|
THIS AGREEMENT
is made and entered between Southern California Hosting, and the
Customer, who wishes to use the services of Southern California
Hosting in accordance with Southern California Hosting's standard
application, found @ http://www.SouthernCaliforniaHosting.com
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, Southern
California Hosting 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 Southern California Hosting
to establish an Internet web presence on one of Southern California
Hosting's server computers.
2. CONDITIONS:
The application and this Agreement constitute a binding contract
between Southern California Hosting 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
after the application is received and webspace is set-up will
still hold the Customer responsible for costs incurred by Southern
California Hosting concerning the set-up of the web space.
3. WARRANTIES:
With respect to the service to be provided herein, the Customer
acknowledges that Southern California Hosting makes absolutely
no warranties whatsoever, express or implied. As a result, the
Customer agrees that Southern California Hosting 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
Southern California Hosting is at the Customer's sole and absolute
risk. Southern California Hosting 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 Southern California Hosting 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 Southern
California Hosting, 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 Southern California Hosting for any reason.
6. PAYMENT:
The set-up fee and first payment are due at the time the application
is filled out, and returned to Southern California Hosting. Subsequent
payments are due on the 5th day of each month and are billed directly
to the Customer's credit card. Web space will be billed a minimum
of one (1) month in advance depending on the selected fee schedule.
In the event that the Customer fails to pay for such services
in advance, Southern California Hosting shall be entitled to unilaterally
terminate this Agreement and discontinue the service until payment
is made. A 5% late fee may apply to balances remaining after the
due date.
7. UNILATERAL
SERVICE REVOCATION: In the event that Southern California
Hosting may at any time believe that the service is being utilized
for unlawful purposes by the Customer or in contravention with
the terms and provisions herewith, Southern California Hosting
may immediately discontinue such service to the Customer without
liability. This will include adult content and/or unsolicited
email
8. INDEMNIFICATION:
The Customer shall indemnify and hold harmless Southern California
Hosting from any and all loss, cost, expense, and damages on account
of any and all manner of claims, demands, actions, and proceedings
that may be initiated against Southern California Hosting 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. CHANGES
IN TERMS OF AGREEMENT: Southern California Hosting 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).
10. 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.
11. GOVERNING
LAW: This Agreement shall be governed by the laws of the State
of California in the United States of America where the servers
are physically located. 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.
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.
Copyright
© 2000, Southern California Hosting All Rights Reserved.
|