Parties
This agreement is between eVise, Inc. DBA eWeb77 (PROVIDER) and the party as specified in the on-line application (CLIENT).
Web hosting & web design services only
This agreement covers all eWeb77 shared web hosting services. Other hosting services by the same PROVIDER are available at www.eViseit.com and are subject to another agreement.
Space usage
PROVIDER will allow the specified per plan web space to be used by the CLIENT as long as the use is in compliance with the policies set below. Additional space will be billed according to the hosting plan subscribed to by the CLIENT.
Bandwidth usage
PROVIDER will allow the specified per plan bandwidth to be used by the CLIENT as long as the use is in compliance with the policies set below. Additional bandwidth will be billed according to the hosting plan subscribed to by the CLIENT.
Policies
CLIENT agrees to comply strictly with PROVIDERS "Acceptable use policy" and "Copyright infringement policy". In addition to these CLIENT agrees not to run any kind of 'server applications'. Every program/script that opens a port on the shared hosting server is considered 'server application'. These include but are not limited to IRC servers, IRC proxies, IRC bots. CLIENT understands that the services are subject to immediate termination without compensation for non-compliance with the policies. Further, CLIENT will be responsible for the full amount of any tangible and intangible damages this may cause. PROVIDER reserves the right to change the policies from time to time to reflect the dynamic nature of the Internet. Both policies are available on-line any time or as a hard copy by request only.
Account sharing
Account sharing is only permitted when used in conjunction with our reseller hosting plans. Account sharing is not allowed with any other services. PROVIDER will terminate immediately and without compensation accounts, which share the web space with others or subdivide and resell the web space. Subdivision of the web space into two or more web sites is not allowed unless the multiple domain feature is being used and paid for.
Excluded Services
Provider will not provide services and will terminate existing services immediately without compensation if the CLIENT's web site is involved in any of the following: adult sites, copyrights violation, pirated software (warez), pirated music and web sites whose primary business is web advertisement.
On-line subscription
CLIENT makes an on-line, paperless subscription for the services. CLIENT acknowledges that all the information he/she submits on-line is true and correct to the best of his/her knowledge. CLIENT agrees that the act of submitting his subscription form on-line is equivalent to his/her signature. PROVIDER will bill according to the billing period unless a cancellation in writing is received.
Price change
PROVIDER has the right to change the price of the services to reflect a change in the cost of the service, or other reasons. In case of price change, PROVIDER will issue a 30 day advanced notice by posting the new prices on it's website.
Start of services
Services will typically start on the same business day on PROVIDER's site. Domain registration may take longer.
Quality of Services
Although the PROVIDER will make the best efforts to provide quality and uninterrupted services this is not guaranteed unless specifically stated by the plan subscribed to. In the event of service interruption, guaranteed plan subscribers will be credited an amount equal to the number of hours that service was interrupted multiplied by the prorated hourly service fee (service fee divided by the number of hours in subscribed billing period). PROVIDER will not be responsible for any damages a service interruption may cause to the Client. Furthermore PROVIDER will not censor any content on INTERNET. It will be CLIENT's responsibility for the usage of his account and any consequences of this usage.
Fees
CLIENT agrees to pay all service fees including but not limited to design fees, development fees, consutling fees, setup fees, monthly fees, heavy traffic fees (if any) and excessive space fees (if any). The setup fee and first month fee is due upon the signature of any hosting agreement. PROVIDER will also bill CLIENT for any additional usage (disk space, bandwidth, additional domains, and other EXTRA FEATURES) fees that are due.
Domain name registration
PROVIDER will register the domain name(s) as submitted in the subscription forms. First year registration fee for one domain may be included in some plans. CLIENT agrees to pay the registration fees for the domain(s) thereafter. CLIENT agrees to pay the registration fee for the first year in case he cancels the service before the expiration of the first year.
Termination of Services
PROVIDER reserves the right to refuse services to anyone and to terminate existing services with 14 days advance notice for any or no reason; and without advance notice if the CLIENT violates any clause of this agreement. CLIENT has the right to terminate the services at any time with a written notice sent by mail to 111 Corning Rd, Suite 116, Cary, NC 27511 or by eMail to billing@eWeb77.com Both parties agree that there will be no monetary compensation for terminated services regardless of the reason. No refunds. No pro-rate.
Automatic account upgrade
PROVIDER may upgrade with e-mail notice all web hosting accounts, which do not comply with the restrictions of p.5 and p.7 above to metered plans with traffic charges and/or web space charges.
Payments
CLIENT agrees to pay by credit card unless eWeb77 or eVise, Inc. approves payment by other means in writing. CLIENT agrees to provide updated credit card information on-line as may be requested in case his/her card is being declined. CLIENT understands that non-payment will result in automatic "hold" on his/her account. During the hold period the web site will not be accessible. The account will be "reactivated" after payment in full is received. Credit card accounts will be automatically renewed unless notified prior to expiration date of service.
ALL PAYMENTS MADE TO eWeb77 OR EVISE, INC. ARE NON-REFUNDABLE. CLIENT agrees that in the event the CLIENT terminates the project or hosting and therefore this agreement, no refunds will be allowed for any deposits or payments made to eWeb77 or eVise, Inc. In the event that this project is terminated by eWeb77 all deposits and/or payments relating to this project will be refunded.
