| [FrontPage Include Component]
Welcome to our Web Hosting Order System Please read our Terms Of Service below and click the appropriate link. CM Contract for Data Storage and Transfer Information
About Your Billing of Services The following Agreement is by and between This agreement is effective as of Whereas, CM is an information provider connected to the Internet. CM offers storage and transfer services over the Internet through access to it's Internet Servers; Whereas, Client seeks to utilize CM services for its own purposes; Whereas, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, CM can make no guarantee that any given reader shall be able to access CM servers at any given time. CM represents that it shall make every good faith effort to ensure that its servers are 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: Financial Arrangements: 1. Client agrees to a monthly contract, beginning upon the receipt of this contract and payment. 2. First monthly hosting payment plus setup charges, if any, shall be due upon receipt of order. 3. This agreement will automatically renew for successive monthly periods, unless canceled in writing per the Termination clause. Renewal prices are subject to change. Renewal of services by Client indicated agreement to Agreement revisions. 4. Monthly service is billed to pre-arranged credit account only. 5. Fee for returned personal or company check is $25.00. Fee for payment declined by credit card bank is $25.00. Fee for late payment is $15.00. Any service disconnection or suspension shall require a $15.00 re-connect fee. 6.CM, Inc. reserves the right to decline any services to any customer for any reason. 7.CM, Inc. offers a 30 day money back guarantee if not completely satisfied (does not include setup fees or domain registration) and applies to all new orders. The 30 day money back guarantee only applies if actual bandwidth usage is less than 500 MB within that 30 day period. All refunds will be issued via check and delivered via regular mail delivery. 8. Additional bandwidth usage over the amount allotted in the hosting plan will be billed at the end of that month to the pre-arranged credit account. Billing of additional bandwidth usage is subject to all other terms of this agreement. Materials and Products: 1. Client will provide CM with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of CM. CM shall make no effort to validate this information for content, correctness or usability. 2. Use of CM 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 Client's Webspace by the Client. The following examples are offered: Web publishing: recommended a knowledge of HTML, properly
locating and linking documents, uploading Web contents, graphics, text, sound, etc. via
FTP. The Client agrees that he or she has the necessary knowledge to create and maintain their web-site. Client agrees that it is not the responsibility of CM to provide this knowledge or Customer Support outside matter specific to CM servers. 3. Services provided to the subscriber by the Corporation may only be used in accordance with all applicable laws, statutes, regulations and rules and solely for lawful purposes. Transmission, promulgation, theft, procurement of, communication, alteration, publication or storage of any information, protected material/property, data or material in violation of any National Law of any sovereign nation, or of International Law, the United States Code, or of any state or local law, statute, regulation or rule is strictly prohibited. This includes, but is not limited to any material, data, matter, software/software code, intellectual property, protected by copyright, trade mark, privacy or other proprietary, personal or property right, trade secret, or any other statute. It is unlawful and a violation of this Agreement to communicate, transmit, or promulgate in any matter, means or medium, material legally judged to be threatening, any threatening or harassing communication of any sort, or to otherwise use these services for any illegal or unlawful purposes. Online Conduct CM will not permit any Client using their services to do
any of the following: 1. The subscriber agrees to indemnify and hold harmless CM, its officers, shareholders, agents and employees and its other subscribers from any and all claims, costs, expenses, judgments, causes of actions, attorneys fees, litigation and court costs resulting from the subscriber's use of Hosting Services in any manner, whether directly, indirectly or by any act of commission or omission. 2.The subscriber is solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations pertaining (i) to the subscriber's use any Hosting Services, and (ii) the communications means by which the subscriber connects their terminal or PC to Hosting Services or any other service provided by the Corporation. 3.In the event the Corporation is required to engage the services of an attorney because of a breach by the subscriber of any of the terms herein contained, the subscriber agrees to pay all of the Corporation's reasonable attorneys fees and court costs. Upon breach of this Agreement, all of subscriber's rights and privileges shall be immediately terminated and upon any such termination for breach of the provisions of this Agreement, or the breach of any applicable law or statute governing the use of the services provided, all subscriber fees shall be forfeited as liquidated damages to the Corporation. 