|
This
WEB SITE DEVELOPMENT AGREEMENT ("Agreement")is
an agreement between Eastbaypages, INC and its clients.
The clients understand, acknowledge and agree that
this is an online agreement which is being entered
into in conjunction with the order for Web Design
services (non-refundable) and hosting services (which
can be cancelled upon request and written notice.
Domains registered by clients are the property of
the clients. Websites developed for the clients once
payed for will be the property of the clients if services
are suspended and transfered to the client upon request.
Appropriate
use of the services
Eastbaypages
provides the Services exclusively and makes no effort
to edit, control, monitor or restrict the content
of data other than as necessary to provide such Services.
Eastbaypages
is a reseller of ISP services and uses services provided
by ipowerweb.com. All clients using Eastbaypages.com
services shall follow the rules set for below for
client content.
Client Content
Client agrees that it will not distribute, electronically
transmit or display any materials supplied by Client
- or through Client by a third party - to any ipowerweb.com
server in connection with Client's use of the Services
which:
-
violate
any state, federal or foreign laws or regulations;
-
infringe
on any intellectual property rights (e.g., copyright,
trademark, patent or other proprietary rights)
of ipowerweb.com or any third party;
-
are
defamatory, slanderous or trade libelous;
-
are
threatening or harassing;
-
are
discriminatory based on gender, race, age or promotes
hate
-
contain
viruses or other computer programming defects
which result in damage to ipowerweb.com server
or any third party.
Bandwidth
Client
may occupy only the amount of disk space on the
ipowerweb.com Server and utilize no more than the
network bandwidth that is allotted by ipowerweb.
No "SPAM"
Client
shall not use the Services for chain letters, junk
mail, spamming, or any use of distribution lists
to any person who has not given specific permission
to be included in such a process. Client also shall
not engage in any unsolicited email practices at
Eastbaypages.com, or otherwise, that mentions or
reference any domain hosted on ipowerweb servers
or parked on ipowerweb.com DNS servers.
Licensed
Software Only
Client agrees to use only properly licensed third
party software in connection with Client's use of
the Services.
Termination
Eastbaypages
and ipowerweb.com reserves the right to refuse service
to anyone. Eastbaypages, in its sole discretion,
may immediately terminate this Agreement if Client
engages in any of the foregoing. To report any unacceptable
behavior by a third party using the Services, please
contact
eastbayp@eastbaypages.com .
Domain
Names
If
Client chooses to register a domain name(s) through
Eastbaypages, Client acknowledges and agrees that
Client will pay a registration fee(s) to register
the domain name(s). Eastbaypages does not offer refunds
for domain name registrations for any reason, including
misspelling of the domain name. Eastbaypages does
not guarantee successful registration or renewal of
domain names.
Client
Liability and Indemnification
The
parties agree that in no event shall Eastbaypages
be liable to any third party for Client's breach or
alleged breach of any of the Terms
and Conditions
set forth in this Agreement. Client agrees to defend,
indemnify and hold harmless Eastbaypages from any
and all expenses, losses, liabilities, damages or
third party claims resulting from Client's breach
or alleged breach of any Client obligations set forth
hereunder.
Taxes
Client
will pay and indemnify and hold Eastbaypages harmless
from any and all taxes associated with or arising
from Client's use of the Services, including any penalties
and interest and any costs associated with the collection
or withholding thereof.
Limitation
of Liability
In
no event shall Eastbaypages be liable for damages
resulting from loss of data, domain names, profits,
use of the ipowerweb.com site or any ipowerweb.net
products or services, or for any incidental, indirect,
punitive, or consequential damages in connection with
this agreement or hereunder. In on event shall eastbaypages
cumulative liability exceed an amount greater than
five hundred dollars.
|
