Provider: C I Corporation
Client: Person or Entity receiving Internet hosting services.
The first year's service payment is due ten days from the start date. Thereafter, the Provider will bill client on January 1st of each year. The second year's payment will be pro-rated for simplicity in billing, so that the bills fall on the first of the year. Accounts which are more than 30 days past due are subject to disconnection of services. Accounting issues should be addressed to billing@CICorp.com
Bandwidth charges will apply to those accounts utilizing streaming audio and/or video, chat servers, and live Web cams. In these cases, bandwidth charges are currently $0.06/MB per month for bandwidth exceeding 3 GB (GigaBytes).
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 not refundable. The current billing cycle is defined as the calendar month in which termination is requested. Provider will give client at least 30 days written notice prior to exercising provider's right to terminate this agreement (except as noted below in "Terms and Conditions"). Provider will provide such notice if Client is in violation of any single part of this agreement. Provider agrees to refund up to the first 60 days hosting fees on a pro-rated basis. If Client wishes to discontinue service during the first 60 days of this agreement.
STANDARD TERMS AND CONDITIONS
1. Client will use the host services in a manner consistent with any and all applicable laws of the United States and the Commonwealth of Virginia.
2. Provider reserves the right, in its sole discretion, to deactivate the Client's host account(s) upon an indication of credit problems including payments delinquent more than 30 days. Web site design and programming services performed on an hourly basis at the Client's request are included in this consideration.
3. The provider service is provided on an "as is, as available" basis. The provider gives no warranty, expressed or implied, for the hosting services provided, including, without limitation, warranty of merchantability and warranty of fitness for a particular purpose. This "no warranty" expressly includes any reimbursement for losses of income due to disruption of service by provider or its providers beyond the fees paid by client to provider for services.
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 hosting services for any reason.
5. While Provider shall make every reasonable effort to protect and backup data for Client on a regular basis, Provider is not responsible for Client's files residing on Provider. Client is solely responsible for independent backup of data stored on Provider.
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, statutory, common law or proprietary rights of others, or contain anything libelous or harmful. Any potentially illegal activity may be deactivated 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, obscenity, nudity, violations of privacy, computer viruses, and any harassing and harmful materials or uses, including material deemed illegal by the laws of the United States or the Commonwealth of Virginia. Client hereby agrees to indemnify and hold harmless the provider from any claim resulting from client's publication of materials or client's use of those materials. Provider may or may not give notice before deactivating the use of an account(s) which the provider decides is an abusive or unethical use of the host server(s). Provider will be the sole arbiter in determining what is pornographic, obscene, violations of privacy, computer viruses, and harassing and harmful material.
8. Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. Provider is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider or its customers may utilize.
9. Use of distribution lists via unsolicited electronic mail (SPAM) or other mass electronic mailings is strictly prohibited. The Provider reserves the right to deactivate the Client's host account(s) upon an indication of such activity. Client hereby agrees to indemnify and hold harmless the provider from any claim resulting from the Client's or another party's use of electronic mail service(s) on the Client's host account(s). Provider will be the sole arbiter in determining what constitutes a violation of this provision. Provider may or may not give notice prior to deactivation of accounts in violation of this provision.
10. Provider will not permit use of unauthorized or illegal materials on Provider's servers by users of other servers. Links to HTML pages by third parties are permitted, but no other links (including graphical information and binary data, including but not limited to CGI programs) are permitted. 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 accounts in violation of this provision.
11. All terms and conditions shall apply to those sub-hosted accounts which may be controlled by Client.
12. Provider and Client agree to use their best efforts and cooperation in the performance of this agreement.
13. This agreement shall be binding on the parties, and on their successors and assigns, without regard to whether it is expressly acknowledged in any instrument of succession or assignment.
14. Client authorizes Provider to use links to client's hosted site for promotional purposes on the C I Corporation site.
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