The following agreement is between Connectweb.net (ConnectWeb Technologies, Inc.) of 20 Webster Street, 5th Floor, Peabody, MA 01960 and You ("client")
WHEREAS, Connectweb.net (ConnectWeb Technologies, Inc.) is an information provider connected to the Internet. Connectweb.net (ConnectWeb Technologies, Inc.) offers storage and transfer services over the Internet through access to its Web Server(s);
WHEREAS, Client seeks to utilize Connectweb.net (ConnectWeb Technologies, Inc.)'s Server(s) for its own purposes;
WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, Connectweb.net (ConnectWeb Technologies, Inc.) can make no guarantee that any given reader shall be able to access Connectweb.net (ConnectWeb Technologies, Inc.)'s server at any given time. Connectweb.net (ConnectWeb Technologies, Inc.) 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;
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;
I. Financial Arrangements:
1. Client agrees to a minimum three (3) month contract, beginning upon Connectweb.net (ConnectWeb Technologies, Inc.)'s receipt of payment for the first three (3) months of service.
2. First three (3) months payment plus setup charges, if any, shall be due in advance of service.
3. This agreement will automatically renew for successive three (3) month periods unless canceled in writing 10 days prior to the quarterly renewal date. Written notice may be by postal, the Connectweb.net (ConnectWeb Technologies, Inc.) form or fax transmission. Renewal prices are subject to change. Renewal of services by Client indicates agreement to any Contract revisions.
4. Renewal fees for the following term will be automatically charged to the credit card on file for your account unless other arrangements have been made. Payments may also be made by check. Returned checks are subject to a 25.00 returned check fee.
5. Accounts that have unpaid invoices more than 30 days past the renewal date will be suspended without notice until the account is brought current. Connectweb.net (ConnectWeb Technologies, Inc.) reserves the right to terminate the account and delete the files. Connectweb.net (ConnectWeb Technologies, Inc.) reserves the right to apply a 15.00 reconnection fee to all suspended accounts. Suspension does NOT release client of the responsibility for payment of the account and monies due.
II. Taxes:
Connectweb.net (ConnectWeb Technologies, 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 Connectweb.net (ConnectWeb Technologies, Inc.)'s server. Client agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.
III. Material and Products:
Connectweb.net (ConnectWeb Technologies, Inc.) will exercise no control whatsoever over the content of the information passing through the network except for what is noted in section X of this agreement. Connectweb.net (ConnectWeb Technologies, Inc.) will not host any material that is judged as pornographic in content. Please contact Connectweb.net (ConnectWeb Technologies, Inc.) if uncertain of the nature of your content. Connectweb.net (ConnectWeb Technologies, Inc.) also reserves the right to terminate any hosted account which links directly or indirectly to any pornographic sites or materials. Connectweb.net (ConnectWeb Technologies, Inc.) makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Connectweb.net (ConnectWeb Technologies, Inc.) also disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Client. Use of any information obtained by way of Connectweb.net (ConnectWeb Technologies, Inc.) is at the Client's own risk, and Connectweb.net (ConnectWeb Technologies, Inc.) 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. Connectweb.net (ConnectWeb Technologies, Inc.) expressly limits its damages to the Client for any non-accessibility time or other down time to the pro- rata monthly charge during the system unavailability. Connectweb.net (ConnectWeb Technologies, Inc.) specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
IV. Trademarks & Copyrights:
Client warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service. Software used to host special web sites, such as e-commerce systems provided by Connectweb, remain the property of Connectweb and/or the 3rd party software developer and may not be moved to the servers or systems of other web hosting providers or developers.
V. Age:
The Customer certifies that he or she is at least 18 years of age.
VI. 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 Connectweb.net (ConnectWeb Technologies, Inc.) may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Connectweb.net (ConnectWeb Technologies, Inc.). All messages transmitted via Connectweb.net (ConnectWeb Technologies, Inc.) 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.
Connectweb.net (ConnectWeb Technologies, Inc.) does not permit the transmission of unsolicited e-mail. Complaints or allegations regarding the abuse of e-mail will be investigated. If it is found that the client has engaged in the intentional transmission of unsolicited e-mail, a warning to cease and desist will be issued. Subsequent violations will result in suspension and/or termination of the account.
Connectweb.net (ConnectWeb Technologies, Inc.) does not permit :
1) The transmission of unsolicited bulk e-mail ("UBE") or unsolicited commercial e-mail ("UCE") (collectively known as spam) nor do we permit the use, sale, or development of software that intentionally hides or alters the origin of the sender.
