THIS AGREEMENT is made and entered into day ______ day of
_______, 19___, by and between:
NetServe Inc. (hereinafter referred to as "NetServe") and
City, St, Zip: ___________________________________
Domain name: __________________________________
The parties hereto do hereby agree as follows:
1. SERVICE DESCRIPTION
As an Internet World Wide Web service provider, NetServe provides a
dedicated virtual server computer that is integrated into the Internet. The virtual server
computer will send and receive information as related to the World Wide Web. Customer
wishes to connect to and utilize the hardware and software facilities of NetServe to
establish an Internet web site.
2. SERVICE USAGE
A. User Parameters: The agreement hereby is intended to cover one web
site only, and is for the sole use of the customer specifically named above and does not
extend to any other person or entity. Customer may resell to third parties but is
responsible for the content and is bound by the terms under this contract.
B. Legal Parameters: This service may only be utilized only for lawful
purposes, and the usage of the service in connection with or adjunct to any matter or
thing which violates any municipal, state or federal statute or regulation is prohibited.
Customer agrees to indemnify and hold harmless NetServe from and against any and all
claims, actions, causes of actions, losses or damages (including legal fees) arising from
the usage by Customer of the service in violation of this paragraph.
C. Unilateral Service Revocation: In the event that NetServe may at any
time believe that the service is being utilized by the Customer in contravention with the
terms and provisions of Sections A or B above, NetServe may immediately discontinue such
service to Customer without liability other than the refund of unearned prepaid service
3. NO WARRANTIES
With respect to the service to be provided hereunder, Customer
acknowledges that NetServe makes absolutely no warranties whatsoever, express or implied.
As a result, Customer agrees that NetServe shall not be liable to Customer for any claims
or damages which may be suffered by Customer, including, but not limited to, losses or
damages resulting from the loss of data as the result of delays, non-deliveries, or
service interruptions caused by the fault or negligence of NetServe.
4. USE OF INFORMATION
The utilization of any data or information received by Customer from
the utilization of the service to be provided by NetServe is at Customer's sole and
absolute risk. NetServe specifically disclaims and denies any responsibility for the
completeness, accuracy or quality of information obtained through the services to be
5. DOMAIN NAME:
If NetServe shall acquire an Internet Domain Name on behalf of the
Customer, then in such case the Customer hereby waives any and all claims which it may
have against NetServe, for any loss, damage, claim or expense arising out of or in
relation to the 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 the providing of this service
by NetServe for any reason.
6. SERVICE FEES AND INVOICING:
Invoicing for website will be billed a minimum of six months in
advance, or annually with payments of the service fee for through the end of the 6 month
or annual period due upon inception. In the event that Customer shall fail to pay for such
services in advance of that 6 month period or annually, then NetServe shall be entitled to
unilaterally terminate this agreement, in which case the provisions of paragraphs 2, 3, 4
and 5 shall continue in full force and effect, and/or, at its sole discretion, NetServe
may discontinue or suspend service to Customer until payment is made. Any service
disconnection or suspension shall require a $45 re-connect fee. Initial service and set-up
fees are as follows:
Monthly Web Site Services through _____________ of 19____:
At the charge of $ ___________ per month.
One time setup fee: $ 45.00
TOTAL DUE AT INCEPTION: ______________
Additional fees, if applicable, will be billed after the end of every
Disk space of ______MB is allowed per web site. Additional disk space
is available for $1.50 per MB per month.
Data transfer ______MB per month. Additional data transfer is available
at $.15 per MB.
Customer understands that renewal will occur automatically at the end
of this period under the same terms, unless NetServe receives express written notification
of cancellation 7 days in advance of the renewal date, and that Customer is responsible
for any and all fees assessed due to Customer's failure to notify NetServe of
All support inquiries are to be initiated via email to:
firstname.lastname@example.org. NetServe will make a diligent effort to resolve any problem related to
NetServe hardware or supporting software immediately. Only after all email inquiries have
failed, will NetServe provide support via telephone.
7. CHANGES IN TERMS OF AGREEMENT
NetServe reserves the right to make changes the above terms and
conditions of this agreement upon thirty (30) days 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 prepaid.
Utilization of the service by the Customer following the effective date of such change
shall constitute acceptance by Customer of such change(s).
8. ENTIRE AGREEMENT AND SEVERABILITY
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 of 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 into this agreement for the
person or entity herein named as a party hereto.