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Web Host Service , a division of a domestic New York Corporation , hereinafter referred to as the "Host," agrees to provide the customer , registrant , member , account holder or individual listed on the registration statement attached to this web site , to be hereinafter referred to as the "customer," a link to the World Wide Web , by publishing the customer's web site on the Host's computer server linked via modem to the World Wide Web , in such form as to be recognized if at all possible , with the resources available to the Host , under the following terms and conditions : The customer warrants that he/she/it is at least 18 years of age and has full capacity and authority to enter into this agreement for themselves personally and the entity that he/she/it represents ; All materials , programs , data , device or operation posted by the customer on this web site as well as the web site being hosted must be lawful within all local, state, federal and international laws and must not violate any existing copyrights , licenses , patents , trademarks or other agreements known or unknown . Pornographic , obscene , illegal , libelous, tortuous or other retaliatory hacker or vandalistic programs , materials , devices or operations are strictly prohibited . Host may at its sole discretion remove objectionable materials , programs , data , devices or operations and/ or delete , suspend or terminate customer's Operating License Agreement and/or web site from its web server and World Wide Web link at any time if Host determines customer has violated any terms and conditions of this Operating License Agreement. Failure of the Host to immediately object to materials posted by the customer , remove such from customer's web site , delete or terminate customer's Operating License Agreement or web site shall not waive Host's rights to perform such action at a later date ; Customer agrees that by posting or transmitting data or other materials to public areas , such as chat rooms , bulletin boards or software libraries , Customer and/or owner automatically grants Host a Royalty-free perpetual, irrevocable nonexclusive right and/or license to use, publish, reproduce, distribute, perform , incorporate and/or display such in any work , place or form on Host's Web Site or Network ; Host reserves the right to cancel a new Customer's Operating License Agreement at any time , including right to refuse or reject Customer or Customer's Web Site from membership on its Host's network after Customer has registered his/her/its name and Web Site . In the event a new Customer or Web Site is refused or rejected access to Host's network , a new Customer will get a complete refund of any fees or charges paid . This provision does not apply to an existing Customer whose Operating License Agreement is terminated due to violation of the terms and conditions of this Agreement ; Customer is prohibited from posting third party advertising on its web site without making payment of a third party licensing fee to Host in advance of posting . See "Pricing/Fee Agreement" attached to this Web Site ; Neither Host's network nor client's web site may be used to transmit unsolicited E-Mail (commonly known as "SPAM") . In the event of a violation of this policy, Host reserves the right to terminate Customer's operating license agreement without any refunds of prepaid monthly fees or other service charges . Customer shall from time to time review its web site and make appropriate evaluations , diagnosis and corrections necessary to support its site independently and must notify Host in advance in event a technical difficulty prevents the customer's web site from performing properly ; Host makes no implied or express warranty or representation, nor warranty of merchantability , nor warranty of fitness for a particular purpose that the Host or any equipment or software provided by the Host will perform the tasks or capabilities the customer requires; Client accepts all services of Host at his/hers/its own risk . Host will not be liable for any compensatory , incidental , consequential , or indirect damages , including loss of profits , business interruption, or other damages for informational or data loss ; Host is not responsible or liable for errors or interruption in service of any kind . Customer understands that interruptions in service due to foreseen and unforeseen events , such as maintenance and/or power outages , or any other reason or cause, may occur at any time . Host shall not be responsible for any damages or loss caused by such ; Customer is solely responsible to protect its password and safeguard its use from different security risks , including but not limited to hacking , stealing Id number & password , and intercepting confidential transmissions . Customer shall be responsible for the authorized or unauthorized actions of any third party that acts on the Host's system or web site , or customer's own web site , with customer's Id and password ; All Operating License Agreements are on a month to month basis , except that the first three months service is considered the initial service period for refunds and early termination purposes . Customer agrees to pay monthly fees in advance as quoted in "Pricing/Fee Agreement" attached to this Web Site . Customer shall be responsible to pay all applicable taxes relating to use of Host services and network . Host reserves the right to amend the "Pricing/Fee Agreement" at any time in which event any increase or decrease in fees will be made prospectively and accrue on the next billing cycle . Any amounts past due , non payment or late payment may result in suspension or termination of the Operating License Agreement . All fees paid by client shall be deemed earned on the first day of the month that service is provided by the Host . If client terminates operating license all fees shall be earned through the end of the month of termination and client shall only be entitled to a refund of monthly fees paid in advance for subsequent months after termination, except that cancellation in the initial three calendar month startup period will result in no refund as any fees paid for such period as such will be considered an early termination fee . In the event Host terminates client's operating license due to failure to connect client to World Wide Web , client shall be entitled to a full refund of any fees paid Host . In the event Host terminates client's operating license due to a violation of the terms of the Operating License Agreement , client shall not be entitled to refund of monthly fees paid in advance for up to three months subsequent to month of termination and no set up fees or administrative fees will be refunded ; Any customer that initiates service by charging customer's credit card authorizes the Host to automatically charge the customer's credit card for subsequent costs , fees and charges in connection with customer's continued service on Host's network until Customer cancels or terminates the Operating License Agreement . In the event customer cancels credit card or credit issuer refuses to accept credit request , Host may terminate or cancel Customer's Operating License Agreement unless Customer arranges payment via some other form or medium ; Client agrees and acknowledges that Host has no obligation or responsibility to make any changes , additions or deletions in service , equipment or software to accommodate customer . All service equipment and software is delivered in "as is condition ;" The customer may not assign or transfer any of its rights or obligations under this agreement without the express written consent of the Host ; This agreement will be effective after the client signifies his/her/it assent to the terms and conditions of the operating license agreement after completing the Registration Statement attached to this web site ; Client and/or Host may terminate this agreement at any time ; Any client that seeks to terminate service with the Host must send written notice with their name , user Id number , and current address to the Host at:
E - Mail Address: sales@webhostservice.com Termination will take effect as soon as possible after receipt of notice; Host has the right , to delete all programs , data , or files on Web Sites the Customer or Host seeks to terminate , but failure of the Host to do so shall not breach any rights or obligations between the Customer or Host ; The Customer agrees that this agreement shall exclusively be governed by the laws of the State of New York and that in the event any action or proceeding is brought against the Host such action or proceeding shall only be brought or maintained in the Supreme Court in the State of New York or Civil Court of the City of New York , in the County of Kings , City and State of New York ; Customer agrees to indemnify, defend, & hold harmless the Host, its officers , employees , agents and/or suppliers from and against all losses, costs , damages and legal fees resulting from any violation of this Operating License Agreement by the Customer and/or any actions or proceedings brought against the Host , its officers , employees , agents and/or suppliers requiring them to defend this agreement or the operations of the Host's Network and/or Web Site ; I have read and understand all the terms and conditions of this Operating License Agreement and I agree to fully abide by all the terms and conditions enumerated above . Web Host Service |