OfficeOnWeb Terms of Service Agreement

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This Terms of Service (TOS) or Leasing Agreement is entered into by OfficeOnWeb and the Client (stated below) do hereby agree to abide by the terms of this Leasing Agreement as of the Effective Date service begins until terminated as stiipulated herein.

1. Purpose of this agreement

OfficeOnWeb provides space on a server, reasonable bandwidth, and listing on a virtual directory, hereafter known as Services to Client. Client in turn compensates OfficeOnWeb for these Services.

2. Work Orders and Service Orders

2.1 Work Orders and Specifications. The provision of Design Services pursuant to the Work Order issued by Client and interpreted as the Client's desires and shall be performed for the consideration of monies and/or hourly wages stated therein. Such consideration stated in the Work Order is not subject to Arbitration or Negotiation and shall be paid in full upon completion of said Work Order.

2.2 Service Orders and Specifications. The provision of on server hosting pursuant to the Service Order issued by Client and interpreted as the Client's desires shall be performed to the specifications on said Service Order for the consideration of monies stated therein. Such consideration is not subject to Arbitration or Negotiation and shall be paid as stated in the Service Order.

2.3 Termination of Services. Client may terminate any Service Order within 30 days of issue, provided written notice is given in the form of a) a certified or registered letter stating the Client's desires signed by Client Contact (stated below), and printed on official letterhead of Client business, b) by e-mail, with receipt confirmed by OfficeOnWeb, in which Client Contact stating Client's desires and their name, title, and authority to issue such severance in which OfficeOnWeb will, at such time, call or emailback to insure Client's intent, c) by phone in which Client Contact stating Client's desires and their name, title, and authority to issue such severance in which OfficeOnWeb will, at such time, call back to insure Client's intent. If Client gives less than 30 days notice, Client will be billed the next recurring billing date, or at least for 30 days from notice. If a service was performed under a yearly agreement, the amounts paid for yearly services are not reimbursable.

3. Client Payment and Late Charges

3.1 Client Payment. The Client shall pay, in advance the first month of service at prices stated in the Service Order as well as any applicable setup fees stated in the Service Order at the Effective Date stated therein. If the customer desires, a one year or six month advance payment may also be made. If this option is selected, the customer will not be contacted for billing purposes until two months before the expiration of the lease period. Client agrees to pay OfficeOnWeb all charges relating to use of their account(s) according to rates and prices published online at the time of use. Client is responsible for charges from the application date until the account is closed and OfficeOnWeb may apply the amount due to your credit card at any time. Client is solely responsible for informing OfficeOnWeb of all new customer contact and billing information including new expiration dates on Client's listed credit card, no remaining credit on the credit account, new credit card numbers, address and phone number changes. OfficeOnWeb will however send an e-mail reminder to Client Contact if Client's credit card expires in the ensuing month. Client is solely responsible for notifying OfficeOnWeb of cancellation. Charges will continue to accrue until notice is given. Client is responsible for payment through the end of the cancellation month. OfficeOnWeb will charge an additional fee per invoice if you request invoices by US mail for monthly credit card charges.

3.2 Late Charges. If payment is received more than 30-days overdue Client will be charged a $24 late fee and 1.5% per month interest each month the account is overdue and/or payment is not received. Accounts overdue will be suspended (unavailable but not terminated) for a reasonable period of time to allow OfficeOnWeb and the client to make contact, but no longer than 45 days. Accounts overdue by 45-days may be issued to a collection agency or attorney for collection and reporting to credit agencies. If collection procedures are implemented, the customer shall be responsible for repayment of all reasonable fees, including attorney's fees, court costs and other reasonable expenses incurred. Clients that are overdue by 15-days or more, or if notified of intent to not pay or otherwise defaud, client services are subject to shutdown and holding of the domain, web design, and other property as collateral until the account is satisfied. In event of nonpayment, damages, or other illicit activities by the Client, OfficeOnWeb shall be entitled to recovery of our data charged to Client at standard billing charges per hour of generation and processing of data and damages resulting from Clients negligent and/or malicious acts.

4. Service Interruptions and Lost Business

4.1 OfficeOnWeb is not responsible for failure or delay data transfer due to circumstances beyond their control including, but not limited to any act of a governmental body, insurrection, sabotage, fire, embargo, flood, strike, tornado or other natural disaster or labor disturbance, or the failure of third party software or unavoidable delay in telecommunications and Client agrees that they shall pursue no charges for business lost on any given day after the Effective Date (below) of this agreement. The definition of sabotage shall include third party malicious acts such as denial of service attacks.

4.2 OfficeOnWeb is not responsible for lost business due to any reasonable delay including (those stated above) but not limited to any act inclusive of malicious acts by former employees of OfficeOnWeb.

5. Client Cooperation

The Client and OfficeOnWeb agree to make reasonable consultations in an effort to interpret the Client's desires to which Service Orders and Work Orders shall be based. The customer agrees to perform no acts that may adversely affect the security of OfficeOnWeb's equipment, bandwidth and/or otherwise impede the other businesses hosted by OfficeOnWeb. Any attempt to breach OfficeOnWeb's equipment both local and remote shall be interpreted as an illicit act pursuant to Federal Law and shall be prosecuted to the fullest extent permissible by said Law. Client is required to notify OfficeOnWeb of any hosted content, or plan to host content that may be construed as illicit by any State or Nation where it may be view able. Failure to do so will result in prosecution under Federal, and State Law as a fraudulent act and shall be treated as such by OfficeOnWeb.

