THIS AGREEMENT is made and entered into this day
by and between:
NJ Business Exchange Corp., a New Jersey company, (hereinafter referred to as "NJBE"), and
Company:(as defined by log in)
Address:
The parties hereto do hereby agree as follows:
1. SERVICE DESCRIPTION
As an Internet World Wide Web hosting service reseller, NJBE offers access to providers' dedicated server computers that are connected to the Internet. This server computer will send and receive information as related to the World Wide Web as well as other Internet service such as e-mail. Customer wishes to connect to and utilize the hardware and software facilities available through NJBE and to establish an Internet web site.
2. CONTRACT TERM
Customer agrees to an initial service term of 12 months, From date of approval of account.
Customer understands that renewal will occur automatically at the end of this period under the same conditions and service term, unless NJBE receives express written notification of cancellation at least 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 NJBE of cancellation.
3. SERVICE USAGE
A. User Parameters: The agreement hereby is intended to cover one web site only, regardless of the number of registered domain names aliased to that site, 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 still responsible for the content and is bound by the terms under this contract.
B. Legal Parameters: This service may 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 NJBE 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. Acceptable Use Policy: The Customer agrees to the terms of NJBE’s Acceptable Use Policy.
D. Unilateral Service Revocation: In the event that NJBE 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, NJBE, may at its sole discretion, discontinue such service to Customer without liability other than the refund of unearned prepaid service fees.
4. LIMITATION OF LIABILITY
NJBE exercises no control whatsoever over the content of information passing through its network and is not responsible for damages Customer suffers for any reason, including, but not limited to, loss or degradation of data resulting from delays, non-deliveries, wrong deliveries and any and all service interruptions whether caused by the acts and omissions of NJBE and its employees, of Customers or any other party. NJBE makes no representation that it can provide uninterrupted service. Furthermore, NJBE shall have no liabilities other than the credits outlined within, due to interrupted service unless caused by the gross negligence of NJBE. NJBE shall not be liable for acts or omissions of other carriers, equipment failures or modifications, acts of God, strikes, government actions, or other causes beyond its reasonable control, NJBE makes no warranties with respect to the products or services of any kind whatsoever, express or implied, except as specifically provided in this agreement. NJBE shall not be liable to its customer or any third party for any special, punitive, incidental, or consequential damages.
5. MAINTENANCE WINDOW
NJBE maintains specified time periods during which it may perform necessary network, hardware or software maintenance and/or upgrades. These specified time periods are referred to as "Scheduled Maintenance Windows." In the event NJBE plans to bring down the Service or the Equipment during a Scheduled Maintenance Window, NJBE will provide a 24 hour notice to Customer in advance of the Scheduled Maintenance Window. In addition, NJBE reserves the right to perform any required maintenance work outside of the Scheduled Maintenance Window with a minimum of 12 hours notification to Customer. However, Customer understands that at any time NJBE may perform emergency maintenance as needed to preserve the overall integrity of the products and services offered as determined by NJBE with no notice.
Rev012699 |
|
6. SERVICE LEVEL AND SUPPORT GUARANTEE
If the Customer notifies NJBE in writing immediately upon failure to access NJBE’s Services and or Equipment and NJBE determines in its reasonable commercial judgment that the outage has been caused by NJBE, the Customer will receive a credit against its next monthly Invoice. In the event of a service interruption that exceeds one hour in any calendar day, NJBE will grant a credit allowance for that entire day of service, equivalent to 1/30th of the monthly service charge, for the service affected. A service interruption will be deemed to have occurred if Customer is unable to communicate with or access his web site and as a result of failure of NJBE’s facility, equipment or personnel used to provide the service in question, and only where the interruption is not the result of a Scheduled Maintenance Window.
Support inquiries are to be initiated via email to: info@njbe.com , whenever possible, or via phone to: 973-625-2511. NJBE will make a diligent effort to resolve any problem related to NJBE network, hardware or supporting software immediately.
7. USE OF INFORMATION
The utilization of any data or information not originating from NJBE, received by Customer through the utilization of the service provided by NJBE, is at Customer's sole and absolute risk. NJBE specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information received from any third parties, obtained through the services provided hereby.
8. DOMAIN NAME:
If NJBE shall acquire an Internet Domain Name or Names on behalf of the Customer, then in such case the Customer hereby waives any and all claims which it may have against NJBE, for any loss, damage, claim or expense arising out of or in relation to the registration of such Domain Name(s) 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 NJBE for any reason.
Domain name(s):
9. SERVICE FEES AND INVOICING:
Invoicing for hosting services will be billed on an annual basis by NJBE (to be paid Quarterly, except for any setup fees, which are due immediately). In the event that Customer shall fail to pay for such services within 10 days of the billing date, then shall be entitled to unilaterally terminate this agreement, upon written notice to Customer, in which case the provisions of paragraphs 2 through 8 shall continue in full force and effect, and/or, at its sole discretion, NJBE may discontinue or suspend service to Customer upon prior written notice, until payment is made. Any service disconnection or suspension shall require a $50 re-connect fee.
10. CHANGES IN TERMS OF AGREEMENT
NJBE reserves the right to make changes in the above terms and conditions of this agreement upon thirty (30) days written notice to Customer, advising of the changes and the effective date thereof, but with changes in monthly service fees being effective only at the end of any month or quarter for which Customer has prepaid. If Customer does not agree to any of the proposed changes, both parties agree that the current contract will be considered terminated at that time. Utilization of the service by the Customer following the effective date of such change shall constitute acceptance by Customer of such change(s).
11. 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.
CUSTOMER:
By: ___________________Date: ___________
By: ___________________Date: ___________
New Jersey Business Exchange Corp
By: ___________________Date: ___________ |