Service Agreement


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Web Hosting Service Agreement

THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU, THE USER, AND GRIP MARKETING ("COMPANY"). BY USING COMPANY'S SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ANY SUBSEQUENT MODIFICATIONS THAT MAY BE POSTED ONLINE BY COMPANY.

1. Services. Company will provide User access to the Internet and related services via one of the usage plans User has selected (usage plans are described in Company's online price list). Company's services will be activated for User upon Company's receipt of a signed contract. User agrees that Company or third parties providing services requested by User may collect, use and disseminate information provided by User.

2. User's Responsibilities. User is solely responsible for User's personal use of the resources made available through Company. User shall provide all equipment required to use Company, maintain the security of its password and be responsible for all charges incurred on User's account. User shall not use Company in a manner that is libelous, defamatory, obscene, infringing, illegal or in violation of any Company policy. User may not use the e-mail system to send unsolicited mail or Usenet postings. User shall not abuse the system or the Internet or its resources. If payment is made by credit or debit card, User shall promptly notify Company of any changes to the billing account, including, change of billing address, expiration, loss or cancellation of credit card. Refer to Company's Policy on Appropriate Use for more information. User shall indemnify and hold harmless Company from and against any liabilities, expenses (including attorneys' fees) and damages arising out of any claims based on User's use of Company's services, including any claim of libel, defamation, and unfair competition, violation of rights of privacy or publicity, infringement of any intellectual property rights or any other illegal act of User.

3. Payment Terms. User's billing cycle will commence on the activation date and User will be billed monthly thereafter at the prevailing rates. User's basic service fee for each month will be billed at the beginning of the billing cycle and will include additional usage fees, if any, from the prior month. User will incur additional charges if usage exceeds the services provided in the applicable usage plan. Payment is due on month in advance. Failure by User to pay amounts due within 30 days or rejection of any credit card charges may result in termination of Company's services. Late charges will accrue at the rate of 1.5% per month or the maximum rate permitted by law on the outstanding balance until such amount is paid in full. User agrees to pay all expenses incurred by Company in the collection of any overdue amounts. Company may change its prices upon 30 days' electronic mail notice to User.

4. Initial Fees. User's initial billing will consist of the set up fees plus first three (3) month's usage fees. User's account will not be activated until these initial fees are received and processed by the Company.

5. Payment By Credit Card. User authorizes payment of this account by providing User's credit card number to Company. User understands that charges for the basic service and any additional usage (including excess bandwidth charges) will be billed to User's credit card each month. Additional usage charges are described on Company's web site price list.

6. Termination. User's account may be terminated by (1) User upon 30 days' written notice prior to User's next billing cycle, or (2) Company at any time, without notice, if User fails to abide by the terms of this Agreement, including failure to pay amounts when due. In addition, User agrees that Company may revoke access to Company Web Hosting Accounts for abusive conduct on the system and/or the Internet. Termination will be effective at the end of the billing cycle. If User terminates its Company account within 30 days of activation, User shall receive a full refund of amounts paid, excluding InterNIC charges and registration fees associated with domain name registration and any excess bandwidth or other additional usage charges incurred during such period.

7. NO WARRANTIES AND LIMITATION OF LIABILITY. COMPANY'S SERVICES ARE PROVIDED "AS IS". COMPANY MAKES NO REPRESENTATION OR WARRANTY REGARDING CONTENT, GOODS OR SERVICES PROVIDED AND SPECIFICALLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT COMPANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF USER'S USE OF OR INABILITY TO USE COMPANY SERVICES, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY AND EXCLUSION OF DAMAGES SHALL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.

8. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Georgia, USA, and User consents to the exclusive jurisdiction and venue of the courts in the County of Cobb in all matters and disputes relating to User's use of Company's services or this Agreement.

 

 
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