1. SERVICE. CHESTER COUNTY SITES, is an Internet World Wide Web service provider who provides dedicated server computers that are integrated into the Internet. These server computers send and receive information as related to the World Wide Web. Customer desires to connect to and utilize the software and hardware facilities provided by CHESTER COUNTY SITES to establish a website. The use of any data or material by the Customer via the service provided by CHESTER COUNTY SITES is at the Customer's sole and absolute risk. CHESTER COUNTY SITES specifically disclaims and denies any responsibility for the completeness and/or accuracy of quality of any and all information obtained through the services to be provided hereby.
Note: No hosting service is without downtime due to Internet trunk, router or related problems, regular scheduled maintenance or possibility of failure.
2. USE OF SERVICE. This agreement hereby is intended for the use of only one website. It is for the exclusive use of the Customer specifically and does not extend to any other person or entity.
3. NO WARRANTIES. CHESTER COUNTY SITES will utilize its best efforts to maintain a highest performance of web services at all times, but CHESTER COUNTY SITES makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness for a particular purpose. CHESTER COUNTY SITES cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via its system or via the Internet. CHESTER COUNTY SITES will not be liable for the inadvertent disclosure of, or corruption or erasure of, date transmitted or received or stored on its system.
CHESTER COUNTY SITES shall not be liable to Customer or any of its customers for any claims or damages which may be suffered by Customer or its customers, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access Internet, or inability to transmit or receive information, caused by, or resulting from, delays, no deliveries, or service interruptions whether or not caused by the fault or negligence of CHESTER COUNTY SITES.
4. INDEMNIFICATION. Customer agrees that it shall defend, indemnify, save and hold harmless from any and all demands, liabilities, losses, costs, claims, including reasonable attorney's fees, ("Liabilities") against CHESTER COUNTY SITES, its agents, its customers, servants, officers, employees, that may arise or result from any services provided, performed or agreed to be performed or any product sold by Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless CHESTER COUNTY SITES against Liabilities arising out of any injury to person or property caused by any products sold or distributed in connection with CHESTER COUNTY SITES' server; and material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party; copyright infringement and any defective product which Customer sold on CHESTER COUNTY SITES' server.
As a result of this, Customer agrees that CHESTER COUNTY SITES shall not be liable to Customer for any claims of actual, compensatory and/or consequential damage's which may be suffered by Customer, including, but not limited to, losses or damages due to the loss data resulting from delays, non deliveries, or service interruptions caused by the fault or negligence of CHESTER COUNTY SITES. Notwithstanding the above mentioned, Customer's exclusive remedies, damages, losses and causes of actions shall not exceed the aggregate dollar amount which Customer paid during the term of this Agreement. Customer agrees to maintain or arrange to maintain all valuable data and files, stored or residing on any CHESTER COUNTY SITES' server, on other personal and off-site secondary storage media for purpose of backup and recovery purposes.
5. DOMAIN NAME. CHESTER COUNTY SITES will acquire, at the request of the Customer, an Internet Domain Name (only from the US InterNIC or ICANN) on behalf of the Customer. In such case the Customer hereby waives any and all claims which it may have against CHESTER COUNTY SITES for any loss, damage, claim or expense arising out of, or in relation to, registration of such Domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of services by CHESTER COUNTY SITES for any reason. Any costs incurred by CHESTER COUNTY SITES in obtaining or maintaining a domain name for Customer or its customers shall be at the expense of the Customer.
6. HOSTING INVOICE AND SERVICE FEES. Invoicing for website hosting shall be as follows: Customer shall be billed (prepaid quarterly) in accordance with the above stated terms and payment of the service fee shall begin upon inception (sign-up date). Billing cycles are January, April, July and October. First prepayment includes all months prior to the next billing cycle and the three months included in the next billing cycle. In the event that Customer shall fail to pay in advance for the services provided herein or in the event there shall exist any delinquency in the Customer's account then in such event CHESTER COUNTY SITES reserves the right, in its sole, absolute and unfettered discretion, to terminate this agreement and discontinue service to Customer without notice or liability for actual compensatory or consequential damages to Customer for the interruption in service.
CHESTER COUNTY SITES shall be entitled to unilaterally terminate this agreement, in which case the provisions of paragraph 1,2, 3, 4, and 5 shall continue in full force and effect, and/or, at its sole discretion, CHESTER COUNTY SITES may discontinue or suspend service to Customer until payment is made. Any service disconnection or suspension may result in the requirement of a re-connect fee or set-up fee. Initial service fee, set-up fee, or late fee may apply.
a. DESIGN INVOICING. Invoicing for website design (including art work such as banner design & logos) shall be as follows: A deposit may be required in advance before any design work is done. After receipt of said deposit, all design work will be completed and uploaded to our server on a temporary site for Customer's review as agreed by Customer. When final design payment is received in full, the site will be uploaded to customer's permanent domain. Customer shall be billed in accordance with the above stated terms, unless otherwise agreed upon.
b. MARKETING SERVICE FEES. Invoicing for website marketing (search engine submissions, banner and image advertising, etc.) shall be as follows: All marketing fees are to be paid in full in advance. Customer understands and agrees that CHESTER COUNTY SITES gives no guarantees of any kind to the rate of success of any marketing project, and customer agrees and understands that they are paying CHESTER COUNTY SITES for a service provided not for results.