Late Payment
CLIENT agrees to pay a one time penalty of 6% of the amount due plus $10 per month for delayed payments.
Lawful use of INTERNET
CLIENT agrees to use INTERNET in accordance with the law and with the ethical rules established or to be set up in the future.
No solicitation
CLIENT agrees not to approach PROVIDER's employees with proposals to hire them as his own employees or contractors. If CLIENT were to hire any of PROVIDER's employees, CLIENT agrees to pay PROVIDER for each employee thus hired the greater amount of: three years salary for that employee as CLIENT is to pay such employee, or $200 000.
LIMITED LIABILITY
PROVIDER SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE PRODUCT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF USE, LOST DATA, PHONE BILLS, COMMUNICATION LINES BILLS, LOSS OF PRIVACY, DAMAGES TO THIRD PARTY EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIMS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE OR OTHERWISE. FURTHER, PROVIDER WILL NOT CENSOR ANY CONTENT ON THE INTERNET. IT WILL BE CLIENT'S RESPONSIBILITY FOR THE USAGE OF HIS ACCOUNT AND ANY CONSEQUENCES OF THIS USAGE.
Indemnification
CLIENT shall indemnify, defend by counsel reasonably accepted by PROVIDER, protect and hold PROVIDER harmless from and against any and all claims, liabilities, losses, costs, damages, expenses, including consultants' and attorneys' fees and court costs, demands, causes of action, or judgments directly or indirectly arising out of or related to the web hosting and other services provided by PROVIDER to the CLIENT.
Security and Integrity of Information
Although PROVIDER implements the latest technology for information protection there is no guarantee that the information on Internet is absolutely secured or never may be destroyed. CLIENT agrees to keep the PROVIDER harmless in case of loss of information or loss of privacy.
Entire Agreement
This Agreement constitutes the entire understanding and contract between the parties and supersedes any and all prior and contemporaneous, oral or written representations, communications, understandings and agreements between the parties with respect to the subject matter hereof, all of which representations, communications, understandings and agreements are hereby canceled to the extent they are not specifically merged herein. The parties acknowledge and agree that neither of the parties is entering into this Agreement on the basis of any representations or promises not expressly contained herein.
Modification
This Agreement shall not be modified, amended, canceled or in any way altered, nor may it be modified by custom and usage of trade or course of dealing, except by an instrument in writing and signed by both of the parties hereto.
Waiver
Performance of any obligation required of a party hereunder may be waived only by a written waiver signed by the other party, which waiver shall be effective only with respect to the specific obligation described therein. The waiver by either party hereto of a breach of any provision of this Agreement by the other shall not operate or be construed as a waiver of any subsequent breach of the same provision or any other provision of this Agreement.
Severability
If any provision of this Agreement shall be unlawful, void, or for any reason, unenforceable, it shall be deemed severable from, and shall in no way affect the validity or enforceability of, the remaining provisions of this Agreement, which shall remain valid and enforceable according to its terms.
Governing Law
This Agreement was entered into in the State of North Carolina and its validity, construction, interpretation and legal effect shall be governed by the laws and judicial decisions of the State of North Carolina applicable to contracts entered into and performed entirely within the State of North Carolina.
Authority to Execute
Each of the parties to this Agreement represents and warrants that it has full power to enter into this Agreement and that it hasn't assigned, encumbered, or in any manner transferred all or any portion of the claims covered by this Agreement.
Benefit of Successors and Assigns
This Agreement shall be binding upon and inure to the benefit of each of the parties hereto, and except as otherwise provided herein, their respective legal successors and permitted assigns.
Cumulative Remedies
Except as specifically provided herein, no remedy made available to either party hereunder is intended to be exclusive of any other remedy provided hereunder or available at law or in equity.
No Partnership or Agency
Nothing in this Agreement shall be construed as creating a joint venture, partnership, agency, employment relationship, franchise relationship or taxable entity between the parties, nor shall either party have the right, power or authority to create any obligations or duty, express or implied, on behalf of the other party hereto, it being understood that the parties are independent contractors vis-а-vis one another.
No Third Party Beneficiaries
Nothing contained in this Agreement, express or implied, shall be deemed to confer any rights or remedies upon, nor obligate any of the parties hereto, to any person or entity other than such parties, unless so stated to the contrary.
Excused Performances
Provider shall not be deemed to be in default of or to have breached any provision of this Agreement as a result of any delay, failure in performance or interruption of the Services, resulting directly or indirectly from acts of God, acts of civil or military authority, civil disturbance, war, strikes or other labor disputes and disturbances, fire, transportation contingencies, shortages of facilities, fuel, energy, labor or materials, or laws, regulations, acts or order of any government agency or official thereof, other catastrophes, or any other circumstances beyond Provider's reasonable control. In the event of any such delay or failure, performance of the Services shall be deferred to a date and time mutually agreeable by the parties.
Counterparts
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
Captions
The section headings and captions contained herein are for reference purposes and convenience only and shall not in any way affect the meaning or interpretation of this Agreement.
Gender
Where the context so requires, the masculine gender shall include the feminine or neuter, and the singular shall include the plural and the plural the singular.
Recitals
The recitals above set forth are incorporated herein by reference.
Arbitration
Any dispute arising under this agreement shall be resolved by binding arbitration in the city of Raleigh, North Carolina and under the rules of the American Arbitration Association.
