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WEBSITE HOSTING AGREEMENT Terms and Conditions
Updated 3/21/1999
Pacific Business Marketing (hereby called "The Service Provider") is an Internet Service Provider and
host of personal and business World Wide Web pages. Pacific Business Marketing maintains The Service Provider as a service to the Internet community. The goal of Pacific Business Marketing is to provide you with the
best service possible for an enjoyable Internet experience. These Terms and Conditions are designed to keep Pacific Business Marketing and the Internet enjoyable and useful for all of our suscribers. Pacific Business
Marketing is committed to and supports the free flow of information and ideas over the Internet. Pacific Business Marketing does not actively monitor nor does Pacific Business Marketing exercise editorial control over
the content of any web site, electronic mail transmission, mailing list, news group or other material created or accessible over Pacific Business Marketing services. However, Pacific Business Marketing reserves the
right to remove any materials Pacific Business Marketing does become aware of that are, in Pacific Business Marketing's sole discretion, potentially illegal, could subject Pacific Business Marketing to liability, or
violate this policy. The use of The Service Provider is subject to the following terms and conditions.
Pacific Business Marketing may amend this agreement on an as needed basis by placing an update of this
posting, and your continued use of The Service Provider following each updated posting shall be deemed to be your acceptance of any such modification. Furthermore, it is your responsibility to monitor the "Terms
and Conditions" page of The Service Provider regularly to determine whether the terms and conditions have been modified. If changes to terms and conditions or pricing have been made, these changes will take effect
on the date of Client's contract renewal. If you do not agree with the Terms and Conditions of The Service Provider or any modifications or changes to this Agreement, you must immediately stop using The Service
Provider.
The entire content of The Service Provider is Copyrighted, and all rights are reserved. You may save to disk or print out individual or selections of information contained within The Service Provider
for your own use, provided that you do not collect multiple small selections for the purpose of replicating or copying all or substantial portions of The Service Provider.
Terms of Contract
I. Financial Arrangements
1. Client agrees to the contract for the length specified, beginning upon Pacific Business Marketing's receipt by fax, e-mail, or express mail. Client agrees to pay Pacific Business
Marketing for services rendered pursuant to the payment schedule.
2. First payment shall be due upon receipt of contract.
3. This agreement will automatically renew for identical successive periods
unless canceled in writing or modified by client prior to the renewal date. Client will receive an invoice for charges and payment is due upon receipt of invoice.
4. Initial payment is due with contract.
Contract takes effect on the date of receipt of payment, and will be renewed automatically for identical successive periods. Any changes made to the Client's package (e.g. extra traffic charges, additional server space,
additional e-mail accounts) shall be billed accordingly.
5. All orders are subject to acceptance by Pacific Business Marketing. An order will be deemed accepted by Pacific Business Marketing when confirmation of
the order is sent to Customer. Pacific Business Marketing may refuse to accept any order, or delay acceptance awaiting completion of conditions Pacific Business Marketing may choose to exercise. Such refusal of such
conditions may not be unreasonable, however, and Pacific Business Marketing agrees to provide Customer with reasonable notice by Email or fax of any intent to delay or decline the acceptance of any order.
6.
Pacific Business Marketing reservers the right to suspend the customers account and services without notice should there be any problems with the customers method of payment. This includes expired credit cards, declined
credit cards, inactive credit cards, and invalid checks.
II. Taxes
Pacific Business Marketing shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client or Pacific Business Marketing's
server. Client agrees to take full responsibility for all taxes and fees of any nature associated with any such products sold.
III. Material and Products
1. Pacific Business Marketing will
exercise no control whatsoever over the content of the information passing through the network or on the Client's web sites. Pacific Business Marketing makes no warranties or guarantees of any kind, whether expressed or
implied for the service it is providing. Pacific Business Marketing 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 or gaps by any cause or errors or omissions of the Client. Pacific Business Marketing is not responsible for any loss,
erasure, or corruption of Client's data or files whatsoever. Use of any information obtained by way of Pacific Business Marketing is at the Client's own risk, and Pacific Business Marketing specifically denies any
responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of connection to Pacific Business Marketing and does not represent guarantees of available
end to end bandwidth. Pacific Business Marketing 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. Pacific
Business Marketing specifically denies any responsibilities for any damages arising from a consequence of such unavailability. In the event that this material is not "Server-ready", Pacific Business Marketing
may, at its option and at any time, reject this material, including but not limited to after it has been put on Pacific Business Marketing's Server. Pacific Business Marketing agrees to notify Client immediately of its
refusal of the material and afford Client the opportunity to amend or modify the material to satisfy the needs and/or requirements of Pacific Business Marketing. If the Client fails to modify the material, as directed
by Pacific Business Marketing, within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be terminated.
