| This Registration Agreement ("Agreement")
sets forth the terms and conditions of your use of “Easylink
Web Solutions” (Planet4domains) web hosting services
to host Web Sites & Dedicated Servers between “Easylink
Web Solutions” (Planet4domains) and the "applicant".
1.0 Definitions.
1.1 "Client Data" means all supporting data
files and data structures provided by the Client for
its Dedicated Server/web space.
1.2 "Dedicated Server/webspace" means the
server space and software services provided to the Client
including but not limited to the HTTP service ,FTP service,
SMTP service, POP service, server extensions, third-party
software.
1.3 "Physical Server" means the serving computers,
hardware and operating -system, and software necessary
to operate and support the Dedicated Server/Webspace
in accordance with this Agreement.
2.0 Scope of Services.
2.1 Physical Server Hardware and Software Services.
“Easylink Web Solutions” (Planet4domains)
will provide the Physical Servers/Webspace and other
computer and operating system software to operate and
support the Dedicated Server/Webspace in a manner acceptable
in the industry.Although “Easylink Web Solutions”
(Planet4domains) will make reasonable efforts to protect
and backup data for Client on a regular basis, “Easylink
Web Solutions” (Planet4domains) is not responsible
for the Client Data residing on the Dedicated Server/Webspace.
Client is ultimately and solely responsible for the
backup of Client Data stored on “DotSolutions”
(Planet4domains) Dedicated Server/Webspace.
2.2 Physical Server Set-Up and Updating. “Easylink
Web Solutions”(Planet4domains) owns the physical
server. “Easylink Web Solutions”(Planet4domains)
will configure the Dedicated Server/ Webspace, and Client
will load the Client Data onto the server computers
so as to create a fully functional Internet presence.
After the Dedicated Server/Webspace is loaded, set up
with the Client Data, and is fully operational, Client
will be responsible for all website content
management.
2.4 Physical Server Connection and Access. “Easylink
Web Solutions” (“Planet4domains ”) will
provide connection of the Dedicated Server/webspace
to the Internet, including all telecommunications equipment
and connections for the Dedicated Server/Webspace to
provide public access on a 24-hour-a-day, 7-day-a-week
basis, with the exception of scheduled maintenance downtime.
“Easylink Web Solutions”(Planet4domains) will
use its best efforts to provide uninterrupted Physical
Server Connection and Access, except for scheduled maintenance
downtime and any interruption to Physical Server Connection
and Access beyond “Easylink Web Solutions”
(Planet4domains) control caused by, for example, acts
of nature, third-party equipment or transmission failures,
or security breaches.
2.6 Hardware, Equipment and Software. Client is responsible
for and must provide all telephone, computer, hardware
and software equipment and services necessary to access
“Easylink Web Solutions”(Planet4domains).
“Easylink Web Solutions”(Planet4domains) make
no representations, warranties, or assurances that Client's
equipment will be compatible with “Easylink Web
Solutions” (Planet4domains) service.
3.0 Payment Terms.
3.1 Set-Up Fee. Client will pay to “Easylink Web
Solutions”(Planet4domains) a
one-time, non-refundable set-up fee according to “DotSolutions”
(“Planet4domains ” ) current Dedicated Server/webspace
Price Schedule, which is available on “Easylink
Web Solutions””(Planet4domains) home page
(www.planet4domains.com) or upon request.
3.2 Service Fee. Client will pay to “Easylink Web
Solutions”(Planet4domains) a
yearly Service Fee for the services provide by “Easylink
Web Solutions” (“Planet4domains ”) under
this Agreement according to “DotSolutions”
(Planet4domains) current Dedicated Server/webspace Price
Schedule, which is available on “Easylink Web Solutions”(Planet4domains)
home page or upon request. The Service Fee is billed
to the Client at the beginning of each month and is
due on the date as decided in which the Service Fee
is billed. The Service Fee is subject to adjustment,
with notice, according to the current Dedicated Server/webspace
Price Schedule.
3.3 Contract Length and Cancellation. The minimum contract
period for a Dedicated Server/webspace is based on a
one year term. In the event Client cancels service,
Client will be required to pay 75% of the yearly recurring
fee for the equipment rental space, for each month remaining
in the term.
3.4 Breach. Upon a breach of the agreement pursuant
to clause 6.4, “Easylink Web Solutions ” (Planet4domains)
reserves the right to terminate service to Client.In
the event “Easylink Web Solutions” (Planet4domains)
terminates service to Client because of a breach by
Client, Client will be charged in full for the entire
year in which the breach occurred.
