Web
hosting Customer Agreement
By and between
EverPlanet, Inc. and the Web Hosting customer, who will be
referred to in this document as "Customer". The parties
agree to the following, which shall apply during the term of this
agreement:
1. DEFINITIONS:
A. "Plans" means proposals for offering various
services to be provided by EverPlanet, Inc., as listed online at: http://www.everplanet.com/plans.htm
B. "Customer" means an end user who is utilizing Web
Hosting services provided by EverPlanet, Inc..
2. PRICES
All prices for Plans provided by EverPlanet, Inc. to Customer are US
dollars. Customer may pay EverPlanet, Inc. for its services in US or
Canadian dollars.
3. ORDER ACCEPTANCE, PAYMENT
A. All orders are subject to acceptance by EverPlanet, Inc.. An
order will be deemed accepted by EverPlanet, Inc. when written
(e-mail) confirmation of the order is sent to Customer. EverPlanet,
Inc. may refuse to accept or delay acceptance of any order for any
reason.
B. Payment and Terms: Payment shall be made in US or
Canadian dollars to EverPlanet, Inc.. Payments are due upon account
activation and future renewal. If due to bank charges, transfer
fees, or the like, EverPlanet, Inc. should receive less than its
invoice amount, EverPlanet, Inc. will re-invoice Customer for the
shortfall. Should payment in full of any invoice (aside from such
shortfalls) not be received by EverPlanet, Inc. within the INVOICE
DUE DATE after activation or renewal, EverPlanet, Inc. may discontinue,
withhold, or suspend services to Customer. A reactivation fee
of $25 may apply to restore service if account is suspended.
B. Renewal. Accounts will be billed as specified on
orders received. Renewal will be automatic unless we receive
otherwise in writing. Billing issues should be addressed to billing@everplanet.com
. Accounts needing to be cancelled will require in writing to
request cancellation to billing@everplanet.com
.
4. DUTIES OF EVERPLANET, INC.
A. EverPlanet, Inc. will acquire an Internet Domain Name (only from the
InterNIC) on behalf of the Customer, as specified. Any costs of
EverPlanet, Inc. in obtaining or maintaining a domain name for
Customer shall be immediately reimbursed to EverPlanet, Inc. upon
invoice from EverPlanet, Inc. to Customer.
5. LIMITATION OF EVERPLANET, INC.'s OBLIGATIONS AND
LIABILITY
A. EverPlanet, Inc. will utilize its best efforts to
maintain acceptable performance of services contracted for, but
EverPlanet, Inc. makes absolutely no warranties whatsoever, express
or implied, including warranty of merchantability or fitness for a
particular purpose. EverPlanet, Inc. cannot guarantee continuous
service, service at any particular time, or integrity of data stored
or transmitted via its system or via the Internet. EverPlanet, Inc.
will not be liable for the inadvertent disclosure of, or corruption
or erasure of, data transmitted or received or stored on its system.
EverPlanet, Inc. shall not be liable to Customer for any claims or
damages which may be suffered by Customer, including, but not
limited to, losses or damages of any and every nature, resulting
from the loss of data, inability to access Internet, or inability to
transmit or receive information, caused by, or resulting from,
delays, non-deliveries, or service interruptions whether or not
caused by the fault or negligence of EverPlanet, Inc..
B. EverPlanet, Inc. may discontinue servicing any Plan, or
may require fulfillment of conditions EverPlanet, Inc. may choose to
impose as a prerequisite for continuing to service any Plan.
EverPlanet, Inc. agrees to provide Customer with reasonable notice
via e-mail or fax of any such intent to discontinue or impose
conditions unless it is determined that such notice would cause harm
to EverPlanet, Inc..
The following activities are specifically not
allowed by EverPlanet, Inc. and will result in IMMEDIATE account
termination: Running Running HATE web sites,
participation in undirected bulk e-mail delivery (SPAMMING) either
through the use of our mail servers or not, GAMBLING web sites, or
any sites promoting or participating in ILLEGAL activities.