4.The subscriber agrees that the Corporation has the right to delete all data, files or other information that is stored in the subscriber's account if the subscriber's account is terminated, for any reason, by either the Corporation or the subscriber 5.The subscriber rights herein granted cannot be transferred, shared, sold, or used by anyone other than the subscriber Misconduct: In connection with CM services, Clients may not: Improperly use or abuse any CM property or equipment. Interfere with or make any unauthorized use of property or equipment of any other CM Client. Harass any individual, including CM personnel and representatives of CM clients. Engage in any activity that is in violation of the law or aid in criminal activity while in connection with CM services. Hardware, Equipment & Software: The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access CM. CM makes no representations, warranties or assurances that the Customer’s equipment will be compatible with the CM service. Age: The subscriber certifies that he or she is at least 18 years of age, and agrees to assume the responsibility of a parent or guardian for any minors who may have access to the subscriber's account provided by Hosting. Reasonable Use: The Client agrees to reasonable server CPU, memory, as well as bandwidth determined by CM. Reselling: 1.Client is allowed to resell the storage and transfer of services provided by CM. Client agrees to handle and is responsible for all third-party customer’s content, support, set-up and Terms seets, provided that client has at least one other non-resold acceptable type account with CM. Client agrees to having the necessary additional knowledge and skill level for reselling service provided. The Client’s clients shall not contact CM under any circumstances.: 2.This agreement is required to be signed only for the initial account at CM. It is automatically agreed to, or to any revisions of it, upon the renewal of CM services or any new account set-up for the Client. LIMITED WARRANTY. CM WARRANTS THAT, IF A SUBSCRIBER IS DISSATISFIED WITH THE SERVICE, CM WILL, UPON WRITTEN NOTIFICATION RECEIVED FROM THE SUBSCRIBER TO THE CORPORATION, REFUND THE SERVICE FEES FOR THE CURRENT MONTH OF THE DATE OF RECEIPT OF WRITTEN NOTICE AND ANY PREPAID FEES FOR FUTURE MONTHS. OTHER THAN THE FOREGOING, NO WARRANTY IS MADE BY CM REGARDING ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH, IN CONNECTION WITH, OR LOCATED ON THE COMPUTER SYSTEMS OF THE HOSTING SERVICES OF OTHER SERVICES PROVIDED BY CM, AND THEREFORE HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: (i) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF INFORMATION, PRODUCTS, OR SERVICES; AND (ii) ANY WARRANTIES EXPRESS OR IMPLIED OF MERCHANTABILITY OR FITNESS OF THIS SERVICE FOR A PARTICULAR PURPOSE. AS A RESULT, CLIENT AGREES THAT CM SHALL NOT BE LIABLE TO CLIENT OR ANY OF ITS CUSTOMERS FOR ANY CLAIMS OR DAMAGES WHICH MAY BE SUFFERED BY CLIENT OR ITS CUSTOMERS, INCLUDING, BUT NOT LIMITED TO, LOSSES OR DAMAGES OF ANY AND EVERY NATURE, RESULTING FROM THE LOSS OF DATA, OR INABILITY TO TRANSMIT OR RECEIVE INFORMATION, CAUSED BY, OR RESULTING FROM, DELAYS, NON-DELIVERIES, OR SERVICE INTERRUPTIONS WHETHER OR NOT CAUSED BY THE FAULT OR NEGLIGENCE OF CM. CLIENT HEREBY AGREES TO INDEMNITY AND HOLD HARMLESS CM FROM ANY AND ALL CLAIMS OF WHATEVER NATURE BROUGHT BY ANY OF CLIENT’S CUSTOMERS AGAINST CM. LIMITED LIABILITY. ANY LIABILITY OF THE CORPORATION INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, ELECTRICAL SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID BY OR ON BEHALF OF THE SUBSCRIBER TO THE CORPORATION FOR THE CURRENT MONTH. Upon acceptance of the subscriber's Account Application and upon payment as provided therein, the subscriber will be provided with the subscriber's personal access instructions and access to the Hosting services selected, which permissions shall remain valid and in force and effect during the term of this Agreement. This Contract represents the complete understanding between the parties as to the subject matter hereof, and supersedes all prior written or oral negotiations, representations, guaranties, warranties, promises, orders, statements or agreements between the parties or any statement or representation made or furnished by any other person representing or purporting to represent either party. These Terms and Conditions supersede all previous representations, understandings or agreements. If any part of this agreement is decided by a jury to be contrary to law, the rest of the agreement remains in full force and effect. Use of CM systems constitutes acceptance of these Terms and Conditions. for questions or coments regarding CM policies contact sales@belpasta-trattorina.com Netscape, Netscape Navigator, and the Netscape Logo are registered trademarks of Netscape Communications, Inc. Windows, Windows 95, Windows NT, and The Microsoft Internet Explorer are registered trademarks of Microsoft, Inc. [creative/_private/footer.htm] |