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POLICY FOR DATA STORAGE
AND TRANSFER
Policy Statement Version Number: 1.7
"POLICY STATEMENT"
WHEREAS, Zee Designs, hereafter referred to as ZD is an information provider connected to the Internet. ZD offers storage and transfer services over the Internet through access to its affiliate's Web Server;
WHEREAS, Client seeks to utilize the server for its own purposes;
WHEREAS, the parties acnowledge that the Internet is neither owned nor controlled by any one entity; therefore, ZD nor its affiliate can make no guarantee that any given reader shall be
able to access the server at any given time. ZD and its affiliate represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little
service interruption as possible;
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;
I. Financial Arrangements
- Client agrees to pay ZD for services rendered.
- Annual payment shall be due upon receipt of the order.
- All setup, domain name or custom fees shall be due upon receipt of the order.
- Payment of invoices must be received at the office of Zee Designs, P.O. Box30661, Las Vegas, NV 89173-0661, by 4pm PST on the due date or client agrees to pay a $10.00 late payment charge. ZD
and its affiliate reserves the right to deactivate any account which is overdue in payment.
- This agreement will automatically renew for successive annual periods unless canceled in writing prior to the renewal date.
II. Taxes
ZD and its affiliate shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client or its affiliate's server. Client agrees to take full
responsibility for all taxes and fees of any nature associated with such products sold.
III. Material and Products
In the case that a website design and development Work Order Agreement does not exist between Client and ZD:
- Client will provide ZD with material and data in a condition that is "server-ready," which is in a form requiring no additional manipulation on the part of
ZD. ZD shall make no effort to validate this information for content, correctness or usability
- ZD will exercise no control whatsoever over the content of the information passing through the network. ZD makes no warranties or representations of any kind, whether expressed or
implied for the service it is providing. ZD also disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Client,
including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Client. Use of any information obtained by way of ZD or its affiliate is
at the Client's own risk, and ZD and its affiliate specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed
of a connection to and do not represent guarantees of available end to end bandwidth. ZD expressly limits its damages to the Client for any non-accessibility time or other down time to the
prorata monthly charge during the system unavailability. ZD specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event
that this material is not "Server-ready", ZD and its affiliate may, at its option and at any time, reject this material, including but not limited to after it has
been put on the Server. ZD agrees to notify Client immediately of its refusal of the material and afford Client the opportunity to amend or modify the
material to satisfy the needs and/or requirements of ZD and its affiliate. If the Client fails to modify the material, as directed by IQS, within a reasonable
period of time, which shall be determined between the parties themselves, the Agreement shall be deemed to be terminated.
- Excessive CPU usages - Client will not be allowed to use excessive amounts of CPU processing on any of our affiliate's servers or face immediate suspension.
- Client may not at any time provide access to, or use of, scripts installed on the webserver for use by a third party (websites not hosted at our Server).
IV. Trademarks & Copyrights
Client warrants that it has the right to use the applicable trademarks, if any, and grants ZD and its affiliate the right to use such trademarks in connection with the Server service.
V. Hardware, Equipment & Software
The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access the Server. ZD makes
no representations, warranties or assurancesthat the Customer's equipment will be compatible with the service.
VI. Age
The Customer certifies that he or she is at least 18 years of age.
VII. Internet Etiquette
Electronic forums such as mail distribution lists and Use Net news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these
forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources
of ZD and its affiliate may not be used to impersonate another person or misrepresent authorization to act on behalf of others or ZD. All messages transmitted via ZD
and its affiliate should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users may not utilize ZD and its
affiliate network resources to perform, be the target of, or in any way be involved in mass-mailing or "spamming" of any kind. Users must not attempt to undermine the
security or integrity of computing systems or networks and must not attempt to gain unauthorized access.
VIII. Termination
This Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice. In such event, the canceling party will be required
to pay to other party an amount equal to the unused portion of service excluding any setup charges. Notwithstanding the above, ZD may terminate service under this Agreement at any time, without penalty, if the
Client fails to comply with the terms of this Agreement.
IX. Limited Liability
- Client expressly agrees that use of it affiliate's Server is at Client's sole risk. Neither ZD, its employees, affiliates, agents, third party information providers, merchants licensers or the
like, warrant that the Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the
accuracy, reliability or content of any information service or merchandise contained in or provided through the Server service, unless otherwise expresslystated in this Agreement.
- Under no circumstances, including negligence, shall ZD, its offices, agents or any one else involved in creating, producing or distributing the Server
service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Server service; or
that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God,
communication failure, theft, destruction or unauthorized access to ZD records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on the Server service.
- Notwithstanding the above, Client's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the
aggregate dollar amount which Client paid during the term of this Agreement and any reasonable attorney's fee and court costs.
X. Lawful Purpose
Client may only use the Server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is
not limited to copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secrets. ZD and its affiliate expressly forbids anyone
from using the servers for the propogation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other
material which we deem to be objectionable, including, but not limited to, pornography, satanic materials, and any and all materials of an adult nature. The designation of any
materials as such described above is left entirely to the discretion of the ZD management.
XI. Indemnification
Client agrees that it shall defend, indemnify, save and hold ZD and its affiliates harmless from any and all demands, liabilities, losses, costs and claims, including reasonable
attorneys' fees, ("Liabilities") asserted against IQS, its agents, its customers, servants officers and employees, that may arise or result from any service provided or
performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless ZD and its affiliates against Liabilities arising out of
(i) any injury to person or property caused by any products sold or otherwise distributed in connection with the Server;
(ii) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party;
(iii) copyright infringement and
(iv) any defective product which Client sold on the Server.
XII. Value Added Reselling
- Client is allowed to resell the storage and transfer services provided to it by ZD. Client agrees to handle and is responsible for all third-party customer's content, support, and handling of set-up
and maintenance.
- Client may not at any time resell, provide access to, or use of, scripts installed on the webserver for use by a third party (websites not hosted at ZD's affiliate).
XIII. Changes to Policy Statement
Client acknowledges and agrees that this Policy Statement on the registration and use of data storage accounts may change from time to time and that, upon thirty (30) days posting on the Internet at:
http://www.zeedesigns.com/whatwedo/webhosting/policy, ZD or its affiliate may modify or amend the terms of this Policy Statement.
This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties.
This Agreement shall be governed in all respects by and construed in accordance with the laws of the United States of America and the State of Nevada.
© 2000 Zee Designs. All rights reserved.
© 1997 Affiliate. All rights reserved.
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