C. EverPlanet, Inc.'s liability to Customer, and any end
user of any Plan or other EverPlanet, Inc. services is limited to
the amount paid to and received by EverPlanet, Inc. for services not
accepted. In no event shall EverPlanet, Inc. be liable to Customer,
or any end user or any other entity for any special, consequential,
or other damages, however caused, whether for breach of contract,
negligence or otherwise, even if EverPlanet, Inc. has been advised
of the possibility of such damage.
D. Customer will take all necessary measures to preclude
EverPlanet, Inc. from being made a party to any lawsuit or claim
regarding EverPlanet, Inc. services provided to any Customer or end
user. Customer hereby agrees to indemnify and hold harmless
EverPlanet, Inc. from any and all claims of whatever nature brought
by any of Customer's customers against EverPlanet, Inc. in excess of
the remedy set forth in paragraph 5(C) .
6. PROPERTY RIGHTS
EverPlanet, Inc. owns all rights, titles and interests in
EverPlanet, Inc.'s trade names, service marks, inventions,
copyrights, trade secrets, patents, and know-how relating to the
design, function, or operation of Plans and of the hardware and
software systems and resources necessary to provide the individual
service elements of which they consist. This agreement does not
constitute a license to Customer to use EverPlanet, Inc.'s trade
names or service marks. The use by Customer of the other property
rights mentioned here is authorized only for the purposes of
marketing and selling Plans.
7. CONFIDENTIALITY
Customer acknowledges that by reason of its relationship with
EverPlanet, Inc. hereunder, it may have access to certain
information and materials relating to EverPlanet, Inc.'s business,
plans, customers, software, and marketing strategies that is
confidential and of substantial value to EverPlanet, Inc., which
value would be impaired if such information were disclosed to third
parties. Customer agrees that it will not use in any way for its own
account nor for the account of any third party, nor disclose to any
third party, any such information revealed to it by EverPlanet,
Inc.. Customer further agrees that it will take every reasonable
precaution to protect the confidentiality of such information. In
the event of termination of this agreement, there shall be no use or
disclosure by the Customer of any such confidential information in
its possession, and all confidential materials shall be returned to
EverPlanet, Inc. or destroyed. The provisions of this section shall
survive the termination of the agreement for any reason. Upon any
breach or threatened breach of this section, EverPlanet, Inc. shall
be entitled to injunctive relief, which relief shall not be
contested by Customer.
8. RELATIONSHIP OF THE PARTIES
The relationship between EverPlanet, Inc. and Customer is that of
vendor and vendee. They shall not be construed as being joint
ventures, franchiser/franchisee, or employer/employee. This
agreement is a commercial agreement between businesses, not a
consumer agreement. Customer has no authority, apparent or
otherwise, to contract for or on behalf of EverPlanet, Inc., or in
any other way legally bind EverPlanet, Inc. in any fashion, nor
shall Customer be authorized to make any representations about
EverPlanet, Inc. or its services other than to set forth EverPlanet,
Inc.'s responsibilities as outlined in this agreement.
9. APPLICABLE LAW, JURISDICTIONAL MATTERS
This agreement takes effect when accepted by EverPlanet, Inc. in
Georgia. It is to be governed by and construed under the laws of the
State of Georgia and the United States of America. The federal and
state courts of the State of Georgia shall have exclusive
jurisdiction to adjudicate any non-arbitrable dispute arising out of
this agreement. Customer hereby expressly consents to (1) the
jurisdiction of the courts of Georgia and (2) service of process
being effective upon it by registered mail sent to the address set
forth at the beginning of this document, as may be changed from time
to time by written notice actually received by EverPlanet, Inc.. To
the extent permissible by the law of Customer's jurisdiction,
Customer waives any requirement that service of process or of any
documents be made upon it pursuant to the provisions of the Hague
Convention.
10. ENTIRE AGREEMENT; MODIFICATIONS
This agreement sets forth the entire agreement and understanding
between the parties and merges all prior discussion between them.
