Lafayette's Best's Web Space Terms |
By using a Lafayette's Best Web Space Account you agree to the following:
WHEREAS, Lafayette's Best is an information provider connected to the Internet. Lafayette's Best offers storage and transfer services over the Internet through access to its Web Space account;
WHEREAS, Customer seeks to utilize Lafayette's Best's Web Space for its own purposes;
WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, Lafayette's Best can make no guarantee that any given reader shall be able to access Lafayette's Best's Web Space at any given time. Lafayette's Best represents that it shall make every good faith effort to ensure that its Web Space is available as widely as possible and with as little service interruption as possible;
WHEREAS, the party has authority to enter into this agreement on behalf of the Company, if applicable;
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;
I. Financial Arrangements:
1. Customer agrees to a contract of the term specified below, beginning upon commencement of service.
2. Fee for the term specified below plus setup charge, shall be due upon receipt of contract. Said amount is fully refundable if notice of cancellation is received within 30 days of commencement of services.
3. This agreement will automatically renew for successive periods of the original length for the life of the contract until cancelled in writing. Customers will receive an invoice for charges and payment is due upon receipt.
II. Taxes:
Lafayette's Best shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Customer or Lafayette's Best's Web Space. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.
III. Material and Products:
1. Customer will provide Lafayette's Best with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of Lafayette's Best. Lafayette's Best shall make no effort to validate this information for content, correctness or usability.
2. Use of Lafayette's Best's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Customer's Webspace by the Customer.
The Customer agrees that he or she has the necessary knowledge to create Customer's Webspace. Customer agrees that it is not the responsibility of Lafayette's Best to provide this knowledge or Customer Support outside of the defined service of Lafayette's Best.
3. Lafayette's Best will exercise no control whatsoever over the content of the information passing through the network. Lafayette's Best makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Lafayette's Best also disclaims any warranty of merchant- ability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of Lafayette's Best is at the Customer's own risk, and Lafayette's Best specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. Lafayette's Best expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. Lafayette's Best specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not "Server-ready", Lafayette's Best may, at its option and at any time, reject this material, including but not limited to after it has been put in Lafayette's Best's Web Space. Lafayette's Best agrees to notify Customer immediately of its refusal of the material and afford Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of Lafayette's Best. If the Customer fails to modify the material, as directed by Lafayette's Best, within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be deemed to be terminated.
IV. Trademarks & Copyrights:
Customer warrants that it has the right to use the applicable trademarks, if any.
V. Hardware, Equipment & Software:
The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access Lafayette's Best. Lafayette's Best makes no representations, warranties or assurances that the Customer's equipment will be compatible with the Lafayette's Best service.
VI. Age:
The Customer certifies that he or she is at least 18 years of age.
VII. Internet Etiquette:
Electronic forums such as mail distribution lists and Use Net news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of Lafayette's Best may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Lafayette's Best. All messages transmitted via Lafayette's Best should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access.
VIII. Termination:
This Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice. Notice must be faxed or, mailed. Lafayette's Best will not accept terminations by electronic mail or over the telephone. Notwithstanding the above, Lafayette's Best may terminate service under this Agreement at any time, without penalty, if the Customer fails to comply with the terms of this Agreement, including non-payment. Lafayette's Best reserves the right to charge a reinstatement fee.
IX. Limited Liability:
1. Customer expressly agrees that use of Lafayette's Best's Web Space is at Customer's sole risk. Neither Lafayette's Best, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Lafayette's Best's Web Space service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Web Space service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Lafayette's Best Web Space service, unless otherwise expressly stated in this Agreement.
2. Under no circumstances, including negligence, shall Lafayette's Best, its offices, agents or any one else involved in creating, producing or distributing Lafayette's Best's Web Space service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Lafayette's Best Web Space service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Lafayette's Best's records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on Lafayette's Best's Web Space service.
3. Notwithstanding the above, Customer's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Customer paid during the term of this Agreement and any reasonable attorney's fee and court costs.
X. Lawful Purpose:
Customer may only use Lafayette's Best's Web Space for lawful purpose. Trans- mission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets. This also includes links or any connection to such materials.
XI. Indemnification:
Customer agrees that it shall defend, indemnify, save and hold Lafayette's Best harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against Lafayette's Best, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Lafayette's Best against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with Lafayette's Best's Server; (ii) any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Customer sold on Lafayette's Best Server.
XII. Contract Revisions:
Revisions to this Contract will be applicable to previous Contracts. Revisions will be considered agreed to by the Customer on renewal of Lafayette's Best Services as specified in Section I. Financial Arrangements.
XIII Transfer:
Customer may not transfer this agreement without the written consent of Lafayette's Best.
This Agreement constitutes the entire understanding of the parties. Any changes or modifications to this Contract thereto are agreed to by the both parties upon renewal of services.
This Agreement shall be governed and construed in accordance with the laws of the State of Indiana and of the Internet.