|THIS AGREEMENT is
made and entered into this day and is by and between: WEBHOST8, a Texas
Company with its principal place of business at 6220 Westpark, Suite 180
(hereinafter referred to as "WEBHOST") and with its place of
business for the purpose of this agreement at: (hereinafter referred to
as the "CUSTOMER"). The parties hereto do hereby agree as
follows: 1. DESCRIPTION OF SERVICE WEBHOST8, as an Internet World Wide
Web service provider, provides a dedicated server computer that is
integrated into the Internet. This server computer sends and receives
information as related to the World Wide Web. CUSTOMER wishes to connect
to and utilize the software and hardware facilities of WEBHOST8 to
establish an Internet Web Site.
2. USE OF SERVICE
A. User Parameters: The agreement hereby is intended to cover only one web site. It is for the exclusive use of the customer specifically named above and does not extend to any other person or entity. CUSTOMER may resell, if desired, to third parties but is responsible for the content and is bound by the terms under this contract.
B. Legal Parameters: This service is to be utilized solely for lawful purposes, and use of the service in connection with or adjunct to any matter or thing which violates any municipal, state of federal statute or regulation is prohibited. CUSTOMER agrees to indemnify and hold harmless WEBHOST8 from and against any and all claims, actions, causes of actions, losses or damages (including legal fees) which may arise from the usage by the CUSTOMER in violation of this paragraph.
C. Unilateral Service Revocation: In the event that at any given time, WEBHOST8 believes that the service is being used by the CUSTOMER in contravention with the terms and provisions of sections A or B above, WEBHOST8 has the right to immediately discontinue such service to CUSTOMER without liability other than to refund any unearned prepaid service fees. The CUSTOMER agrees not to publish and/or disseminate any libelous and/or defamatory information through its Website which might expose WEBHOST8 or its Officers, Directors, Shareholders, Employees and/or Agents to liability. In the event that WEBHOST8 either on its own initiative or following a third party complaint learns of defamatory information being published via its dedicated server computers, then, in such event, WEBHOST8 reserves the right to terminate the website service and this Internet Web Service Contract without notice to the CUSTOMER. In such event, WEBHOST8's liability to the CUSTOMER shall be limited to the prorated service fees accruing from the date of interruption of service until the commencement of the next billing cycle.
3. NO WARRANTIES: In reference to the service which will be provided hereunder, CUSTOMER acknowledges that WEBHOST8 does not make any warranties, expressed or implied, under any circumstances. As a result of this, CUSTOMER agrees that WEBHOST8 shall not be liable to CUSTOMER for any claims of actual, compensatory and/or consequential damages which may be suffered by CUSTOMER, including, but not limited to, losses or damages due to the loss of data resulting from delays, nondeliveries, or service interruptions caused by the fault or negligence of WEBHOST8. In the event that WEBHOST8 shall breach this Internet Web Service Contract its liability to CUSTOMER shall be limited to three (3) months service charges to CUSTOMER.
4. INFORMATION USAGE: The use of any data or material which CUSTOMER receives from the service provided by WEBHOST8 is at CUSTOMER'S sole and absolute risk. WEBHOST8 specifically disclaims and denies any responsibility for the completeness, or accuracy of quality of any and all information obtained through the services to be provided hereby.
5. DOMAIN NAME: Should WEBHOST8 acquire an Internet Domain Name on the CUSTOMER'S behalf, then in such case the CUSTOMER hereby waives any and all claims which it may have against WEBHOST8 for any loss, damage, claim or expense arising out of or in relation to the registration of such Domain Name from such directories or lists following the termination of the providing of this service by WEBHOST8 for any reason.
6. INVOICING AND SERVICE FEES: Invoicing for web site shall be as follows: CUSTOMER will be billed for a minimum of three (3) months service in advance. Payments of the service fee through the end of the 3 month period will be done upon inception (Signup Date) . In the event that CUSTOMER shall fail to pay in advance for the services provided herein or in the event there shall exist any delinquency in the CUSTOMER's account then in such event WEBHOST8 reserves the right, in its sole, absolute and unfettered discretion, to terminate this Internet Web Service Contract and discontinue service to CUSTOMER without notice or liability for actual, compensatory or consequential damages to CUSTOMER for the interruption in service. WEBHOST8 shall be entitled to unilaterally terminate this agreement, in which case the provisions of paragraphs 2,3,4, and 5 shall continue in full force and effect, and/or, at its sole discretion, WEBHOST8 may discontinue or suspend service to CUSTOMER until payment is made. Any service disconnection or suspension will result in the requirement of a thirty dollar re-connect fee. Additional data transfer is available at 10 cents per MB. All support inquiries are to be initiated via email to: support@WEBHOST8.com. WEBHOST8 will make a diligent effort to resolve any problems related to WEBHOST8's hardware or supporting software..
7. CHANGES IN TERMS OF AGREEMENT: WEBHOST8 reserves the right to make changes to any of the above terms and conditions of this agreement upon thirty (30) days written notice to CUSTOMER, advising of the change and the effective date thereof, but with changes in monthly service fees being effective only at the end of any calendar quarter for which CUSTOMER has already prepaid. The use of the service by the CUSTOMER following the effective date of such change shall be proof of acceptance by CUSTOMER of such change(s).
8. ENTIRE AGREEMENT AND SEVERABILITY: This instrument constitutes the entire agreement between the parties, and represents the complete and entire understanding of the parties with respect to the subject matter contained in this agreement. This instrument supersedes any other agreement or understanding between the parties, whether written or oral. 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. This Agreement shall be construed and interpreted pursuant to the laws of the State of Texas. Venue of any action arising out of this Agreement or any modifications thereto shall be in the Circuit Court in and for Harris County, Texas.
9. CUSTOMER ADDENDUM - UNAUTHORIZED USE OF WEBHOST8 SERVICES Anyone using WEBHOST8 services for the following unauthorized activities are subject to the following terms and conditions. ANYONE using any WEBHOST8 service without authority will be billed accordingly.
A. Unsolicited advertising or UBE via E-Mail and/or "Spamming" is a violation of State and Federal Law and is otherwise violative of this Internet Web Service Contract. Such prohibited conduct subjects CUSTOMER to immediate cessation of service as provided herein and the termination of this contract without notice. WEBHOST8 reserves the right to report such illegal activities to any and all regulatory, administrative and/or governmental authorities for appropriate prosecution.
B. The use of any WEBHOST8 Domain Name Server to register a domain name without the expressed authorization of WEBHOST8 is strictly prohibited and shall subject CUSTOMER to a US fifty dollar charge per additional domain name and/or the termination of the Internet Web Service Contract.
C. IRC, Chat Rooms, MUDDS, Listservers, or any other Internet applications that are not Website specific, are specifically prohibited and can be subject to immediate termination.
D. INTERNIC Registrations/Modifies: The WEBHOST8 service and other domain name registration/modify forms only submit a request to registrars to register or modify the domain name. It is the CUSTOMER'S responsibility to make sure the domain name registrations or transfers take place and/or to forward the Internic tracking numbers to WEBHOST8 personnel to have the domain name registration/modify expedited.