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This agreement is entered into this
day,
by and between DomainMaker, and the authorized entity/person mentioned
on the order form:
The Authorized Person mentioned on the order form will hereafter be referred to as
"User."
-1- Subject to the provisions hereof, the account will be opened upon
reception of contract, and repeated in each successive billable period
thereafter at the then applicable prevailing rates and charges, unless written
notice of cancellation is received from User at least 30 days prior to the
beginning of the next billable period.
-2- Charges for "billable period rate" services are payable prior to the
beginning of each period. Failure to pay in no way relieves the user's
obligations to make full payment. User hereby agrees to pay any and all attorney
fees, court costs, and related expenses incurred by DomainMaker in the
collection of any amount due it.
-3- DomainMaker may, with 30 days written notice, amend the rates and or
charges for any future server usage and/or services.
-4- User agrees to use all DomainMaker service facilities at User's own risk.
DomainMaker specifically disclaims all warranties of merchantability and fitness
for a particular purpose. In no event shall DomainMaker be liable for any loss,
or loss of data, or any other damages.
-5- User agrees to protect and indemnify DomainMaker against any and all
liability, loss, or expense arising from claims of libel, unfair competition,
unfair trademarks, trade names or patents, violations of rights and privacy and
infringement of copyrights and property resulting from User's use of DomainMaker
services.
-6- DomainMaker reserves the right to cancel any account, at any time,
without notice, for any reason DomainMaker considers appropriate. Use of the
email system to send unsolicited email or Usenet postings is not allowed from
any DomainMaker account. "Adult Content, Illegal sites, or to unsolicited email
(spam)" is not allowed on DomainMaker Servers. At DomainMaker discretion, access
to DomainMaker Internet Account may be revoked at any time for abusive conduct
on the system and/or the Internet and its resources as a whole.
( See DomainMaker's
Policy Statement )
-7- User is solely responsible for usage of DomainMaker and any statement
User makes on DomainMaker's system may be deemed a "publication " of the
information entered. Acknowledging the foregoing, User specifically agrees not
to use DomainMaker's service in any manner that is illegal, libelous, or against
any DomainMaker policy.
-8- The minimum contract length for Web hosting services is 3 months, with
the exception of the free domain holding service. The minimum contract length
for Colocation and Dedicated Machines services is 1 month. Payments shall be
made quarterly, semi-annually, or annually as indicated in the purchase
agreement information below. DomainMaker also reserves the right to cancel any
services/account with out notice for reasons it sees as fit and just.
-9- DomainMaker's Virtual Web hosting transfer plan carries a 30 day
unconditional money back guarantee. If you have transferred your account from
another hosting provider and are not totally satisfied with our services within
the first 30 days of your contract, you will be given a full refund of the
contract amount, excluding any setup fees, domain registration fees and
overages. Setup fees are not refundable under any circumstances. For Web
hosting contracts the full contract amount less any setup fees, domain
registration fees and overages will be refunded if DomainMaker is notified
within the first 30 days following activation.
-10- The billable service period begins on the date the services indicated in
this agreement become available to User.
-11- This Agreement shall be governed by and interpreted in accordance with
the laws of the State of Arizona, United States of America, and the courts of
the judicial district of county of Coconino shall have exclusive jurisdiction in
respect of any proceeding in connection with this Agreement.
-12- THE FOLLOWING ACCOUNT AND BILLING INFORMATION APPLY TO THIS SERVICE
AGREEMENT.
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