MEMBERSHIP WEB DESIGN WEB HOSTING ADVERTISING REGISTRATION INTERNET ACCESS
VIRTUAL HOSTING AGREEMENT
CAROLINAS NETWORK COMPANY D/B/A CAROLINAS.NET VIRTUAL HOSTING AGREEMENT
Carolinas Network Company d/b/a Carolinas.net and (you, your company ) agree to the following:
1.0 Payment Terms. You agree to the following payment terms in consideration for the services provided:
1. 1 Service Fee. You will pay us a monthly Service Fee for the services we provide under this Agreement according to our current Web Site Hosting Price Schedule, which is available on our home page or upon request. The Service Fee is billed to you at the beginning of each month and is due on the 10th day of the month in which the Service Fee is billed. If you first begin using our services after the first of the month, we will prorate your first month’s Service Fee. The Service Fee is subject to adjustment, with notice, according to the current Web Site Hosting Price Schedule. 1.2 Cancellation. In the event you cancel your service, you will be charged in full for the entire month in which you canceled your service. In the event you have elected to prepay subsequent, additional months’ Service Fees, we retain the right to charge you an administrative fee and deduct the administrative fee from the subsequent, future months’ Service Fees before refunding them to you. 1.3 Breach. In the event we terminate this Agreement because of a breach, you will be charged in full for the entire month in which the breach occurred. In the event you have elected to prepay subsequent, additional months’ Service Fees, we retain the right to charge an administrative fee and deduct the administrative fee from the subsequent, future months’ Service Fees before refunding them to you 1.4 Tax. These fees are exclusive of any and all federal, state, and local sales, use, value added, excise, duty and any other taxes assessed with respect to the services provided under this Agreement, except that your income taxes and any sales or similar taxes on the sale of the your products and services to end users shall be the sole responsibility of you and your company.
1. 1 Service Fee. You will pay us a monthly Service Fee for the services we provide under this Agreement according to our current Web Site Hosting Price Schedule, which is available on our home page or upon request. The Service Fee is billed to you at the beginning of each month and is due on the 10th day of the month in which the Service Fee is billed. If you first begin using our services after the first of the month, we will prorate your first month’s Service Fee. The Service Fee is subject to adjustment, with notice, according to the current Web Site Hosting Price Schedule.
1.2 Cancellation. In the event you cancel your service, you will be charged in full for the entire month in which you canceled your service. In the event you have elected to prepay subsequent, additional months’ Service Fees, we retain the right to charge you an administrative fee and deduct the administrative fee from the subsequent, future months’ Service Fees before refunding them to you.
1.3 Breach. In the event we terminate this Agreement because of a breach, you will be charged in full for the entire month in which the breach occurred. In the event you have elected to prepay subsequent, additional months’ Service Fees, we retain the right to charge an administrative fee and deduct the administrative fee from the subsequent, future months’ Service Fees before refunding them to you
1.4 Tax. These fees are exclusive of any and all federal, state, and local sales, use, value added, excise, duty and any other taxes assessed with respect to the services provided under this Agreement, except that your income taxes and any sales or similar taxes on the sale of the your products and services to end users shall be the sole responsibility of you and your company.
2.0 Representations and Warranties. Our obligations under this Agreement are conditioned upon the following representations and warranties:
2.1 Compliance with Law. You represent and warrant that you will comply with all applicable state and federal laws in your performance of this Agreement and in the use and operation of the Virtual Hosting Space, including laws governing technology, software and trade secrets. 2.2 Authority to Contract. You represent and warrant that you have full authority and right to enter into this Agreement and that there are no conflicting claims relating to the rights granted by this Agreement. 2.3 Non-Infringement. You represent and warrant that your performance of this Agreement and providing the Web Service, including the software or data files, shall not infringe the intellectual property or other proprietary rights of any third party. 2.4 Our Performance. We represent and warrant that our services shall be performed in a professional and workmanlike manner. 2.5 Disclaimer of Warranties. EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED ABOVE, WE MAKE NO WARRANTY RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT, AND ALL SERVICES ARE PROVIDED ON AN "AS-IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE, OR OF NON-INFRINGEMENT OF COPYRIGHT.
2.1 Compliance with Law. You represent and warrant that you will comply with all applicable state and federal laws in your performance of this Agreement and in the use and operation of the Virtual Hosting Space, including laws governing technology, software and trade secrets.
