|
This HTML Doctors Service Agreement (the "Agreement") governs the
terms of the use by the Client of services offered by HTML
Doctors.
The Client agrees to receive access to the services according
to the following terms and conditions:
1. Selection of Services. The Client will select hosting
services offered by HTML Doctors to create the services
bundle for himself, and agree to receive services according
to the services selected, and agrees to pay for the services
provided.
2.1. Payment for Services. The Client will pay for services
provided under this Agreement by check, money order, cashiers
check, cash or credit card authorization provided to HTML
Doctors. When initiating service, the Client will be charged
for the published setup fee for the created services bundle
as well as monthly charge. The Client will be billed for
services used every month according to HTML Doctors' published
schedule on the nearest business day as the first service
was initiated. If this Agreement is terminated on some other
day than the day of the monthly payment, the Client will
be obligated to pay for the remaining portion of the monthly
service plan for the month in which the service is terminated.
HTML Doctors shall start the rendering services only when
the Client pays the setup fee as well as the monthly charge.
2.2. On every payment operation the Client will be billed:
a) for monthly payments;
b) for exceeded resources, which were ordered in advance;
c) if in the middle of the payment cycle the Client orders
a new service, the first month he will be obligated to pay
the payment of that service in full for service that month.
2.3. If payment is not made within ten days past the due
date, HTML Doctors may discontinue rendering services.
2.4. HTML Doctors will promptly inform the Client by E-mail
about the inability to recover payment.
2.5. If services were discontinued, HTML Doctors will send
E-mal instructions to the client regarding resumption of
service.
3.1. Terms and validity of the Agreement. This Agreement
is valid until it is terminated. The Client or HTML Doctors
may terminate the Agreement at any time without any cause
by giving the affected party 72 hours notice.
3.2. HTML Doctors can change the terms of the Agreement
at any time after giving the Client thirty days notice by
E-mail. If the Client does not accept the revised terms,
he may terminate the agreement at any time. His continued
usage of HTML Doctors services constitutes acceptance of
the revised terms.
3.3. HTML Doctors can assign its rights and obligations
to third parties ten days after giving the Client E-mail
notification.
3.4. The Client has no right to resell the services provided
by HTML Doctors without express written permission.
4. Compliance with Law. The Client will use the services
offered by HTML Doctors in a manner consistent with all
applicable Client's local and state laws, federal laws and
international law.
5. Prohibition of Certain Publications and Activities
5.1. Prohibition of Publication of Certain Material. The
Client shall not knowingly or unknowingly submit to HTML
Doctors for publication any material which would (including
pictures, links, or any other content):
a) violate any criminal laws or any rights of any third
parties, including, but not limited to, such violations
as infringement or misappropriation of any copyright, patent,
trademark, trade secret, music, image, or other property
right, false advertising, unfair competition, defamation,
business or personal dispute or argument, invasion of privacy
or rights of celebrity, violation of any anti discrimination
law or regulation, or any other right of any person or entity,
or any personal or business argument or dispute;
b) contain any material that is: unlawful, harmful, fraudulent,
threatening, abusive, harassing, defamatory, vulgar, obscene,
profane, hateful, racially, disputatiously, argumentatively
or otherwise objectionable, including, without limitation,
any material that encourage conduct that would constitute
a criminal offense, give rise to civil liability, or otherwise
violate any applicable local, state, national or international
law.
Due to the public nature of the Internet, all material submitted
by the Client for publication will be considered publicly
accessible. HTML Doctors does not screen in advance Client's
material submitted to HTML Doctors for publication. HTML
Doctors' publication of the material submitted by the Client
does not create any express or implied approval by HTML
Doctors of such material, nor does it indicate that such
material complies with the terms of this Agreement.
5.2. Prohibition of Certain Activities. The Client shall
not:
a) send unsolicited commercial messages or communications
in any form ("SPAM");
b) send or post harassing, abusive, libelous or obscene
materials or assist in any similar activities related thereto;
c) intentionally omit, delete, forge or misrepresent transmission
information, including headers, return mailing and Internet
protocol addresses;
d) assist or permit any persons in engaging in any of the
activities described above. If Customer becomes aware of
any Prohibited Activities, Customer will use best efforts
to remedy such Prohibited Activities immediately.