6. Occupancy, Allocated Space and Bandwidth Limitation

Limitation of occupancy, space allocated to each Client and limitation of bandwidth is stated in each individual Service Order. Any overage of stated occupancy will result in removal of Client site from OfficeOnWeb's listing service. OfficeOnWeb requires all Clients interested in subleasing space within their allocated space to make special arrangements with their Customer Representative. Any overage of occupancy by Client will be billed an additional charge at the normal rates stated in pur pricing sheet. Any overage of bandwidth by Client at the normal rates stated in pur pricing sheet.

7. Legal Responsibilities

7.1 OfficeOnWeb is not responsible for any and all content provided by Client and shall not be held responsible for any activities of Client per their hosted web site. Any activity and/or content provided by Client that may be considered illicit under U.S. Federal Law, and/or applicable state law (within Texas, Colorado, Georgia, Florida, Virginia, California) is solely the legal responsibility of Client. Client agrees to notify OfficeOnWeb of any activities that may be construed as illicit and permits OfficeOnWeb, in it's sole discretion to remove any and all illicit content from Client's site and/or discontinue service to Client.

8. Prohibited Activities

8.1 Unreasonably High Traffic Activities. Activities such as allow e-mail transmission from by spamming type services, cgi based chat services, or other unusually high traffic volume generating activities are not permitted. If a virtual site has an activity located within it that adversely affects traffic, it may be moved to another server, a requirement for dedicated may be stated, or traffic fees may be imposed. Extreme cases that violate our contracts with our suppliers, may have their services terminated.

8.2 Illicit Activity. Illicit activity as prescribed by U.S. Federal and applicable State Law is not permitted. Sites found to not be in compliance may have its service suspended and its content removed until they are found to be in compliance with these laws. If Client is found to be in violation of these requirements may be subject to liability for the costs of removing the services and business losses to OfficeOnWeb and other customers located on the subject server. All payments are forfit for potential damages for such fraud activities.

8.3 Fraud Activity. Fraud activity as prescribed by U.S. Federal and applicable State Law, and untruthfull activities that could cause economic loss to other, which are proved to OfficeOnWeb's statisfaction, are not permitted. Sites found to not be in compliance may have its service suspended and its content removed until they are found to be in compliance with this cause. If Client is found to be in violation of these requirements may be subject to liability for the costs of removing the services and business losses to OfficeOnWeb and other customers located on the subject server. All payments are forfit for potential damages for such fraud activities.

9. Limited Warranty

OfficeOnWeb warrants that for a period of ninety (90) days from the date of acquisition, the Software, if operated as directed, will substantially achieve the functionality described in the Documentation. Within this period, should a design or other error be found, OfficeOnWeb will use reasonable commercial efforts to repair, replace, advise, or refund within 30 days of being so notified. In any event, OfficeOnWeb's limitation of liability is the cost of only those Services which have been deemed unacceptable by both parties and/or an arbiter which has been agreed to by both parties. Software is not warranted to operate indefinately and no obligation to reprogram the software to meet changing server or browser requirements is present.

10. Copyright Limitations and Use of Provided Materials

10.1 Copyright Limitations. Software generated by OfficeOnWeb remains the property of OfficeOnWeb and may be used without restriction on other web sites designed by OfficeOnWeb. In consideration of payment, the customer is granted a limited license to use the software on our systems for 15-years. Extensions of this time period may be granted in the unusual event that our software is used after the 15-year period.

10.2 Use of Provided Materials. All materials created by OfficeOnWeb pursuant to any Service Order/Work Order is wholly owned by OfficeOnWeb until such time as payment in full has been remitted to and accepted by OfficeOnWeb. OfficeOnWeb reserves the right to deny electronic publishing rights of any materials created by OfficeOnweb until such time as Client has paid charges due in full.

11. Client Contact Information

Client is solely responsible for making available to OfficeOnWeb and it's representatives correct and reliable contact information for the issuer of each specific Service Order and/or Work Order. In the event of falsified contact information provided by Client and/or failure to update said information for Client Contact will result in actions taken against Client account. Only those listed as Client Contact in this document (below) will be allowed to authorize any and all Service Orders and/or Work Orders for Client account. Any attempt by a third party irrespective of affiliation with Client will result in notification to Client of requested changes and Name/Title/Business of the route of contact.

12. Tax Responsibilities

Client is solely responsible for all applicable taxes whether Federal, state, or local from their e-commerce site.

13. Transfer of Client Service Order

If a business is sold or otherwise transferred, the receiving party may elect to continue the Service Order, provided a new agreement is established. Unless a new agreement is established, the party making the original agreement is responsible for the lease period remaining in their agreement.

14. Quality Assurance and Accuracy Recording

Effective 5/1/2004, all client calls may be recorded for quality assurance and accuracy reporting. The client consents to this possible recording by calling the number, and the sytem or representative receipt of the notification of it.

15. Severability

If any provision of this agreement is deemed unlawful or unenforceable by U.S. Federal or applicable State law all other provisions of this agreement stand without the support of the nullified provision and is in whole and in part binding towards OfficeOnWeb and Client.

16. Changes to Agreement

OfficeOnWeb has the right to change this agreement at any time via editing of the electronic form of this agreement located at: http://www.officeonweb.net/agreevir.htm irregardless of notice to Client.

Date:

 

Client:

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Last modification 5/6/2002, Copyright © 1995-2006 by OfficeOnWeb Suites