THIS AGREEMENT is made and entered between aramedia.net, located at 761 Adams
St, Boston, Massachusetts
02122 and the Customer, who wishes to use the services of aramedia.net
in accordance with aramedia.net's standard
application, attached. 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, aramedia.net 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 aramedia.net to establish an
Internet web presence on one of aramedia.net's server computers.
2. CONDITIONS: The application and this Agreement constitute a binding contract
between aramedia.net 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
aramedia.net concerning the set-up
of the web space.
3. WARRANTIES: With respect to the service to be provided herein, the Customer
acknowledges that aramedia.net makes absolutely no warranties
whatsoever, express or implied. As a result, the Customer agrees that aramedia.net 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 aramedia.net is at the Customer's sole and absolute risk. aramedia.net 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 aramedia.netshall acquire an
Internet Domain Name on behalf of the Customer, then in such case the |
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Customer hereby waives any and all claims which it may have against aramedia.net, 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 aramedia.net 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 aramedia.net. Subsequent payments are due according to the
selected fee schedule following the establishment of the web space on the Internet. Web
space will be billed a minimum of one (1) month in advance depending on the selected fee
schedule. Subsequent payments are due on the 5th day of each month as per the selected fee
schedule. In the event that the Customer fails to pay for such services in advance,
aramedia.net shall be entitled to unilaterally terminate this
Agreement and discontinue the service until payment is made. 7. UNILATERAL SERVICE
REVOCATION: In the event that aramedia.net 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, to but not limited to unsolicited
email, hacking, and pornography. aramedia.net may
immediately discontinue such service to the Customer without liability.
8. INDEMNIFICATION: The Customer shall indemnify and hold harmless aramedia.net 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 aramedia.net 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: aramedia.net
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
Massachusets 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.
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.
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