IV. Trademarks & Copyrights
Client warrants that it has the right to use the applicable trademarks, if any, and grants Pacific Business Marketing the right to use such trademarks in connection with Pacific Business Marketing's service.
V. Etiquette and Policy
1. The network resources of Pacific Business Marketing may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Pacific Business
Marketing. All messages via Pacific Business Marketing should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or postings. Users may not attempt to undermine the
security or integrity of computing systems or networks and must not attempt to gain unauthorized access to said networks. Clients may not use Pacific Business Marketing's server for mass e-mail or "spamming"
purposes.
2. Pacific Business Marketing may impose reasonable rules and regulations regarding the use of its services. Customer shall impose such rules and regulations on its customers to the extent necessary to
ensure compliance.
3. Pacific Business Marketing may discontinue servicing any Plan, or may require fulfillment of terms or conditions Pacific Business Marketing may choose to impose as a prerequisite for
continuing to service any such Plan. Such discontinuation or requirement may not be unreasonable, however, and Pacific Business Marketing agrees to provide Customer with reasonable notice by Email and fax of any such
intent to discontinue or impose certain conditions.
4. Pacific Business Marketing's services may not be used for illegal purposes, or in support of illegal activities. Pacific Business Marketing reserves the
right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong. Activities which are prohibited as potentially illegal include, but are not limited to:
- Unauthorized copying of copyrighted material including, but not limited to, digitization and distribution of photographs from magazines, books, or other copyrighted sources, and copyrighted software.
- Posting or e-mailing of scams such as 'make-money-fast' schemes or 'pyramid/chain' letters.
- Threatening bodily harm or property damage to individuals or groups.
- making fraudulent offers of products, items, or services originating from your account.
- Attempting to access the accounts of others, or attempting to penetrate beyond security measures of our or other systems (referred to as hacking) whether or not the intrusion results in corruption or loss of
data.
- Harassing others by 'mail-bombing'. 'Mail-bombing' constitutes sending more than ten (10) similar mail messages to the same e-mail address.
- Forging any message header,in part or whole, opf any electronic transmission, originating or passing through Pacific Business Marketing services.
- Distributing viruses to or from Pacific Business Marketing systems.
5. Bulk email sent through a mail service external to our system can not contain an email address or a domain name that is hosted by Pacific Business Marketing. This generally results in complaints being forwarded to
our administrative staff and will be cause for immediate account termination or suspension without prior notification.
VI. Charges for Space and Server Traffic Above and Beyond that which are Allocated in
Client's Hosting Plan
Client agrees that it will be charged and will remit payment for extra server traffic pursuant to the web site hosting package that Client has selected. Said charges will be prorated
and will appear on the following invoice. Charges for excess server traffic are posted in the hosting section of http://www.business-marketing.com. Client agrees that it will be charged and will remit payment for extra
server storage space and extra e-mail accounts pursuant to the web site hosting package that Client has selected. Said charges will be prorated and appear on the following invoice. Charges for extra server storage space
and extra e-mail accounts are posted in the hosting section of http://www.business-marketing.com.
VII. Termination
1. This Agreement may be terminated by Pacific Business Marketing, without
cause, by giving the other party 30 days notice via e-mail or fax. In such event, Pacific Business Marketing will be required to pay to the other party an amount equal to the unused and prorated portion of service
excluding any setup charges. Notwithstanding the above, Pacific Business Marketing may terminate the service under this Agreement at any time, without penalty, if the Client fails to comply with the terms of this
Agreement. It is the clients responsibility to point his/her domain to another service provider upon termination, cancellation or discontinuation of service.
2. Pacific Business Marketing offers a 30-Day money
back guarantee for its services. This guarantee excludes any setup fees or installation charges applied to Pacific Business Marketing's services.
