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Internet Servers - Terms and Conditions
1. Service.
The named Customer is engaging Cocoa Village Publishing,
hereafter referred to as the Company, as an independent contractor for the specific
purpose of providing a website presence, hereinafter referred to as "virtual
hosting service." The exhibit with description of virtual hosting service
is part of these terms and conditions.
2.Acceptable Use.
An acceptable use policy is part of these terms and conditions of hosting
any information associated with the domain name. The sending of abusive electronic mail and practices
is not acceptable nor under most governments. The exhibit with the description
of the acceptable use policy is posted on our website and the exhibit is part of these terms and conditions.
3. Mail Abuse
Protection. The Company reserves the right to use mail abuse protection
systems to protect our customers.
4.
Compliance with Laws. Customer agrees to abide by,
and comply with, all Federal, State and local laws. The Company is not
responsible for the content of the Customer’s information, and reserves the
right to terminate this contract if the Customer’s actions or information
content is questioned by Federal, State or local laws.
5. Electronic Commerce Laws.
The Customer agrees that the Customer is solely responsible for complying with
such laws, taxes and tariffs, and will hold harmless, protect, and defend the
Company and its subcontractors from any claim, suit, penalty, tax or tariff
arising from the Customer's exercise of Internet electronic commerce.
6. Contract term and renewal. The term of the
contract created by this proposal is by the payment period for the subscription
services. Prices are subject to change upon renewal
7. Payments.
The customer shall be responsible for returning payments in timely manner. The
company shall not be responsible to remind customer to make payment. As
repeated in the termination exhibit, the Company reserves the right to terminate
any account that is more than three weeks past due when that customer has not
contacted us to make payment arrangements.
8. Termination:
After the non subscription service fees (like authoring documents, setup, or
other labor specific to customer) are paid, the contract may be terminated for
convenience by either party, upon written notice. The contract may be
terminated by either party, upon written notice. After termination date any
service fees paid in advance by the Customer will be prorated and remitted to
the remitted to the Customer in a timely manner. If the services are terminated
by Customer prior to payment for partial or completed services performed before
receipt of written termination notice, the works created by the services are not
considered property of customer until the Company is reasonably reimbursed by
Customer. The exhibit with the description of
the termination policy is posted on our website and the exhibit is part of these
terms and conditions.
9. Legal Notice (no
warranties).
The Company does not warrant that the functions contained in the virtual hosting
service will be uninterrupted or error-free. The entire risk as to the quality
and performance of the virtual hosting service is with the Customer. In no event will
the Company be liable to the Customer or any third party for any damages, including, but not limited to service interruptions caused by Acts of God or any other circumstances beyond our control, any lost profits, lost savings or other incidental, consequential or
special damages arising out of the operation of or inability to operate this web design project, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, your or site visitor's computer or Internet software, even if
the Company has been advised of the possibility of such damages.
10. Severability.
If any provision of this agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this agreement is invalid or unenforceable, but
that by limiting such provision it would become valid and enforceable, then such provision shall be deemed written, construed, and enforced as so limited.
11. This Agreement.
This agreement constitutes the sole agreement between
the Company and the Customer regarding this virtual hosting service. Any additional work not specified in this contract must be authorized by a written request. All prices specified in this contract will be honored for 3 months
from date offered. Acknowledgement of agreement after that time will require a
review of current pricing and new agreement. This agreement supersedes any prior written or oral agreements between the parties.
12. Amendment.
This agreement may be modified or amended if the amendment is made
in writing and is signed by both parties.
13. Waiver of Contractual Right.
The failure of either party to enforce any provision of this agreement shall not be construed as a waiver of limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this agreement.
14. Governing Law.
This agreement shall be governed by and interpreted
and enforced in accordance with the laws of the Sate if Florida and the Federal
Laws of the United States of America applicable therein without reference to
rules governing choice of laws. Any action relating to this agreement must be
brought in Brevard County Florida and you irrevocably consent to the
jurisdiction of such courts.
15. Notices.
Any notice, direction or other communication given under this Agreement shall be in writing
and given by sending it via e-mail or via regular mail. In the case of e-mail, valid notice
shall only have been deemed to have been given when an electronic confirmation of delivery
has been obtained by the sender, in the case of notice to us to cvpub@cocoavillagepublishing.com or authorized representative,
in the case of notice to you, at the e-mail address provided by you in this
agreement, in your WHOIS record for the website domain name or as updated from time to time.
Mail shall be sent to Cocoa Village Publishing, P.O. Box 218, Cocoa, Florida 32923 and
to you at the mailing address provided in this agreement or as updated in writing.
Any e-mail communication shall be deemed to have been validly and effectively given
on the date of such communication, if such date is a business day and such delivery
was made prior to 4:00 p.m. Eastern Standard Time and otherwise on the next business day.
Any communication sent via regular mail shall be deemed to have been validly and
effectively given 5 business days after the date of mailing.
16. Acknowledgement.
By signing this agreement or placing and continuing to maintain or place
information on the Company's servers you are stating and acknowledging the terms
and conditions and that you understand such terms and conditions and agree to be
bound by them.
Virtual Hosting Service:
__________________________________
Company:
Cocoa Village Publishing
P.O. Box 218
Cocoa FL 32923
Authorized Representative and date:
__________________________________
Customer:
Authorized Representative and date:
__________________________________
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