2.2 Authority to Contract. You represent and warrant that you have full authority and right to enter into this Agreement and that there are no conflicting claims relating to the rights granted by this Agreement.
2.3 Non-Infringement. You represent and warrant that your performance of this Agreement and providing the Web Service, including the software or data files, shall not infringe the intellectual property or other proprietary rights of any third party.
2.4 Our Performance. We represent and warrant that our services shall be performed in a professional and workmanlike manner.
2.5 Disclaimer of Warranties. EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED ABOVE, WE MAKE NO WARRANTY RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT, AND ALL SERVICES ARE PROVIDED ON AN "AS-IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE, OR OF NON-INFRINGEMENT OF COPYRIGHT.
3.0 You expressly agree that use of our Virtual Hosting Space is at your own risk. Neither we, our employees, affiliates, agents, third-party information providers, merchants, licensors or the like, warranty that our service will not be interrupted or error free; nor do we make any warranty as to the results that may be obtained from the use of our service or as to the accuracy, reliability or content of any information serviced or merchandise contained in or provided through our service, unless otherwise expressly stated in this Agreement.
3.1 Under no circumstances, including negligence, will we, our officers, agents or anyone else involved in creating, producing or distributing our service be liable (‘or any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use our service. We will further not be liable for results from mistakes, omissions, interruptions, deletions of files, errors, defects, delays and operation, or transmission or failure of performance whether or not limited to acts of nature, communication failure, theft, destruction or unauthorized access to our records, programs or services. You acknowledge that this paragraph shall apply to all content on our Server. 3.2 Your exclusive remedy for all damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) will not (a) exceed the actual dollar amount which you paid during the 12-month period prior to thc date the cause of action arose, or (b) include any incidental, consequential, extemporary or punitive damages of any kind, including without limitation, loss of data, file, profit, good will, time, savings or revenue.
3.1 Under no circumstances, including negligence, will we, our officers, agents or anyone else involved in creating, producing or distributing our service be liable (‘or any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use our service. We will further not be liable for results from mistakes, omissions, interruptions, deletions of files, errors, defects, delays and operation, or transmission or failure of performance whether or not limited to acts of nature, communication failure, theft, destruction or unauthorized access to our records, programs or services. You acknowledge that this paragraph shall apply to all content on our Server.
3.2 Your exclusive remedy for all damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) will not (a) exceed the actual dollar amount which you paid during the 12-month period prior to thc date the cause of action arose, or (b) include any incidental, consequential, extemporary or punitive damages of any kind, including without limitation, loss of data, file, profit, good will, time, savings or revenue.
4.0 Term and Termination. The following describes thc effective date, duration and methods of termination:
4. 1 Effective Date. The Effective Date of this Agreement is the last date appearing below. 4.2 Duration. This Agreement will commence on the Effective Date and continue on a month-to-month basis. 4.3 Breach or Default. The following constitute a breach or default of this Agreement: a. your failure to pay the current month’s Service Fee by the tenth day of the following month, b. your violation of Sections 2.1, 2.2 or 2.3. c. your violation of Section 6.0 d. your violation of 7.2, or
4. 1 Effective Date. The Effective Date of this Agreement is the last date appearing below.
4.2 Duration. This Agreement will commence on the Effective Date and continue on a month-to-month basis.
4.3 Breach or Default. The following constitute a breach or default of this Agreement:
a. your failure to pay the current month’s Service Fee by the tenth day of the following month, b. your violation of Sections 2.1, 2.2 or 2.3. c. your violation of Section 6.0 d. your violation of 7.2, or
a. your failure to pay the current month’s Service Fee by the tenth day of the following month,
b. your violation of Sections 2.1, 2.2 or 2.3.
c. your violation of Section 6.0
d. your violation of 7.2, or
5.0 Ownership Rights. We acknowledge that all right, title and interest in the Customer Data shall be solely owned by the Customer. We own or have licensed all server software. In the event that we elect, at our option, to provide custom software to you, this software will be licensed to you for use only on a Carolinas Network Company Virtual Server on a non-exclusive, royalty-free, fully paid basis according to the terms of this Agreement.