3.5 Tax. These fees are exclusive of any and all federal,
state, and local sales, use, value added, excise, duty
and any other taxes assessed with respect to the services
provided under this Agreement, except that Client's
income taxes and any sales or similar taxes on the sale
of the Client products and services to end users shall
be the sole responsibility of the Client. “Easylink
Web Solutions” (Planet4domains) has all the rights
to change the fee without any notice.
4.0 Representations and Warranties.
4.1 Compliance with Law. Client represent and warrant
that Client will comply with all applicable state and
federal laws Client's performance of this Agreement
and in the use and operation of the Dedicated Server/webspace,
including laws governing technology, software and trade
secrets.
4.2 Authority to Contract. Client represent and warrant
that Client has full authority and right to enter into
this Agreement and that there are no conflicting claims
relating to the rights granted by this Agreement.
4.3 Non-Infringement. Client represent and warrant that
Client's performance of this Agreement and providing
the Web Service, including the software or data files,
shall not infringe the intellectual property or other
proprietary rights of any third party.
4.4 “Easylink Web Solutions”(Planet4domains)
Performance. “DotSolutions” (Planet4domains)
represents and warrants that “Easylink Web Solutions”
(Planet4domains) services shall be performed in a professional
and workmanlike manner, and the computer servers will
be operated in accordance with “Easylink Web Solutions”(Planet4domains)
obligations as defined by this Agreement.
5.0 Disclaimer of Warranties.
5.1 Disclaimer. EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED
ABOVE, “Easylink Web Solutions”(Planet4domains)
MAKE NO WARRANTY RELATING TO THE SUBJECT MATTER OF THIS
AGREEMENT, AND ALL SERVICES ARE PROVIDED ON AN "AS-IS"
BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED
OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
OR OF NON-INFRINGEMENT.
5.2 Risk of Use. Client expressly agrees that use of
“DotSolutions” (Planet4domains) Dedicated
Server/webspace is at Client's own risk. Neither “Easylink
Web Solutions”(Planet4domains), “DotSolutions”
(Planet4domains) employees, affiliates, agents, third-party
information providers, merchants, licensors or the like,
warrants that “Easylink Web Solutions” (Planet4domains)
service will not be interrupted or error free;nor does
“Easylink Web Solutions”(Planet4domains) make
any warranty as to the results that may be obtained
from the use of “Easylink Web Solutions” (Planet4domains)
service or as to the accuracy, reliability or content
of any information serviced or merchandise contained
in or provided through “DotSolutions” (“Planet4domains
”) service, unless otherwise expressly stated in
this Agreement.
5.3 Limited Liability. Under no circumstances, including
negligence, will “Easylink Web Solutions”
(Planet4domains), “Easylink Web Solutions”(Planet4domains)
officers, agents or anyone else involved in creating,
producing or distributing “Easylink Web Solutions”(Planet4domains)
service be liable for any direct, indirect, incidental,
special or consequential damages that result from the
use of or inability to use “Easylink Web Solutions”(Planet4domains)
service. “DotSolutions” (Planet4domains) will
further not be liable for results from mistakes, omissions,
interruptions, deletions of files, errors, defects,
delays and operation, or transmission or failure of
performance whether or not limited to acts of nature,
communication failure, theft, destruction or unauthorized
access to “Easylink Web Solutions”(Planet4domains)
records, programs or services. Client acknowledge that
this paragraph shall apply to all content on the “Easylink
Web Solutions” (Planet4domains) Dedicated Server/Webspace.
5.4 Remedy. Client's exclusive remedy for all damages,
losses and causes of actions whether in contract or
tort (including negligence or otherwise) will not (a)
exceed the actual 125% amount which Client paid during
the 12-month period prior to the date the cause of action
arose, or (b) include any incidental, consequential,
extemporary or punitive damages of any kind, including
without limitation, loss of data, file, profit, good
will, time, savings or
revenue.
6.0 Term and Termination.
6.1 Termination for Convenience. Subject to Section
3.3, Client may terminate this Agreement at any time
for Client's convenience by providing with advance written
notice; however, Client will be charged for 75% of the
yearly recurring fee for the equipment rental space
for each month remaining in which Client cancels “Easylink
Web Solutions”(Planet4domains) service. No portion
of Client's payment is refundable under this section.
6.2 Breach or Default. The following constitute a breach
or default of this Agreement:
a) Client's failure to pay the year's Service Fee by
the date assigned
by “Easylink Web Solutions”(Planet4domains),
b) Client's violation of Section 8.0,
c) Client's violation of 9.2, or
d) Client's violation of Sections 4.1, 4.2 or 4.3.
6.3 Special Lien on Personal Property. “Easylink
Web Solutions”(Planet4domains) retains a special
lien on all of Clients personal property in “Easylink
Web Solutions”(Planet4domains) possession to secure
any payment amount Client may owe to “Easylink
Web Solutions”(Planet4domains) under this
Agreement.