2) Maintaining an open SMTP Relay
3) Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed primarily to assist or facilitate in the transmission of UBE/UCE including:
- the facilitation of the sending of spam
- the sale, offer to sell, advertisement or distribution of spamware and
- the initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software
4) the sale of bulk e-mailing lists containing unauthorized and/or unconfirmed e-mail addresses and
5) the sale of other spam-friendly material
For purposes of this agreement, "spamware" means and includeds software, hardware, databses, lists, or services primarily designed or marketed to facilitate the sending of spam. Spamware may attempt to hide the sender, falsify e-mail header (origin) information, or disguise URL's to obstruct identification of web sites advertised by spam. Spamware may also include technology or other services designed to circumvent spam filters.
ALL software and files uploaded must follow the standard internet guidelines for fitness of use. Such software items that result in denial of service are not fit for use. An example of a denial of service software would be eggdrop and is not acceptable. Connectweb.net (ConnectWeb Technologies, Inc.) reserves the right to delete those files.
VII. Privacy:
Connectweb.net (ConnectWeb Technologies, Inc.) will make every effort to protect the privacy of Connectweb.net (ConnectWeb Technologies, Inc.)'s clients. Connectweb.net (ConnectWeb Technologies, Inc.) will not reveal personal information regarding its clients. Connectweb.net (ConnectWeb Technologies, Inc.) cannot however protect privacy through the Internic registration database as this information is open to the public.
VIII. Termination:
This Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice. Written notice may be by postal, Connectweb.net (ConnectWeb Technologies, Inc.) form or fax transmission. Connectweb.net (ConnectWeb Technologies, Inc.) reserves the right to verify all cancellations before terminating service. Notwithstanding the above, Connectweb.net (ConnectWeb Technologies, Inc.) may terminate service under this Agreement at any time, without penalty, if the Client fails to comply with the terms of this Agreement.
IX. Limited Liability:
1. Client expressly agrees that use of Connectweb.net (ConnectWeb Technologies, Inc.)'s Server(s) is at Client's sole risk. Neither Connectweb.net (ConnectWeb Technologies, Inc.), its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Connectweb.net (ConnectWeb Technologies, Inc.)'s Server(s) 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 Connectweb.net (ConnectWeb Technologies, Inc.) Server service, unless otherwise expressly stated in this Agreement.
2. Under no circumstances, including negligence, shall Connectweb.net (ConnectWeb Technologies, Inc.), its offices, agents or any one else involved in creating, producing or distributing Connectweb.net (ConnectWeb Technologies, Inc.)'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 Connectweb.net (ConnectWeb Technologies, Inc.) 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 Connectweb.net (ConnectWeb Technologies, Inc.)'s records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on Connectweb.net (ConnectWeb Technologies, Inc.)'s Server service.
3. 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.
X. Lawful Purpose:
Client may only use Connectweb.net (ConnectWeb Technologies, Inc.)'s Server(s) for lawful purpose. Transmission 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.
XI. Indemnification:
Client agrees that it shall defend, indemnify, save and hold Connectweb.net (ConnectWeb Technologies, Inc.) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against Connectweb.net (ConnectWeb Technologies, Inc.), 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 Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Connectweb.net (ConnectWeb Technologies, Inc.) against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with Connectweb.net (ConnectWeb Technologies, Inc.)'s Server(s); (ii) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold on Connectweb.net (ConnectWeb Technologies, Inc.) Server(s).
XII. Contract Revisions:
Revisions to this Contract will be applicable to previous Contracts. Revisions will be considered agreed to by the Client on renewal of Connectweb.net (ConnectWeb Technologies, Inc.) services as specified in Section I. Financial Arrangements.
XIII. Value Added Reselling:
Clients approved and authorized as Connectweb.net (ConnectWeb Technologies, Inc.) resellers are allowed to resell the storage and transfer services provided by Connectweb.net (ConnectWeb Technologies, Inc.) as provided for in its standard product offering. Client agrees to handle and is responsible for all third-party client's content, support, set-up, maintenance and billing. Client agrees to having the necessary additional knowledge and skill level required. Client also agrees that they are responsible for all payments for accounts brought on by client under the reseller program.
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 Commonwealth of Massachusetts and of the Internet.
REV 1.2.2 08/29/2001