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THIS AGREEMENT is made and entered between Precision Web Hosting and
Design, hereinafter referred to as Precision Web Hosting and Design and
the Customer, who wishes to use the services of Precision Web Hosting and
Design in accordance with Precision Web Hosting and Design's standard application.
NOW, THEREFORE, in consideration of the foregoing premises and the mutual
covenants hereinafter set forth, the parties hereto agree as follows:
1. SERVICE DESCRIPTION: As a World Wide Web service provider, Precision
Web Hosting and Design provides dedicated server computers which are integrated
into the Internet. These server computers shall send and receive information
in relationship to the World Wide Web. Customer wishes to connect to the
World Wide Web utilizing the hardware and software resources of Precision
Web Hosting and Design to establish an Internet web presence on one of
Precision Web Hosting and Design's server computers.
2. CONDITIONS: The application and this Agreement constitute a binding
contract between Precision Web Hosting and Design and the Customer and
does not extend to any other person or entity. Customer may resell to third
parties but is responsible for third party activities and content, and
is bound by the terms under this Agreement. Cancellations within the 30
day money back period will receive 100% of all monies paid. (Please note:
if we are registering a new domain for you, monies for domain registration
are not refundable.) Cancellations after that time period will receive
a prorated refund.
3. WARRANTIES: With respect to the service to be provided herein, the
Customer acknowledges that Precision Web Hosting and Design makes absolutely
no warranties whatsoever, express or implied. As a result, the Customer
agrees that Precision Web Hosting and Design shall not be liable to the
Customer for any claims or damages which may be suffered by the Customer,
including, but not limited to, losses or damages resulting from the loss
of data as the result of delays, non-deliveries, or service interruptions.
4. INFORMATION: The utilization of any data or information received by
the Customer from the utilization of the service to be provided by Precision
Web Hosting and Design is at the Customer's sole and absolute risk. Precision
Web Hosting and Design specifically disclaims and denies any responsibility
for the completeness, accuracy or quality of information obtained through
the services to be provided hereby.
5. DOMAIN NAME: If Precision Web Hosting and Design shall acquire an
Internet Domain Name on behalf of the Customer, then in such case the Customer
hereby waives any and all claims which it may have against Precision Web
Hosting and Design, for any loss, damage, claim or expense arising out
of or in relation to the registration of such Domain Name in any on-line
or off-line network directories, membership lists or registration lists,
or the release of the Domain Name from such directories orlists following
the termination of the providing of this service by Precision Web Hosting
and Design for any reason.
6. PAYMENT: The first payment is due at the time the application is filled
out, and returned to Precision Web Hosting and Design. Subsequent payments
are normally due on the 20th of the last month in the billing period. For
customers paying by credit card, your card will continue to be automatically
charged in accordance with the billing schedule chosen, until that time
a cancellation request is received. All cancellations must be submitted
using our online cancellation form. For customers paying by check, invoices
are normally emailed out 25 days in advance of the due date. In the event
that the Customer fails to pay for such services in advance, Precision
Web Hosting and Design shall be entitled to unilaterally terminate this
Agreement and discontinue the service until payment is made.
7. UNILATERAL SERVICE REVOCATION: In the event that Precision Web Hosting
and Design may at any time believe that the service is being utilized for
unlawful purposes by the Customer or in contravention with the terms and
provisions herewith, Precision Web Hosting and Design may immediately discontinue
such service to the Customer without liability. This will include adult
content, links to adult content and/or unsolicited email or newsgroup postings
(spam). (We do not host lingerie sites.)
8. INDEMNIFICATION: The Customer shall indemnify and hold harmless Precision
Web Hosting and Design from any and all loss, cost, expense, and damages
on account of any and all manner of claims, demands, actions, and proceedings
that may be initiated against Precision Web Hosting and Design on the grounds
that the web space content violates any copyright, proprietary right of
any person, state and federal regulations, or contains any matter that
is libelous or scandalous.
9. CHANGES IN TERMS OF AGREEMENT: Precision Web Hosting and Design reserves
the right to make changes to the terms and conditions of this Agreement
upon thirty (30) days notice to the Customer, advising of the change and
the effective date thereof, but with changes in service fees being effective
only at the end of any period for which the Customer has prepaid. Utilization
of the service by the Customer following the effective date of such change
shall constitute acceptance by the Customer of such change(s).
10. ENTIRE AGREEMENT AND UNDERSTANDING: This instrument and the application
for web space constitute the entire agreement between the parties, and
represent the complete and entire understanding of the parties with respect
to the subject matter of this Agreement.
11. GOVERNING LAW: This Agreement shall be governed by the laws of California
in the United States of America. 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.
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