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- The undersigned Web Hosting Cutomer agrees
to abide by the following provisions of this service contract and
may have to agree to additional provisions from Cherry Media. covering
this and/or any future services added to this agreement.
1. The Web Hosting account and/or related electronic services can
only be used for legal purposes under all international, federal,
provincial, and municipal laws. Violations of this or any other provision
of this agreement can result in a 30 day notice to terminate service
or an immediate termination of service depending upon the severity
of the violation. Cherry Media reserves the right to refuse service
if the content of information provided is deemed illegal, misleading,
or obscene, in the opinion of Cherry Media. Web Hosting Cutomer agrees
not to store, transmit, link to, advertise or make available any images
containing nudity or semi-nudity. Cherry Media will make the final
decision in any dispute over unacceptable context, and Web Hosting
Cutomer agrees to accept Cherry Media decision.
2. Cherry Media reserves the right to increase prices at any time.
If this service is paid quarterly it may be subject to future price
increases. The Web Hosting Cutomer agrees to follow generally accepted
rules of "Netiquette" when sending e-mail messages or posting
to newsgroups. Web Hosting Cutomer is responsible for security of
their password. Cherry Media will not change passwords to any account
with out proof of identification which is satisfactory to Cherry Media,
which may include written authorization with signature. In the event
of any partnership break-up, divorce or other legal problems that
includes Web Hosting Cutomer, Web Hosting Cutomer understands that
Cherry Media will remain neutral and may put the account on hold until
the situation has been resolved. Under no circumstances will Cherry
Media. be liable for any losses incurred by Web Hosting Cutomer during
this time of determination of ownership, or otherwise.
3. The Web Hosting Cutomer agrees not to harm Cherry Media and its
vendors, its reputation, computer systems, programming and/or other
Web Hosting Cutomers using Cherry Media. Cherry Media and authorized
vendors reserve the right to select the computer for Account Holdes
web-site for best performance. If Web Hosting Cutomer breaches this
agreement, then Cherrry Media has the right to terminate service without
any refunds of the unused portion prepaid by Web Hosting Cutomer.
The Web Hosting Cutomer agrees to indemnify and hold harmless both
Cherry Media and any other Web Hosting Cutomer from any and all claims
and/or costs resulting from the Web Hosting Cutomers use or abuse
of their service in any manner.
4. Web Hosting Cutomer understands this service is provided on a shared
server. This means that one web-site can not overwhelm the sever with
heavy CPU usage from highly active CGI scripts or chat scripts. If
your web-site overwhelms the server and causes complaints from the
other users, you have outgrown the realm of shared servers, and will
need to relocate your web-site. Cherry Media will refund any unused
portion of prepaid services. If at any time, Web Hosting Cutomer breaches
any part of this contract and Cherry Media must engage in the services
of an attorney, then Web Hosting Cutomer will pay any and all of Cherry
Media and its vendors reasonable attorney fees and court costs. The
Web Hosting Cutomer's rights and privileges cannot be sold or transferred
without written consent from Cherry Media.
5. This contract represents the complete understanding between the
parties. If Web Hosting Cutomer sells or resells advertising or webspace
to a third party then Web Hosting Cutomer will be responsible for
the contents of that advertising and the actions of that third party.
Cherry Media and its vendors have the right to reject any illegal
or offensive content. The e-mail distribution by the Web Hosting Cutomer
of "SPAM" , "JUNK MAIL", or "UNSOLICITED
COMMERCIAL E-MAIL", is expressly prohibited. If Web Hosting Cutomer
refuses to remove any content found objectionable by Cherry Media,
Cherry Media may terminate service.
6. Cherry Media will use its best efforts to maintain a full time
Internet presence for Web Hosting Cutomer. The network may be down
due, but not restricted to, utility interruption, equipment failure,
natural disaster, acts of God, or human error. Web Hosting Cutomer
agrees that these events may or may not occur and Web Hosting Cutomer
will hold Cherry Media, its vendors, employees, owners, contractors,
free and harmless from any damages incurred in any event of any type
of loss resulting from any reason whatsoever. Cherry Media total liability
under all circumstances will never exceed the amount paid by Web Hosting
Cutomer for duration of this agreement. If Web Hosting Cutomer selects
the option for 12 months prepaid service then any amounts prepaid
cannot be refunded by Cherry Media in the event Web Hosting Cutomer
stops using this service.
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