VIII. Limited Liability
1. Client expressly
agrees that use of Pacific Business Marketing's Server is at Client's sole risk. Neither Pacific Business Marketing, its employees, agents, resellers, third party information providers, merchants licensers or the like,
warrant that Pacific Business Marketing's Server service will not be interrupted or be error free; nor do they make any warranty as to the results that might be obtained from the use of the Server service or as to the
accuracy, or reliability of any information service or merchandise contained in or provided through the Pacific Business Marketing Server service, unless otherwise expressly stated in this Agreement.
2. Under no
circumstances, including negligence, shall Pacific Business Marketing, its offices, agents or any one else involved in creating, or distributing Pacific Business Marketing'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 Pacific Business Marketing 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 Pacific Business
Marketing's records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on Pacific Business Marketing's Server service.
IX. Indemnification
Client
agrees that it shall defend, indemnify, save and hold Pacific Business Marketing harmless from any demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted
against Pacific Business Marketing, 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 Pacific Business Marketing against Liabilities arising out of (i) any injury to person or property caused by any products sold or
otherwise distributed in connection with Pacific Business Marketing's Server; (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 Pacific Business Marketing Server.
X. Partial Invalidity
If any provision of this agreement is held to be invalid by a court of
competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect. Pacific Business Marketing and Customer agree to renegotiate in good faith any term held invalid and to be bound
by mutually agreed substitute provision.
XI. Disputes
The parties shall try to resolve all disputes that might arise out of this agreement in a spirit of cooperation without formal procedures.
Any dispute which cannot be so resolved (other than the collection of money due on unpaid invoices) and other than the injunctive relief referred to in paragraph 10 shall be subject to arbitration upon written demand of
either party. Arbitration shall take place in Los Angeles, California or at a different location if the parties so agree. The arbitration will take place before an arbitration panel chosen as follows: The parties shall
each choose an arbitrator, and the two arbitrators shall choose a third arbitrator and determine the third arbitrator's pay. Each party shall have one veto over the choice of the third arbitrator. The three arbitrators
shall schedule an informal proceeding, hear the arguments, and decide the matter by secret majority vote. Unless the arbitrators decide otherwise, each party shall pay the costs of its own arbitrator, and shall pay half
of the other costs of the arbitration proceeding. Each party shall have the right to have the proceedings transcribed. The arbitrators will not have the authority to award punitive damages or any other form of relief
not contemplated in the contract. The majority of arbitrators shall render a written opinion setting forth the basis on which they arrived at the decision regarding each issue submitted to arbitration; the dissenting
arbitrator, if any, shall not issue a dissenting opinion. Regarding each issue submitted to arbitration, the decision will be final and binding only to the extent it is accompanied by a written explanation of the basis
upon which it was arrived at. Judgment upon the award, if any, rendered by the arbitrators may be entered in any court having jurisdiction.
Should any legal action permissible under this agreement be taken to
enforce the conditions and terms of this agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable legal fees and expenses incurred at the
trial and appellate levels.
XII. Confidentiality
Customer acknowledges that by reason of its relationship with Pacific Business Marketing, it may have access to certain products, information
and materials relating to Pacific Business Marketing's business, plans, customers, software technology, and marketing plans that are confidential and of substantial value to Pacific Business Marketing, which value would
be impaired if such information were disclosed to third parties. Customer agrees that it will not use in any way for its own account or for the account of any third party, nor disclose to any third party, any such
information revealed to it by Pacific Business Marketing. Customer further agrees that it will take every appropriate precaution to protect the confidentiality of such information. In the event of termination of this
agreement, there shall be no use or disclosure by the Customer of any such confidential information in its possession, and all confidential documents shall be returned to Pacific Business Marketing or destroyed. The
provisions of this section shall survive the termination of the agreement for any reason. Upon any breach or threatened breach of this section, Pacific Business Marketing shall be entitled to injunctive relief, which
relief will not be contested by Customer.
XIII. Notices
Except with respect to service of process as set forth in paragraph , all notices may be sent by email, fax, or express mail to the
email address, fax number, or address most recently provided and will be effective upon transmission. Evidence of successful transmission shall be retained. I have read and accepted the above terms and conditions
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