7.0 Ownership Rights.
7.1 Ownership Rights. “Easylink Web Solutions”(Planet4domains)
acknowledge that all right, title and interest in the
Client Data shall be solely owned by the Client. “Easylink
Web Solutions ”(Planet4domains) owns or has licensed
all server software. In the event that “Easylink
Web Solutions” (Planet4domains) elects, at “Easylink
Web Solutions”(Planet4domains)'s option, to provide
custom software to Client, this software will be licensed
to Client for use only on “Easylink Web Solutions”
(Planet4domains)'s Dedicated Servers on a non-exclusive,royalty-free,
fully-paid basis according to the terms of this Agreement.Client
acknowledges that the physical server, other related
hardware and software are the property of “Easylink
Web Solutions”(Planet4domains).
8.0 Inappropriate Conduct.
8.1 Activities Subject to Immediate Deactivation. Any
Dedicated Server that is used for illegal, abusive or
unethical activities may be immediately deactivated
by “Easylink Web Solutions” (Planet4domains)
without warning to Client. Illegal, abusive or unethical
activities include, but are not limited to, obscenity,
violations of privacy, hacking, computer virus, gambling,
or promotion of gambling, and any harassing or harmful
materials or uses, as determined by “Easylink Web
Solutions”(Planet4domains). Client agrees to indemnify
and hold “Easylink Web Solutions” (Planet4domains)
harmless from any claim resulting from Client's publications
or use of Illegal, Abusive or Unethical materials. Although
“Easylink Web Solutions”(Planet4domains) will
make reasonable efforts to alert Client to such activities
and allow Client an opportunity to cure them within
a 12-hour period after discovery, “Easylink Web
Solutions” (“Planet4domains ”) is not
required to give notice before deactivating Client's
use of “Easylink Web Solutions”(Planet4domains)'s
services if, in “Easylink Web Solutions” (Planet4domains)'s
discretion, Client's use is or results in illegal, abusive
or unethical activities. If a Dedicated Server is disabled,
the regular monthly fees still apply.
9.0 Miscellaneous.
9.1 Public Nature of Internet. Please understand that
all information submitted on the Dedicated Server/webspace
shall be considered publicly accessible. Important and
private information should be protected by Client. For
example, “Easylink Web Solutions”(Planet4domains)
is not liable for protection or privacy of electronic
mail or other information transferred through the Internet
or any other network provider that Client may use.
9.2 Unsolicited Electronic Mail. Client is expressly
prohibited from sending unsolicited bulk mail messages
("junk mail" or "spam"). This includes,
but is not limited to, bulk-mailing of commercial advertising,
information announcements, and political tracts. Such
material may only be sent to those who have specifically
requested it. Malicious or threatening email is also
prohibited. Although “Easylink Web Solutions”(Planet4domains)
will makereasonable efforts to alert Client to such
activities and allow Client an opportunity to cure them
within a 12-hour period after discovery, “Easylink
Web Solutions” (Planet4domains) reserve the right
to immediately deactivate Client's use of “Easylink
Web Solutions”(Planet4domains) service if “Easylink
Web Solutions” (“Planet4domains” ) discover
such activity. Further, Client agree to indemnify and
hold “Easylink Web Solutions”(Planet4domains)
harmless from any claim resulting from Client's use
or distribution of electronic mail services through
the service provided through this Agreement.
9.3 Governing Law and Attorneys' Fees. This Agreement
will be interpreted and applied in accordance with the
laws of the country where the server is hosted, without
regard to the conflicts of law provisions. In any action
or proceeding to enforce rights under this Agreement,
the prevailing party will be entitled to recover costs
and attorneys' fees, whether or not a suit is actually
filed.
9.4 Control and Ownership of IP. “Easylink Web
Solutions”(Planet4domains) maintains and controls
ownership of all IP numbers and addresses that may be
assigned to Client, and “Easylink Web Solutions”(Planet4domains)
reserves, in “Easylink Web Solutions”(Planet4domains)'s
sole discretion, the right to change or remove any and
all IP numbers and addresses
9.5 Resale of Services and Flow-down of Obligations.
Client may resell space on the Dedicated Servers/webspace
but Client must first obligate any such resale to the
same terms of this Agreement and incorporate into that
resale all of “Easylink Web Solutions” (Planet4domains)
rights, including “Easylink Web Solutions”(Planet4domains)
rights regarding content and activity.
9.6 Age. Client certifies that it is at least 18 years
of age.
9.7 Transfer. Client may not transfer or assign this
Agreement without the written consent of “Easylink
Web Solutions”(Planet4domains). |
