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Terms of Service Agreement
By and between MSWorldNet the Web Hosting customer, who will be referred to in this document as "Customer".
The parties agree to the following, which shall apply during the term of this agreement:
- DEFINITIONS
| 1.1 |
"Plans" means proposals for offering various services to be provided by MSWorldNet,
as listed online at: http://www.msworldnet.com/services/ |
| 1.2 |
Customer" means an end user who is utilizing Web Hosting services provided by MSWorldNet. |
- PRICES
| 2.1 |
All prices for Plans provided by MSWorldNet to Customer are US dollars.
Customer may pay MSWorldNet for its services in US dollars. |
- ORDER ACCEPTANCE, PAYMENT
| 3.1 |
All orders are subject to acceptance by MSWorldNet. An order will be
deemed accepted by MSWorldNet when written (e-mail) confirmation of the
order is sent to Customer. MSWorldNet may refuse to accept or delay
acceptance of any order for any reason. |
| 3.2 |
Payment and Terms: Payment shall be made in US dollars to MSWorldNet.
Payments are due upon account activation and future renewal. If due to bank
charges, transfer fees, or the like, MSWorldNet should receive less than
its invoice amount, MSWorldNet will re-invoice Customer for the shortfall.
Should payment in full of any invoice (aside from such shortfalls) not be
received by MSWorldNet within thirty (30) days after activation or
renewal, MSWorldNet may discontinue, withhold, or suspend services to
Customer. |
| 3.3 |
All plans are automatically renewed at the end of the expiration period.
Cancellations may be sent to
billing@msworldnet.com
prior to a renewal date to cancel any future charges. |
- DUTIES OF MSWORLDNET
MSWorldNet will acquire an Internet Domain Name (from any valid Domain
Registration Company) on behalf of the Customer, as specified. Any costs
of MSWorldNet in obtaining or maintaining a domain name for Customer shall
be immediately reimbursed to MSWorldNet upon invoice from MSWorldNet to
Customer. MSWorldNet does not warranty that it's registration services are
successful, whether a domain is actually acquired or reserved on behalf of
Customer. Under no circumstances will MSWorldNet be held reliable for
losses or damages suffered by Customer resulting from delays in the
registration process or failure to acquire such said intellectual property.
- LIMITATION OF MSWORLDNET'S OBLIGATIONS AND LIABILITY
| 5.1 |
MSWorldNet will utilize its best efforts to maintain acceptable
performance of services contracted for, but MSWorldNet makes absolutely no
warranties whatsoever, express or implied, including warranty of
merchantability or fitness for a particular purpose. MSWorldNet cannot
guarantee continuous service, service at any particular time, or integrity
of data stored or transmitted via its system or via the Internet.
MSWorldNet will not be liable for the inadvertent disclosure of, or
corruption or erasure of, data transmitted or received or stored on its
system. MSWorldNet shall not be liable to Customer for any claims or
damages which may be suffered by Customer, including, but not limited to,
losses or damages of any and every nature, resulting from the loss of
data, inability to access Internet, 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
MSWorldNet. |
| 5.2 |
MSWorldNet may discontinue servicing any Plan, or may require fulfillment
of conditions MSWorldNet may choose to impose as a prerequisite for
continuing to service any Plan. MSWorldNet agrees to provide Customer
with reasonable notice via e-mail or fax of any such intent to discontinue
or impose conditions unless it is determined that such notice would cause
harm to MSWorldNet. The following activities are specifically not allowed
by MSWorldNet and will result in IMMEDIATE account termination: Running
ADULT web sites, Running HATE web sites,
participation in undirected bulk e-mail delivery (SPAMMING)
either through the use of our mail servers or not, GAMBLING
web sites, or any sites promoting or participating in ILLEGAL
activities. |
| 5.3 |
MSWorldNet's liability to Customer, and any end user of any Plan or other
MSWorldNet services is limited to the amount paid to and received by
MSMSWorldNet for services not accepted. In no event shall MSWorldNet be liable
to Customer, or any end user or any other entity for any special,
consequential, or other damages, however caused, whether for breach of
contract, negligence or otherwise, even if MSWorldNet has been advised of
the possibility of such damage. |
| 5.4 |
Customer will take all necessary measures to preclude MSWorldNet from
being made a party to any lawsuit or claim regarding MSWorldNet services
provided to any Customer or end user. Customer hereby agrees to indemnify
and hold harmless MSWorldNet from any and all claims of whatever nature
brought by any of Customer's customers against MSWorldNet in excess of the
remedy set forth in paragraph 5(3). |
- PROPERTY RIGHTS
MSWorldNet owns all rights, titles and interests in MSWorldNet's trade
names, service marks, inventions, copyrights, trade secrets, patents, and
know-how relating to the design, function, or operation of Plans and of the
hardware and software systems and resources necessary to provide the
individual service elements of which they consist. This agreement does not
constitute a license to Customer to use MSWorldNet's trade names or
service marks. The use by Customer of the other property rights mentioned
here is authorized only for the purposes of marketing and selling Plans.