EverPlanet, Inc. may make changes to this agreement upon thirty (30)
days' written notice to Customer, advising of the change and the
effective date thereof. Utilization of EverPlanet, Inc. services by
Customer and/or its Customers following the effective date of such
change shall constitute acceptance by Customer of such change(s).
Otherwise, this agreement may not be modified except by the of
written consent of both parties.
11. Links to
third party sites. The links to third party sites will let you
leave this site. The linked sites are not under the control of
EVERPLANET and EVERPLANET is not responsible for the contents of any
linked site or any link contained in a linked site, or any changes
or updates to such sites. EVERPLANET is providing these links to you
only as a convenience, and the inclusion of any link does not imply
endorsement of the site by EVERPLANET.
12. LOG
Files
Log files which are used to show statistical usage on a
particular domain may be deleted on a monthly basis to free disk space.
Clients who would like to keep their log files need to contact us. EverPlanet
will not act as a repository for log files.
PRIVACY
POLICY. EverPlanet, Inc. recognizes your privacy.
Information collected during the process order is solely for
EverPlanet, Inc.'s uses to process orders and will not be disclosed
to third parties.
Microsoft®,
MS, MS-DOS®, Windows, Windows 95, Windows NT, and the Windows logo
are either registered trademarks or trademarks of Microsoft
Corporation in the United States and/or other countries. Other
product and company names mentioned herein may be the trademarks of
their respective owners.
Acceptance of Terms of Service
for Mail
Services
EverPlanet,
Inc. is provided as part of its service as part of plans hosted to
registered users (each, a "User") under these Terms of Use.
BY
COMPLETING THE REGISTRATION PROCESS AND A USER OF ANY DOMAIN HOSTED
BY EVERPLANET, YOUR ARE TO BE BOUND BY THESE TERMS OF USE.
These Terms
of Use form independent agreements between User and EverPlanet,
Inc.. EverPlanet, Inc. shall be liable to User for any breach of
these Terms of Use by the other, and User agrees that User’s sole
recourse in case of such breach shall be against the breaching
party.
Registration Information
EverPlanet,
Inc. will not disclose any individual User's name, address, email
address or telephone number to third parties. EverPlanet, Inc.
reserves the right to terminate any User's account if EverPlanet,
Inc. learns that such User has provided EverPlanet, Inc. false or
misleading registration information.
Modifications of these Terms of Use
EverPlanet,
Inc. may modify these Terms of Use from time to time in its sole
discretion. EverPlanet, Inc. will provide Users with reasonable
notice of any such changes, and continued use of EverPlanet, Inc.
will be conditioned upon each User's affirmative acceptance of any
such changes.
Modifications of EverPlanet, Inc.
EverPlanet,
Inc. may modify or discontinue EverPlanet, Inc. (or User's account)
with or without notice to any User, without liability to any User or
any third party.
Member
Conduct
You agree to
abide by all applicable local, state, national and international
laws and regulations and are solely responsible for all acts or
omissions that occur under your account or password, including the
content of your transmissions through EverPlanet, Inc.. By way of
example, and not as a limitation, you agree not to:
- use
EverPlanet, Inc. in connection with chain letters, junk email,
spamming or any duplicative or unsolicited messages (commercial or
otherwise);
- harvest
or otherwise collect information about others, including email
addresses, without their consent;
- create a
false identity or forged email address or header, or otherwise
attempt to mislead others as to the identity of the sender or the
origin of the message;
- transmit
through EverPlanet, Inc. unlawful, harassing, libelous, abusive,
threatening, harmful, vulgar, obscene or otherwise objectionable
material of any kind or nature;
- transmit
any material that may infringe the intellectual property rights or
other rights of third parties, including trademark, copyright or
right of publicity;
- transmit
any material that contains viruses, Trojan horses, worms, time
bombs, cancelbots, or any other harmful or deleterious programs;
- violate
any Hong Kong or U.S. law regarding the transmission of technical
data or software exported through EverPlanet, Inc.;
- interfere
with or disrupt networks connected to EverPlanet, Inc. or violate
the regulations, policies or procedures of such networks;
- attempt
to gain unauthorized access to EverPlanet, Inc., other accounts,
computer systems or networks connected to EverPlanet, Inc.,
through password mining or any other means; or
- interfere
with another member's use and enjoyment of EverPlanet, Inc. or
another entity's use and enjoyment of similar services.
