1. SERVICE
DESCRIPTION: As a World Wide Web service provider, A.A.D. provides Internet
web hosting, ecommerce, associated services, and access to a network of
dedicated server computers, routers, hubs, switches, other equipment and
software (collectively, the "Network") which is integrated with the Internet.
This Network sends and receives data and information in relationship to
the World Wide Web. Customer wishes to connect to the World Wide Web utilizing
the hardware and software resources of A.A.D. and/or it's Vendors, to establish
an Internet web presence using A.A.D.'s Network Access.
2. CONDITIONS:
The application and this Agreement constitute a legal and binding contract
between A.A.D. and the Customer and does not extend to any other person
or entity. Customer may resell to third parties but is responsible for
third party activities and content, and is bound by the terms under this
Agreement. Cancellations after the application is received and/or webspace
is set-up will still hold the Customer responsible for any and all costs
incurred by A.A.D. concerning the set-up of the web space, and/or services
already provided by A.A.D.. All cancellations shall be in writing and delivered
via postal mail or facsimile email to the sales department of A.A.D..
3. WARRANTIES:
With respect to the services to be provided herein, the Customer acknowledges
that A.A.D. and/or it's Vendors make absolutely no warranties whatsoever,
expressed or implied. As a result, the Customer agrees that A.A.D. and/or
it's Vendors shall not be liable to the Customer for any claims, damages
or loss of profit which may be suffered by the Customer or any other entity
in any respect for direct, indirect, consequential, actual, or punitive
damages arising out of or in relation to the services provided herein,
including, but not limited to, losses or damages resulting from the loss
of data as the result of delays, non-deliveries, or service interruptions.
4. INFORMATION:
The use of any data or information received by the Customer from the utilization
of the service to be provided by A.A.D. and/or it's Vendors is at the Customer's
sole and absolute risk. A.A.D. and/or it's Vendors specifically disclaim
and deny any responsibility for the completeness, accuracy or quality of
information obtained through the services to be provided hereby.
5. DOMAIN
NAME: If A.A.D. shall acquire an Internet Domain Name on behalf of the
Customer, then in such case the Customer hereby waives any and all claims
which it may have against A.A.D. and/or it's Vendors, for any loss, damage,
claim or expense arising out of or in relation to the registration of such
Domain Name in any on-line or off-line network directories, membership
lists, or registration lists, or the release of the Domain Name from such
directories or lists following the termination of the provided services,
by A.A.D. and/or it's Vendors, for any reason.
6. PAYMENT:
The set-up fee, Internic Fee and/or first payment are due at the time the
on-line application and Agreement are filled out, and electronically returned
to A.A.D.. Subsequent payments are due according to the selected fee schedule
following the establishment of the web space or service on the Internet.
Web space and services will be billed a minimum of one (1) month in advance
depending on the selected fee schedule. Subsequent payments are due on
the anniversary day of each month as per the selected fee schedule. In
the event that the Customer fails to pay for such services in advance,
A.A.D. shall be entitled to unilaterally terminate this Agreement and discontinue
the service until payment is made.
7. UNILATERAL
SERVICE REVOCATION: In the event that A.A.D. and/or it's Vendors may at
any time believe that the service is being utilized for unlawful purposes
by the Customer or in contravention with the terms and provisions herewith,
A.A.D. may immediately discontinue such service to the Customer without
liability. This will include failure to pay, adult content, use of programs
that A.A.D. and/or it's Vendors would consider a security risk to other
domains on said server, and/or unsolicited email including the advertisement
of sites hosted on our servers. All charges associated with handling Spam
complaints will be charged to the violating customer.
8. INDEMNIFICATION:
The Customer shall indemnify and hold harmless A.A.D. and/or it's Vendors
from any and all loss, cost, expense, and damage on account of any and
all manner of claims, demands, actions, suits, proceedings, judgments,
costs and expenses that may be initiated against A.A.D., A.A.D.'s officers,
directors, employees, and/or it's Vendors for any service provided to Customer
by A.A.D. and/or it's Vendors to include web space content that violates
any copyright, proprietary right of any person, state and federal regulations,
or contains any matter that is libelous or scandalous.
9. CHANGES
IN TERMS OF AGREEMENT: A.A.D. reserves the right to make changes to the
terms and conditions of this Agreement at any time, and to the on-line
application to include service pricing, advising of the change and the
effective date thereof, but with changes in service fees being effective
only at the end of any period for which the Customer has prepaid. Utilization
of the service by the Customer following the effective date of such change
shall constitute acceptance by the Customer of such change(s).
10. ENTIRE
AGREEMENT AND UNDERSTANDING: This instrument and the application for web
space and services constitute the entire agreement between the parties,
and represents the complete and entire understanding of the parties with
respect to the subject matter of this Agreement.
11. RELATIONSHIP:
The parties hereto are independent entities and nothing contained in this
Agreement shall be construed to constitute Customer an agent, employee,
partner, independent contractor, joint venturer, or any other similar entity.
12. GOVERNING
LAW: This Agreement shall be governed by the laws of the State of Massachusetts
in the United States of America. Each party agrees that jurisdiction and
venue for any and all claims, disputes or other matters arising out of
the services provided herein and under this Agreement will only lie in
Middlesex County, Massachusetts. If any action at law or in equity is brought
to enforce or interpret the provisions of this Agreement and services provided
herein, and the prevailing party in such action is A.A.D., A.A.D. shall
be entitled to recover all reasonable costs to include, but not limited
to attorney fees.
13. SEVER
ABILITY: In the event that any term or provision of this Agreement is held
by a court of competent jurisdiction to be illegal, unenforceable or invalid
in whole or in part for any reason, the remaining provisions of this Agreement
shall remain in full force and effect.
14. CONFIDENTIALITY:
Customer acknowledges that any information not generally known by or disclosed
to the public to include but not limited to computer programs, source code,
algorithms and inventions are the property of A.A.D. and/or it's Vendors,
and may not be utilized or released without the express written permission
of A.A.D..
15. INTERPRETATION:
The format, words and phrases used herein shall have the meaning generally
understood in the Telecommunicatons/Software/Internet Industries. This
Agreement shall be construed in accordance with its fair meaning and not
against the drafting party.
IN WITNESS WHEREOF, the
parties hereto, intending to be legally bound hereby, and in consideration
of the covenants and agreements contained herein, do hereby execute this
instrument, with each party warranting their ability to enter into this
Agreement for the person or entity herein named as a party hereto. By filling
out the on-line application directly, placing an order telephonically,
and/or clicking on "I Accept" below, Customer agrees to all the terms and
conditions of this Agreement.
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