6.0 Activities Subject to Immediate Deactivation. Any Virtual Hosting Space that is used for Bulk Mailing, Bulk Mail references to Carolinas.net, spamming of news groups using references to Carolinas.net, Illegal, Abusive or Unethical Activity may be immediately deactivated by us without warning to you. Illegal, Abusive or Unethical Activities include, but are not limited to, pornography, obscenity, nudity, violations of privacy, hacking, computer virus, gambling, or promotion of gambling, and any harassing or harmful materials or uses, as determined by us. You agree to indemnify and hold us harmless from any claim resulting from your publications or use of Illegal, Abusive or Unethical materials. Although we will make reasonable efforts to alert you to such activities and allow you an opportunity to cure them within a 12-hour period (with the exception of Bulk Mail references to Carolinas.net after discovery, we are not required to give notice before deactivating your use of our services if, in our discretion, your use is or results in Illegal, Abusive or Unethical activities. If a Virtual Hosting Space is disabled, the regular monthly fees still apply.
7.0 Miscellaneous.
7.1 Public Nature of Internet. Please understand that all information submitted on the Virtual Server shall be considered publicly accessible. Important and private information should be protected by you. For example, we are not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider that you may use, 7.2 Unsolicited Electronic Mail. You are expressly prohibited from sending unsolicited bulk mail messages ("junk mail" or "Spam"). This includes, but is not limited to, bulk-mailing of commercial advertising, information announcements, and political tracts. Such material may only be sent to those who have specifically requested it. Malicious or threatening email is also prohibited. AT THIS DATE AND TIME WE CANNOT AND WILL NOT TOLERATE ANY UNSOLICITED BULK MAIL MESSAGES WITH REFERENCES TO CAROLINAS.NET OR OUR IP ADDRESS, ONE COMPLAINT AND YOUR SYSTEM WILL BE DE-ACTIVATED IMMEDIATELY WITHOUT REFUNDS. YOU WILL BE RESPONSIBLE FOR THE ACTIONS OF YOUR USERS OR MEMBERS. Further, you agree to indemnify and hold us harmless from any claim resulting from your use or distribution of electronic mail services through the service provided through this Agreement. 7.3 Governing Law and Attorneys’ Fees. This Agreement will be interpreted and applied in accordance with the laws of the state of North Carolina, without regard to the conflicts of law provisions. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees, whether or not a suit is actually filed. 7.4 Transfer. You may not transfer or assign this Agreement without the written consent of Carolinas Network Company.
7.1 Public Nature of Internet. Please understand that all information submitted on the Virtual Server shall be considered publicly accessible. Important and private information should be protected by you. For example, we are not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider that you may use,
7.2 Unsolicited Electronic Mail. You are expressly prohibited from sending unsolicited bulk mail messages ("junk mail" or "Spam"). This includes, but is not limited to, bulk-mailing of commercial advertising, information announcements, and political tracts. Such material may only be sent to those who have specifically requested it. Malicious or threatening email is also prohibited. AT THIS DATE AND TIME WE CANNOT AND WILL NOT TOLERATE ANY UNSOLICITED BULK MAIL MESSAGES WITH REFERENCES TO CAROLINAS.NET OR OUR IP ADDRESS, ONE COMPLAINT AND YOUR SYSTEM WILL BE DE-ACTIVATED IMMEDIATELY WITHOUT REFUNDS. YOU WILL BE RESPONSIBLE FOR THE ACTIONS OF YOUR USERS OR MEMBERS.
Further, you agree to indemnify and hold us harmless from any claim resulting from your use or distribution of electronic mail services through the service provided through this Agreement.
7.3 Governing Law and Attorneys’ Fees. This Agreement will be interpreted and applied in accordance with the laws of the state of North Carolina, without regard to the conflicts of law provisions. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees, whether or not a suit is actually filed.
7.4 Transfer. You may not transfer or assign this Agreement without the written consent of Carolinas Network Company.
If you agree to the terms and conditions hereof please check below, or in order for Carolinas Network Company d/b/a Carolinas.net to host a site or system the Acknowledgement of Receipt and Execution Agreement must be signed and faxed or mailed to:
Carolinas Network Company P.O. Box 6001 Charlotte, North Carolina 28207. Telephone (704) 672-1600 Fax (704) 672-1629.
Carolinas Network Company P.O. Box 6001 Charlotte, North Carolina 28207.
Telephone (704) 672-1600 Fax (704) 672-1629.
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