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THIS AGREEMENT is made and entered between Precision Web
Hosting, Inc., hereinafter referred to as Precision Web Hosting, Inc. and
and the Customer, who wishes to use the services of Precision Web
Hosting, Inc. in accordance with Precision Web Hosting, Inc.'s
standard application.
NOW, THEREFORE, in consideration of the foregoing premises and the
mutual covenants hereinafter set forth, the parties hereto agree as
follows:
1. SERVICE DESCRIPTION: As a World Wide Web service provider,
Precision Web Hosting, Inc. provides dedicated server computers
which are integrated into the Internet. These server computers shall
send and receive information in relationship to the World Wide Web.
Customer wishes to connect to the World Wide Web utilizing the hardware
and software resources of Precision Web Hosting, Inc. to establish
an Internet web presence on one of Precision Web Hosting, Inc.'s
server computers.
2. CONDITIONS: The application and this Agreement constitute a
binding contract between Precision Web Hosting, Inc. and the
Customer and does not extend to any other person or entity. Customer may
resell to third parties but is responsible for third party activities
and content, and is bound by the terms under this Agreement.
Cancellations within the 30 day money back period will receive 100% of
all monies paid. (Please note: if we are registering a new domain for
you, monies for domain registration are not refundable.) Cancellations
after that time period will receive a prorated refund.
3. WARRANTIES: With respect to the service to be provided herein, the
Customer acknowledges that Precision Web Hosting, Inc. makes
absolutely no warranties whatsoever, express or implied. As a result,
the Customer agrees that Precision Web Hosting, Inc. shall not be
liable to the Customer for any claims or damages which may be suffered
by the Customer, including, but not limited to, losses or damages
resulting from the loss of data as the result of delays, non-deliveries,
or service interruptions.
4. INFORMATION: The utilization of any data or information received
by the Customer from the utilization of the service to be provided by
Precision Web Hosting, Inc. is at the Customer's sole and absolute
risk. Precision Web Hosting, Inc. specifically disclaims and denies
any responsibility for the completeness, accuracy or quality of
information obtained through the services to be provided hereby.
5. DOMAIN NAME: If Precision Web Hosting, Inc. shall acquire an
Internet Domain Name on behalf of the Customer, then in such case the
Customer hereby waives any and all claims which it may have against
Precision Web Hosting, Inc., for any loss, damage, claim or expense
arising out of or in relation to the registration of such Domain Name in
any on-line or off-line network directories, membership lists or
registration lists, or the release of the Domain Name from such
directories or lists following the termination of the providing of this
service by Precision Web Hosting, Inc. for any reason.
6. PAYMENT: The first payment is due at the time the application is
filled out, and returned to Precision Web Hosting, Inc.. Subsequent
payments are automatically billed until cancellation is received. The payments are due
at the beginning of the each new hosting period until cancellation is received.
Payments not
made by the required date are subject to a $7.50 late fee. For customers
paying by credit card, your card will continue to be automatically
charged in accordance with the billing schedule chosen, until that time
a cancellation request is received. All cancellations must be submitted
using our online cancellation form. For customers paying by check,
invoices are normally emailed out 25 days in advance of the due date. In
the event that the Customer fails to pay for such services in advance,
Precision Web Hosting, Inc. shall be entitled to unilaterally
terminate this Agreement and discontinue the service until payment is
made.
7. UNILATERAL SERVICE REVOCATION: Customer is solely responsible to
maintain, supervise, and monitor the content of Customer's website;
provided, however, if in the event that Precision Web Hosting, Inc. may
at any time believe that the service is being
utilized for unlawful purposes or purposes detrimental to the Precision
Web Hosting network, by the Customer or in contravention with the terms
and provisions herewith, Precision Web Hosting, Inc. may
immediately discontinue such service to the Customer without liability.
This will include adult content, links to adult content and/or
unsolicited email or newsgroup postings (spam). (We do not host lingerie
sites.)
8. INDEMNIFICATION: The Customer shall indemnify and hold harmless
Precision Web Hosting, Inc. from any and all loss, cost, expense, legal fees,
and damages on account of any and all manner of claims, demands,
actions, and proceedings that may be initiated against Precision Web
Hosting, Inc. on the grounds that the web space content violates
any copyright, proprietary right of any person, state and federal
regulations, or contains any matter that is libelous or scandalous.
9. ATTORNEY FEES: In the event of any binding arbitration or litigation
between the parties hereto to enforce any provision or right hereunder, the prevailing party shall be entitled to recover all costs and expenses, including, without limitation, reasonable attorneys' fees incurred by such successful party, which costs, expenses, and fees shall be included in any judgment rendered in such litigation, in addition to any other relief to which such successful party
may be entitled.
10. CHANGES IN TERMS OF AGREEMENT: Precision Web Hosting, Inc.
reserves the right to make changes to the terms and conditions of this
Agreement upon thirty (30) days notice to the Customer, advising of the
change and the effective date thereof, but with changes in service fees
being effective only at the end of any period for which the Customer has
prepaid. Utilization of the service by the Customer following the
effective date of such change shall constitute acceptance by the
Customer of such change(s).
11. ENTIRE AGREEMENT AND UNDERSTANDING: This instrument and the
application for web space constitute the entire agreement between the
parties, and represent the complete and entire understanding of the
parties with respect to the subject matter of this Agreement.
12. GOVERNING LAW: This Agreement shall be governed by the laws of
California in the United States of America. In the event that any term
or provision of this instrument is held by a court of competent
jurisdiction to be unenforceable, then the remaining provisions of this
instrument and the agreement which it evidences, shall remain in full
force and effect.
13. ARBITRATION: The parties agree that any claim or dispute arising
under, out of, in connection with, or relating to, this Agreement or any
alleged breach thereof, shall be settled by binding arbitration, using
the arbitration services of the Better Business Bureau. Any award rendered
by the arbitrator or arbitrators shall be final and binding on each of the
parties hereto, their successors and assigns, and judgment may be entered
thereon in any court having jurisdiction thereon. The parties agree that
these methods shall be the sole remedy for any controversy or claim arising
out of this Agreement and expressly waive their right to file any legal
action in any civil court or agency against one another for such disputes,
except to enforce an arbitration decision.
14. FORUM SELECTION: The parties agree to submit to the jurisdiction of
the state or federal courts sitting in the County of San Diego, State of
California, with respect to any litigation arising out of or relating to this Agreement.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound
hereby, and in consideration of the covenants and agreements contained
herein, do hereby execute this instrument, with each party warranting
their ability to enter into this agreement for the person or entity
herein named as a party hereto. |