SUPPORT INQUIRIES AND ISSUES. All support inquiries and issues are to be initiated via email to Technical Support from our "contact us" page. CHESTER COUNTY SITES will make a diligent effort to resolve any problems related to CHESTER COUNTY SITES hardware, supporting software or services. Only once all email inquires have failed, will CHESTER COUNTY SITES provide support via telephone.
7. MONEY BACK GUARANTEE. The money back guarantee shall apply only to the refund of the agreed upon monthly plan fees and shall exclude, without limitation, the refund of any or all set-up fees, service fees, transfer fees, domain registration fees, design/development fees, software purchase fees, and any promotional discounts, etc. ONLY web hosting monthly fees are refundable not including the current month hosting fee. Customer will be automatic charged non-refundable additional such as, but not limited to web design and other related services already completed.
8. CANCELLATIONS. All cancellations in accordance with the terms and conditions contained herein must be submitted to CHESTER COUNTY SITES by email, mail or phone and by means that identify the requester as the Customer and account holder. All Customer accounts must be paid in full before the transaction will be considered complete.
9. TAXES. Customer shall be responsible for paying all taxes of any nature except for taxes on CHESTER COUNTY SITES's income, irrespective of which party may be responsible for reporting or collecting such taxes.
10. MODIFICATIONS. CHESTER COUNTY SITES reserves the right to make changes to any of the above terms and conditions of this agreement upon thirty (30) day written notice to Customer, advising of the change and the effective date thereof, but with changes in monthly service fees being effective only at the end of any calendar quarter for which Customer has already prepaid. The use of the service by the Customer following the effective date of such change shall be proof of acceptance by Customer of such change (s).
11. ENTIRE AGREEMENT AND SEVERALBILITY. This instrument constitutes the entire agreement between the parties, and represents the complete and entire understanding of the parties with respect to the subject matter contained in this agreement. This instrument supersedes any other agreement or understanding between the parties, whether written or oral. In the event that any term or provision of this instrument is held by a court of competent jurisdiction to be unenforceable, then the remaining provisions of this instrument and the agreement which it evidences, shall remain in full force and effect, IN WITNESS WHEREOF the parties hereto intending to be legally bound hereby, and in consideration of the covenants and agreements contained herein, do hereby execute this instrument, with each party warranting their ability to enter in to this agreement for the person or entitle herein named as a party hereto. This agreement shall be construed and interpreted pursuant to the law of the state of Pennsylvania.
12. RESTRICTIVE USE. The Customer may only use CHESTER COUNTY SITES' services for lawful purposes. In the event that at any given time, CHESTER COUNTY SITES believes that the service is being used by the Customer in contravention with any of the terms and provisions contained in this Agreement, CHESTER COUNTY SITES has the right to immediately discontinue such service to Customer without liability other than to refund any unearned prepaid service fees. The following are restrictive uses and shall be cause for the immediate termination of web services and this Agreement without notice to the Customer:
a. Unauthorized distribution or copying copyrighted software, violation of US export restrictions, embarrassment, fraud, trafficking in obscene material, drug dealing, and other illegal activities;
b. Unsolicited advertising via email and/or "Spamming" is a violation of State and Federal Law and is otherwise a violation of this agreement. Such prohibited conduct subjects Customer to immediate cessation of service as provided herein and the termination of this agreement without notice. CHESTER COUNTY SITES reserves the right to report such illegal activities to any and all regulatory, administrative and/or governmental authorities for appropriate prosecution. In addition, CHESTER COUNTY SITES will charge One Dollar ($1.00) per email recipient for any such activity;
c. Using a non-existing email return address on a commercial solicitation, spamming (sending unsolicited advertising to numerous email addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user), trolling (posting outrageous messages to generate numerous responses), mail bombing (sending multiple messages without significant new content to the same user), subscribing someone else to a mailing list without that person's permission, cross-posting articles to an excessive number of newsgroups, or attempting without authorization to enter into a secured computer system. CHESTER COUNTY SITES reserves the right to determine what is Net abuse;
d. Tortuous conduct such as posting of defamatory, libelous, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyright, or other intellectual property rights;
e. The Customer expressly understands and agrees that adult oriented websites featuring nudity and acts of a sexual nature are not accepted under any circumstances. CHESTER COUNTY SITES reserves the right to immediately terminate and remove any such unauthorized websites without notice and discontinue service to Customer without notice or liability for actual, compensatory or consequential damages to Customer for the interruption in service.
f. MUDDS, List servers or any other Internet application that are not website specific, are specifically prohibited, such sites are subject to additional setup and hosting fees as provided in paragraph six (6) herein;
g. Any other misuses of the system resources, such as employing posts or program which consume excessive CPU time or storage space, permitting use of mail services, mail forwarding capabilities, POP accounts, or auto responders other than for the customer's accounts, or resale of access to CGI scripts installed on our servers.
h. Reasons such as using our servers as a file depository, CGI/SSI, bulk mailing, etc. for nation wide programs and the like or any other reason for consuming extensive server resources for any reason other than legitimate business promotion services as determined and defined by Chester County Sites.