The terms that follow exist to maintain the integrity of all services provided by XYZservers. By ordering an account from XYZservers, you are agreeing to each of the terms listed below:
This Agreement is made and entered by XYZservers, herein referred to as (“Provider”), and you, referred to in this document as (“User”).
A. INDEMNIFICATION AND RELATIONSHIP OF PARTIES
1. User agrees to indemnify and hold Provider harmless from any lawsuit, claim, charge, or expense, including reasonable attorney fees and costs of defense, for any matter arising from or relating to User’s website provided hereunder.
2. Nothing contained herein shall be deemed to create a relationship between the Provider and User in the nature of a partnership, joint venture, editor/publisher or otherwise. Both parties acknowledge and agree that Provider has no interaction with the data or substance of User’s website, except as necessary to maintain the website.
3. User agrees to indemnify and hold Provider harmless from any lawsuit, claim, charge, or expense, including reasonable attorney fees and costs of defense, for any matter arising from or relating to Provider’s use of any domain name.
B. PAYMENT FOR SERVICE
1. User agrees to pay the charges agreed to during the initial signup request on or before the first day of the anniversary of account setup in each agreed payment period (monthly, quarterly, yearly, etc.) following execution of this agreement, together with any additional charges, costs or assessments made by Provider under the terms hereof.
2. User agrees payment not received on or before renewal date shall be considered late and service may be suspended.
3. User agrees payment not received within 15 days of said renewal date shall be considered in default and service shall be terminated.
4. User agrees that any and all unpaid balance due hereunder shall bear interest at the rate of 18% per annum, and that costs of collection, including court costs and reasonable attorney fees shall be added as principal amounts to such balance.
C. REFUSAL OF SERVICE
XYZservers reserves the right to refuse or cancel service at its sole discretion. Failure to follow any terms or conditions established by XYZservers may result in immediate termination and forfeiture of any refund agreements.
D. CONTENT
1. The Provider believes in freedom of speech. As long as the User’s content does not break any Federal, State, or local laws it will be allowed to exist on the User’s website.
2. User is responsible for any content they place on their web site, or transfer by any other means using hardware and or bandwidth belonging to the Provider.
3. The Provider reserves the right to remove any page(s) at any time without notice.
E. USE OF SERVICE
1. User agrees to maintain its site in a manner consistent with any and all applicable laws, regulations, acceptable uses and standards in effect, or which become in effect, during the term hereof.
2. User agrees to practice common courtesy in its use of the site, and to refrain from using any distribution lists for electronic mail or other techniques for unsolicited mass mailing.
3. User agrees to keep their contact email address with Provider current at all times, and agrees Provider has no liability for lost or undelivered email messages concerning the status or payment due for User’s account.
4. User agrees to comply with the wishes of the Provider in regards to practices that may hinder the ability of other XYZservers customers to use the Provider’s services.
5. User agrees no notices for account status or invoices will be sent via postal mail or telephone, unless initiated by Provider as required by law to collect payment.
F. TERM OF CONTRACT AND TERMINATION
1. This agreement shall take effect upon the initiation by the User of a PayPal Subscription for automatic payments. The agreement will have an initial term of three months from the date of execution hereof, unless otherwise specified by the sign up terms. Upon expiration of each term, this agreement shall automatically renew for successive equivalent periods by means of the automatic PayPal Subscription, unless notice is given by either party of its intent to terminate the agreement. Termination will be executed by cancellation of the PayPal Subscription by either party. All terms and conditions of this agreement shall be in full force and effect during all original and renewal periods hereunder. If User does not notify Provider of cancellation request prior to the date of renewal, the User will be responsible for the payment due for the next equivalent period.
G. SECURITY
1. User agrees not to attempt to undermine or cause harm to any server or customer of Provider. Failure to comply with this rule will result in immediate termination of the user’s account.
H. UNSOLICITED ELECTRONIC MAIL
User is expressly prohibited from sending unsolicited bulk mail messages (“junk mail” or “spam”). This includes, but is not limited to, bulk-mailing of commercial advertising, information announcements, and political tracts. Such material may only be sent to those who have specifically requested it. Malicious or threatening email is also prohibited. We reserve the right to immediately deactivate your use of our service if we discover such activity. Further, you agree to indemnify and hold us harmless from any claim resulting from your use or distribution of electronic mail services through the service provided through this Agreement. Anyone using our services for spamming or anyone who is found to be advertising their site by spamming will be immediately subject to a $500 cleanup/network abuse fee.
I. SCOPE OF AGREEMENT
1. This agreement must be honored by all sub domains and dedicated servers of the Provider.
2. The provider reserves the right to add to and change this agreement at any time without notice.
