.
e) Provider reserves the right, in its sole discretion, to deactivate
the Clients Web Hosting account(s) upon an indication of any credit problems including
delinquent payments. Continued use of hosting services is deemed as acceptance of this contract.
f) Credit Card Customers agree to allow CyBoards, Inc. to bill such card
on each successive billing date without obtaining the user’s permission after the
initial charge. Credit Card customers must notify CyBoards, Inc. of any changes in Credit
Card Number or expiration date. If the card is not honored for any reason CyBoards, Inc.
will make one attempt to notify the Client via e-mail. If another method of payment is not
established within 48 hours, the account may be terminated. The re-establishment of the
account will subject the user to a reactivation fee of 1/2 the original Set-up fee.
4. Taxes:
a) CyBoards, Inc. shall not be liable for any taxes or other fees to be
paid in accordance with or related to purchases made from Client or Client’s use of
Web Hosting Services. Client agrees to take full responsibility for all taxes and fees of
any nature associated with such products sold.
b) In the event that any Federal, State or Local Municipality imposes
any form of Tax on access to the Internet, customer agrees to pay such Tax in addition to
the normal monthly access fee. CyBoards, Inc. reserves the right to modify it’s rates
and Terms and Conditions as required. Notice of such changes will be delivered to users
via postings on our Web Site only. Continued usage of hosting services and/or commissioned web design and/or CGI programming
indicates the Client's acceptance of the terms and conditions constituting this agreement
5. Trademarks and Copyrights:
a) Clients warrants that it has the right to use the applicable
trademarks of Client, and grants to Provider the rights to use such trademarks, if any, in
connection with Provider’s promotion of, referencing of, cataloging of, or indexing
of Provider’s Web Hosting clients.
b) Client hereby agrees that any material submitted by the Client for publication by
provider through clients account(s) will not violate or infringe any copyright, trademark,
patent, statutory, common law or proprietary rights of others, or contain anything
libelous or harmful.
c) Client hereby agrees that all materials published on the providers system, through the client's account are the sole responsibility of the client.
6. Hardware, Equipment, and Software:
Client is responsible for and must provide all telephone, computer,
hardware and software equipment and services necessary to access the services. Provider
makes no representations, warranties, or assurances that Client’s equipment will be
compatible with Provider’s Services.
7. Age:
Clients certifies that he or she is at least 18 years of age.
8. Internet Etiquette:
a) Users of Internet and electronic forums should be considerate of the
expectation and sensitivities of others on the network when posting material for
electronic distribution. The network resources may not be used to impersonate another
person or misrepresent authorization to act on behalf of others or Provider. All messages
transmitted via Provider’s service should correctly identify the sender; users may
not alter the attribution of origin in electronic mail messages or postings. Users must
not attempt to undermine the security or integrity of computing systems or networks and
must not attempt to gain unauthorized access.
b) Due to the public nature of the Internet, all information should be
considered publicly accessible, and important or private information should be treated
carefully. Provider is not liable for protection or privacy of electronic mail or other
information transferred throughout the Internet or any other network provider or its
customers may utilize.
c) Use of distribution lists via unsolicited electronic mail or other
electronic mailings is strictly prohibited. The Provider reserves the right to deactivate
the Client’s Web Hosting account(s) upon and indication of such activity. Client
hereby agrees to indemnify and hold harmless the Provider from any claim resulting form
the Client’s or another party’s use of electronic mail service(s) on the Clients
Web Hosting account(s).
9. Termination:
a) All Client initiated cancellation requests must be made in writing
with 30 days prior notice and sent via certified US Mail to CyBoards, Inc.. Cancellation will not
take effect until received. Current month fees are neither refundable nor prorated.
b) CyBoards, Inc. reserves the right to suspend service without notice
for any unpaid or partially paid balances. The Client is responsible for any attorney fees,
court costs, and collection fees
incurred for the collection of any unpaid amounts.
c) CyBoards, Inc. reserves the right to cancel an account at any time. In
the event of cancellation, the unused, prorated amount of any deposit or monthly fee will
be returned to the Client.
d) Spamming (the practice of sending unsolicited, unwelcome mass
mailings to people) is strictly prohibited. Any Client found to be Spamming will have
their account immediately terminated and find themselves billed for any unpaid balances as
well as for any damages that occur as a result of it.
10. Limited Liability:
a) Client expressly agrees that use of Provider’s services is at
Client’s sole risk. Provider, its employees, affiliates, agents, third party
information providers, merchants, licensers or the like, warrant that Provider’s Web
Hosting Service will not be error free or uninterrupted; nor do they make any warranty as
to the results that may be obtained from the use of the Web Hosting Service or as to the
accuracy, reliability or content of any information service or merchandise contained in or
provided through the CyBoards, Inc. Web Hosting Service, unless otherwise expressly stated
in this agreement.
b) Client hereby agrees that any material submitted for publication on
provider through Client’s account(s) will not contain anything leading to an abusive
or unethical use of the Web Hosting Service or Host Server(s). Abusive and unethical
materials and uses include, but are not limited to, pornography, obscenity, nudity,
violations of privacy, computer viruses, any harassing and harmful material or uses, any
illegal activity, or material advocating illegal activity, and any infringement of privacy
or libel.
c) Client hereby agrees to indemnify and hold harmless the Provider from
any claim resulting from Client’s publication of material or use of those materials.
Provider may or may not give notice before deactivating the use of an account(s) which the
Provider decides is an abusive or unethical use of, or a potentially illegal use of the
Web Hosting account(s) or host sever(s). Client hereby agrees to indemnify and hold
harmless the Provider in any claim resulting from the submission of illegal materials.
d) Under no circumstances, including negligence, shall Provider, its
offices, agents or anyone else involved in creating, producing or distributing
Provider’s Web Hosting Service be liable for any direct, indirect, incidental,
special or consequential damages that result from the use of or inability to use the
Provider’s Web Hosting services; or that results from mistakes, omissions,
interruptions, deletion or loss of files or data, errors, defects, delays in operation, or
of performance, whether or not limited to acts of God, communication failure, theft,
destruction or unauthorized access to Provider’s records, programs or services.
Client maintains sole responsibility for data backups and restoration. Client hereby
acknowledges that this paragraph shall apply to all content on Provider’s Web Hosting
services.
e) Notwithstanding the above, Client’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 Client paid during the term
of this Agreement and any reasonable attorney’s fee and court costs.
11. Indemnification:
Client agrees that it shall defend, indemnify, save and hold Provider
harmless from any and all demands, liabilities, losses, costs and claims, including
reasonable attorney’s fees, ("Liabilities") asserted against Provider,
agents, its clients, 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, employee or assigns. Clients agrees to defend, indemnify and hold harmless
Provider against Liabilities arising out of (i) any injury to person or property caused by
any products or services sold or otherwise distributed in connection with Provider’s
Web Hosting service; (ii) any material supplied by Client infringing on the proprietary
rights of a third party; (iii) copyright infringement and (iv) any defective product which
Client has sold on the Web Hosting server.
12. Contract Revisions:
Revisions to this Contract will be considered agreed to by Client on
renewal of Provider’s Web Hosting Services as specified in section 3(c).
13. Entire Understanding:
The agreement contained in this Contract constitutes the sole agreement
between Provider and Client regarding its Web Hosting and Design Service. It becomes effective when
the Client authorizes that the Client's domain name be directed to any server under the
direct control of CyBoards, Inc. and/or when the Client authorizes the commissioning of any
Custom Web Design and/or CGI programming. This agreement shall be governed and construed in accordance
with the laws of the State of New Jersey.
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