THIS AGREEMENT is
made and entered into this day and is by and between: Stonedom,
Cedar Creek Texas with its principal place of business
at 182 Clover Rd, Cedar Creek, TX 78612, (hereinafter referred to
as "stonedom.com") and with its place of business for the
purpose of this agreement at: (hereinafter referred to as the
"CUSTOMER"). The parties hereto do hereby agree as
follows:
1. DESCRIPTION OF SERVICE
stonedom.com, as an Internet World Wide Web service provider,
provides a dedicated server computer that is integrated into the
Internet. This server computer sends and receives information as
related to the World Wide Web. CUSTOMER wishes to connect to and
utilize the software and hardware facilities of stonedom.com to
establish an Internet Web Site.
2. USE OF SERVICE
A. User Parameters: The
agreement hereby is intended to cover only one web site. It is
for the exclusive use of the customer specifically named above
and does not extend to any other person or entity. CUSTOMER
may resell, if desired, to third parties but is responsible
for the content and is bound by the terms under this contract.
B. Legal Parameters: This
service is to be utilized solely for lawful purposes, and use
of the service in connection with or adjunct to any matter or
thing which violates any municipal, state of federal statute
or regulation is prohibited. CUSTOMER agrees to indemnify and
hold harmless stonedom.com from and against any and all claims,
actions, causes of actions, losses or damages (including legal
fees) which may arise from the usage by the CUSTOMER in
violation of this paragraph.
C. Unilateral Service
Revocation: In the event that at any given time, stonedom.com
believes that the service is being used by the CUSTOMER in
contravention with the terms and provisions of sections A or B
above, stonedom.com has the right to immediately discontinue such
service to CUSTOMER without liability other than to refund any
unearned prepaid service fees. The CUSTOMER agrees not to
publish and/or disseminate any libelous and/or defamatory
information through its Website which might expose stonedom.com
or
its Officers, Directors, Shareholders, Employees and/or Agents
to liability. In the event that stonedom.com either on its own
initiative or following a third party complaint learns of
defamatory information being published via its dedicated
server computers, then, in such event, stonedom.com reserves the
right to terminate the website service and this Internet Web
Service Contract without notice to the CUSTOMER. In such
event, stonedom.com's liability to the CUSTOMER shall be limited
to the prorated service fees accruing from the date of
interruption of service until the commencement of the next
billing cycle.
3. NO WARRANTIES: In reference
to the service which will be provided hereunder, CUSTOMER
acknowledges that stonedom.com does not make any warranties,
expressed or implied, under any circumstances. As a result of
this, CUSTOMER agrees that stonedom.com shall not be liable to
CUSTOMER for any claims of actual, compensatory and/or
consequential damages which may be suffered by CUSTOMER,
including, but not limited to, losses or damages due to the loss
of data resulting from delays, nondeliveries, or service
interruptions caused by the fault or negligence of stonedom.com. In
the event that stonedom.com shall breach this Internet Web Service
Contract its liability to CUSTOMER shall be limited to three (3)
months service charges to CUSTOMER.
4. INFORMATION USAGE: The use
of any data or material which CUSTOMER receives from the service
provided by stonedom.com is at CUSTOMER'S sole and absolute risk.
stonedom.com specifically disclaims and denies any responsibility
for the completeness, or accuracy of quality of any and all
information obtained through the services to be provided hereby.
5. DOMAIN NAME: Should
stonedom.com acquire an Internet Domain Name on the CUSTOMER'S
behalf, then in such case the CUSTOMER hereby waives any and all
claims which it may have against stonedom.com for any loss, damage,
claim or expense arising out of or in relation to the
registration of such Domain Name from such directories or lists
following the termination of the providing of this service by stonedom.com
for any reason.
6. INVOICING AND SERVICE FEES:
Invoicing for web site shall be as follows: CUSTOMER will be
billed for a minimum of three (3) months service in advance.
Payments of the service fee through the end of the 3 month
period will be done upon inception (Signup Date) . 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 stonedom.com
reserves the right, in its sole, absolute and
unfettered discretion, to terminate this Internet Web Service
Contract and discontinue service to CUSTOMER without notice or
liability for actual, compensatory or consequential damages to
CUSTOMER for the interruption in service. stonedom.com 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, stonedom.com may
discontinue or suspend service to CUSTOMER until payment is
made. Any service disconnection or suspension will result in the
requirement of a twenty dollar re-connect fee. Additional
data transfer is available at 8 cents per MB. All support
inquiries are to be initiated via email to: support@stonedom.com.
stonedom.com will make a diligent effort to resolve any problems
related to stonedom.com's hardware or supporting software. Only once
all email inquiries have failed, will stonedom.com provide support
via telephone.
7. CHANGES IN TERMS OF
AGREEMENT: stonedom.com reserves the right to make changes to any of
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 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).
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
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 into this agreement for the person or entity herein named
as a party hereto. This Agreement shall be construed and
interpreted pursuant to the laws of the State of Florida. Venue
of any action arising out of this Agreement or any modifications
thereto shall be in the Circuit Court in and for Broward County,
Florida.
9. CUSTOMER ADDENDUM -
UNAUTHORIZED USE OF stonedom.com SERVICES Anyone using stonedom.com
services for the following unauthorized activities are subject
to the following terms and conditions. ANYONE using any stonedom.com
service without authority will be billed accordingly.
A. Unsolicited advertising
or UBE via E-Mail and/or "Spamming" is a violation
of State and Federal Law and is otherwise violative of this
Internet Web Service Contract. Such prohibited conduct
subjects CUSTOMER to immediate cessation of service as
provided herein and the termination of this contract without
notice. stonedom.com reserves the right to report such illegal
activities to any and all regulatory, administrative and/or
governmental authorities for appropriate prosecution.
B. The use of any
stonedom.com Domain Name Server to register a domain name without the
expressed authorization of stonedom.com is strictly prohibited and
shall subject CUSTOMER to a US fifty dollar charge per
additional domain name and/or the termination of the Internet
Web Service Contract.
C.
IRC, Chat Rooms, MUDDS, Listservers,
or any other Internet applications that are not Website
specific, are specifically prohibited and can be subject to
immediate termination unless specifically arranged for by the
customer and Stonedom.
D. INTERNIC
Registrations/Modifies: The stonedom.com online order form and
other domain name registration/modify forms only submit a
request to the Network Solutions to register or modify the
domain name. It is the CUSTOMER'S responsibility to make
sure the domain name registrations or transfers take place
and/or to forward the Internic tracking numbers to stonedom.com
personnel to have the domain name registration/modify
expedited.
Send Mail to support@stonedom.com
for Web Site Assistance.