Contents
of Messages
EverPlanet,
Inc. does not, and cannot, monitor, censor or edit the contents of
Users' email messages. Users alone are responsible for the contents
of their messages, and the consequences of any such messages. User
agrees that it will not use EverPlanet, Inc. for chain letters, junk
mail, "spamming", solicitations (commercial or noncommercial) or any
use of distribution lists to any person who has not given specific
permission to be included in such a process. User further agrees not
to use EverPlanet, Inc. to send any messages or material that are
unlawful, harassing, libelous, abusive, threatening, harmful,
vulgar, obscene or otherwise objectionable material of any kind or
nature or that encourages conduct that could constitute a criminal
offense, give rise to civil liability or otherwise violate any
applicable local, state, national or international law or
regulation.
EverPlanet, Inc. reserves the right to terminate User's account if
it becomes aware and determines, in its sole discretion, that User
is violating any of the foregoing guidelines. It is EverPlanet,
Inc.'s policy to respect the privacy of its Users.
Account
and Password
User is
responsible for maintaining the confidentiality of its account name,
number, and password. User shall be responsible for all uses of its
account, whether or not authorized by User. User agrees to
immediately notify EverPlanet, Inc. of any unauthorized use of its
account.
Disclaimer of Warranties
USER
EXPRESSLY AGREES THAT USE OF EVERPLANET, INC.'s
POWERMAIL(iPLANETMAIL) IS AT USER'S SOLE RISK. POWERMAIL(iPLANETMAIL)
IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EVERPLANET, INC.
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
EVERPLANET,
INC. DOES NOT MAKE ANY WARRANTY THAT EVERPLANET, INC. WILL MEET
USER'S REQUIREMENTS, OR THAT EVERPLANET, INC. WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE; NOR DOES EVERPLANET, INC. MAKE ANY
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
POWERMAIL(iPLANETMAIL) OR AS TO THE ACCURACY OR RELIABILITY OF ANY
INFORMATION OBTAINED THROUGH POWERMAIL(iPLANETMAIL).
USER
UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF EverPlanet, Inc. IS AT USER'S
OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. EverPlanet, Inc.
DOES NOT MAKE ANY WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED
OR OBTAINED THROUGH EverPlanet, Inc. OR ANY TRANSACTIONS ENTERED
INTO THROUGH EverPlanet, Inc.. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY USER THROUGH EverPlanet, Inc. SHALL
CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of Liability
EverPlanet,
Inc. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE
INABILITY TO USE EverPlanet, Inc. OR FOR THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH EverPlanet, Inc. OR RESULTING FROM UNAUTHORIZED
ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER
INTANGIBLE, EVEN IF EverPlanet, Inc. HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
Email
Message Storage
EverPlanet,
Inc. does not assume any responsibility for the deletion or failure
to store email messages.
Promotional Messages
EverPlanet,
Inc. and/or third parties may, from time to time, advertise in
PowerMail(iPlanetMail). EverPlanet, Inc. does not make any
representation or warranty with respect to the content of any such
email messages or any goods or services which may be obtained from
such third parties, and User agrees that EverPlanet, Inc. shall not
have any liability with respect thereto.
Indemnification
User agrees
to indemnify and hold each of EverPlanet, Inc., their subsidiaries,
affiliates, officers and employees, harmless from any claim or
demand, including reasonable attorneys' fees, made by any third
party due to or arising out of User's use of EverPlanet, Inc., the
violation of these Terms of Use by User, or the infringement by
User, or any other user of User's account, of any intellectual
property or other right of any person or entity.
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