- CONFIDENTIALITY
Customer acknowledges that by reason of its relationship with MSWorldNet
hereunder, it may have access to certain information and materials
relating to MSWorldNet's business, plans, customers, software, and
marketing strategies that is confidential and of substantial value to
MSWorldNet, which value would be impaired if such information were disclosed
to third parties. Customer agrees that it will not use in any way for its
own account nor for the account of any third party, nor disclose to any
third party, any such information revealed to it by MSWorldNet. Customer
further agrees that it will take every reasonable precaution to protect the
confidentiality of such information. In the event of termination of this
agreement, there shall be no use or disclosure by the Customer of any such
confidential information in its possession, and all confidential materials
shall be returned to MSWorldNet or destroyed. The provisions of this
section shall survive the termination of the agreement for any reason. Upon
Any breach or threatened breach of this section, MSWorldNet shall be
entitled to injunctive relief, which relief shall not be contested by
Customer.
- RELATIONSHIP OF THE PARTIES
The relationship between MSWorldNet and Customer is that of vendor and
vendee. They shall not be construed as being joint ventures,
franchiser/franchisee, or employer/employee. This agreement is a commercial
agreement between businesses, not a consumer agreement. Customer has no
authority, apparent or otherwise, to contract for or on behalf of
MSWorldnet, or in any other way legally bind MSWorldNet in any fashion, nor
shall Customer be authorized to make any representations about MSWorldNet
or its services other than to set forth MSWorldNet's responsibilities as
outlined in this agreement.
- APPLICABLE LAW, JURISDICTIONAL MATTERS
This agreement takes effect when accepted by MSWorldNet in Wisconsin. It
is to be governed by and construed under the laws of the State of
Wisconsin and the United States of America. The federal and state courts
of the State of Wisconsin shall have exclusive jurisdiction to adjudicate
any non-arbitral dispute arising out of this agreement. Customer hereby
expressly consents to (1) the jurisdiction of the courts of Wisconsin and
(2) service of process being effective upon it by registered mail sent to
the address set forth at the beginning of this document, as may be
changed from time to time by written notice actually received by
MSWorldnet. To the extent permissible by the law of Customer's
jurisdiction, Customer waives any requirement that service of process or
of any documents be made upon it pursuant to the provisions of the Hague
Convention.
- ENTIRE AGREEMENT; MODIFICATIONS
This agreement sets forth the entire agreement and understanding between
the parties and merges all prior discussion between them. MSWorldNet may
make changes to this agreement upon thirty (30) days' written notice to
Customer, advising of the change and the effective date thereof.
Utilization of MSWorldNet services by Customer and/or its Customers
following the effective date of such change shall constitute acceptance
by Customer of such change(s). Otherwise, this agreement may not be
modified except by the of written consent of both parties.
To this end the parties agree as follows:
Principles Governing Acceptable use of the Internet by the Customer
Responsibility and Respect
The Internet is a network intended for use by mature, adult users. The
Customer recognizes this principle and undertakes at all times to act with
respect, courtesy and responsibility, giving due regard to the interests and
rights of other Internet users. This general guideline carries with it the
following specific responsibilities:
- Knowledge of the Internet
The Customer agrees to obtain a basic knowledge of the Internet and its
operating principles and procedures.
- Improper Uses
The Customer will avoid violation of certain generally accepted guidelines
on Internet usage such as restrictions on mass mailings and mass
advertisements, pirating or copying of software, mail bombing or other
methods of attempting to deny service or access to other users, and attempts
to violate security.
- Unsolicited Commercial Email
We strictly prohibits Unsolicited Commercial Email, also known as "spam".
This includes using our network to distribute unsolicited bulk email from
your site on our servers or using any outside network to send bulk email
advertising your site on the Vendor servers. the Vendor reserves the right to
immediately terminate any customer account associated with unsolicited email
and no refund will be issued for any unused service fees.
- Compliance with Laws
The Customer will ensure that their use of the Internet complies with all
applicable federal, state and local law and regulation, including but not
limited to those principles of law which protect against compromise of
copyrights, trade secrets, proprietary information and other intellectual
property rights, libel or defamation of character, invasion of privacy,
tortuous interference, and export of technical or military data to prohibited
countries.
- Validation of Information
The Customer is responsible for validating the integrity of the information
and data it receives or transmits over the Internet.
- Security
The Customer is required to protect the security of its Internet account
and usage. The Customer(s) password will be treated as private and
confidential and not disclosed to or shared with any third parties.
- Discretion and Judgment
The Customer is expected to use discretion in the treatment and handling of
Internet information and data and to take particular care to insure that
adult information is not transmitted to juvenile users of the Internet.
- Pornography
Due to legal and social issues, we will not accept any customers who publish,
store or otherwise process pornographic material. If an existing customer
violates this principle, the Vendor reserves the right to immediately terminate
the Customer's account and no refund will be issued for any unused service
fees. Material deemed to be pornographic is the sole discretion of the Vendor,
with due regard to the laws of Wisconsin, USA.
- Excessive Service Usage
Customers are restricted from using excessive amounts of CPU processing,
network bandwidth or other shared resources provided by the Vendor.
Judgments of excessive usage are determined solely by the Vendor and will
be considered in comparison to other the Vendor customers using similar
services. the Vendor will contact customers with resource intensive
requirements and attempt to accommodate such needs. In the case that an
agreement cannot be made to the satisfaction of both the Vendor and the
Customer, and that the customer continues to use excessive resources, the
Vendor reserves the right to immediately terminate any customer account
associated with excessive resource usage.
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