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Provider:
DeskDrivers.com.
Client: Person,
business, or entity receiving
professional web services.
Definitions
1. Client will use services
in a manner consistent with
any and all applicable laws
of the United States.
2. Provider reserves the right,
in its sole discretion, to deactivate
the Client's account(s) upon
an indication of credit problems
or payments delinquent more
than 10 days.
3. Services are active on an
"as is, as available"
basis. This expressly includes
any reimbursement for losses
of income due to disruption
of service by Provider, the
Internet, or any acts of God.
4. Provider is not responsible
for any damages arising from
Client's use of Provider's services
or by Client's inability to
use the services for any reason.
5. Provider is not responsible
for Client's web files. Client
is solely responsible for independent
backup of data stored on Provider
unless otherwise expressed.
Please keep a safety copy on
hand.
6. Client hereby agrees that
any material submitted for publication
on Provider through Client's
account(s) will not violate
or infringe any copyright, trademark,
patent, statute, common law,
proprietary rights, or contain
anything libelous, slanderous,
or harmful to a third party.
Any potentially illegal activity
may result in service deactivation
without warning by the Provider.
Client hereby agrees to indemnify
and hold harmless the Provider
for any claim resulting from
the submission of illegal materials.
7. Client hereby agrees that
any material submitted for publication
on Provider's servers through
Client's account(s) will not
contain anything leading to
an abusive or unethical use
of the host server(s). Abusive
and unethical materials and
uses include, but are not limited
to; pornography, violations
of privacy, computer viruses,
file sharing, obscenity, and
any harassing or derogatory
materials or items deemed
illegal by the laws of the United
States of America. Client's
publication of said materials
will result in account suspension.
8. Due to the public nature
of the Internet, all information
should be considered publicly
accessible, and important or
private information should be
treated very carefully. Provider
is not liable for protection
or privacy of electronic mail
or other data transferred through
the Internet or any other network.
9. Use of distribution lists
via unsolicited electronic mail
(SPAM) or other methods
is STRICTLY prohibited.
The Provider reserves the right
to terminate the Client's account(s)
upon an indication of such activity.
10. Provider will not consent
unauthorized use of content
on Provider's servers by users
of other computers or ISPs.
Links to and from HTML pages
by third parties is permitted,
but no other links, a.k.a. "hotlinks"
or "hotlinking," (including
graphical information, code, and binary
data) are condoned.
Provider will be the sole arbiter
in determining what is an inappropriate
or unauthorized use of materials.
Provider may or may not give
notice prior to deactivation
of account(s) in violation of
this provision.
11. Provider and Client agree
to use their best efforts and
cooperation in the fruition
of this agreement.
12. This agreement shall be
binding on the parties, and
on their successors and associates,
without regard to whether it
is expressly acknowledged in
any instrument of succession
or assignment.
Billing
Provider will invoice and bill
Client the fees stipulated on
receipt. Initial cost and billing
cycle start upon initial payment.
Accounts which are more than
10 days past due are subject
to disconnection or cancellation
of services.
Bandwidth
Over usage charges will be applied
to those accounts exceeding
the monthly limit of data transfer
alloted at the current rate of
$1.00 per Gigabyte. In most
situations a simple package
upgrade resolves the problem.
Termination
Each individual service in this
agreement may be terminated
by Client with the understanding
that payment made for each service
within the current billing cycle
is non refundable. Provider
may or may not notify Client
when in violation of any single
part of this agreement.
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