5.3. Complaint Process. HTML Doctors sometimes receives
(at abuse@htmldoctors.com) written complaints from third
parties regarding Prohibited Activities allegedly being
conducted by the Client. HTML Doctors will take the following
actions to resolve each Complaint received by HTML Doctors:
First Warning. Upon receipt of the initial complaint from
a third party regarding Prohibited Activity by the Client,
HTML Doctors will e-mail the "First Warning" to
the Client so that the Client can identify and remedy the
Prohibited Activity.
Second Warning. Upon receipt of a second complaint related
to the same or similar Prohibited Activity of the Client,
HTML Doctors will e-mail the "Second Warning"
to the Client and request that the Client responds with
an explanation and timeline of the actions to be taken by
the Client to remedy Prohibited Activity. In the event that
the Client does not respond to HTML Doctors e-mail and remedy
the Prohibited Activity within ten (10) business days, HTML
Doctors will bill the Client $100 penalty in the following
month
Third Warning. Upon receipt of a third complaint after the
date of the Second Warning related to the same or similar
Prohibited Activity of the Client, HTML Doctors will e-mail
the "Third Warning" to the Client and request
again that the Prohibited Activity cease immediately. In
the event that the Prohibited Activity does not cease within
five (5) business days, HTML Doctors will remove Client's
account and will only resume providing service when it receives
adequate assurances that such activity will not continue.
HTML Doctors will also bill the Client $250 penalty.
6. DISCLAIMER OF WARRANTIES. HTML Doctors' SERVICE IS PROVIDED
ON AN "AS IS, AS AVAILABLE" BASIS. HTML Doctors
SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED,
INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITEED BY
APPLICABLE LAW, IN NO EVENT AND UNDER NO LEGAL THEORY SHALL
HTML Doctors BE LIABLE TO THE CLIENT FOR ANY BUSINESS LOSS,
REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE
PRODUCTS/SERVICES, OR FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL,
INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING
OUT OF THE USE OF, OR INABILITY TO USE, ANY OF HTML Doctors'
SERVICES, EVEN IF HTML Doctors HAS BEEN ADVISED BY CLIENT
OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IF
HTML Doctors' SERVICE TO CLIENT IS DISRUPTED OR MALFUNCTIONS
FOR ANY REASON, HTML Doctors SHALL NOT BE RESPONSIBLE FOR
LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE, BEYOND THE
FEES PAID BY CLIENT TO HTML Doctors FOR SERVICES, DURING
THE PERIOD OF DISRUPTION OF MALFUNCTION.
7. Limitation/Disclaimer of Liability. HTML Doctors is
not liable for protection or privacy of electronic mail
or other information transferred through the Internet or
any other network provider or its customers may utilize.
HTML Doctors does not represent or warrant to the Client
that Client will receive continual and uninterrupted service
during the term of this Agreement. In no event shall HTML
Doctors be liable to the Client for any damages resulting
from or related to any failure or delay of HTML Doctors
to provide service under this Agreement if such delays or
failures are due to strikes, riots, fire, inclement weather,
acts of God, theft or vandalism or other causes beyond HTML
Doctors' control, as defined by standard practices in the
industry. Such failure or delay shall not constitute a default
under this Agreement.
8. Indemnity. The Client agrees to defend, indemnify and
hold HTML Doctors harmless from and against any and all
claims, losses, liabilities and expenses (including attorneys'
fees) related to or arising out of the services provided
by HTML Doctors to the Client under this Agreement, including
without any limitation of the claims made by the third parties
(including the customers of the Client) related to any false
advertising claims, liability claims for products or services
sold by the Client, claims for patent, copyright or trademark
infringement, claims due to disruption or malfunction of
services provided hereunder, or for any content submitted
by the Client for publication by HTML Doctors, but excluding
those related to the negligence of HTML Doctors.
9. Relationship of the Parties. The parties intend that
an independent contractor relationship will be created by
this contract, and that no partnership, joint venture or
employee/employer relationship is intended.
10. Taxes. If any federal, state or local governmental
entity with taxing authority over the services provided
under this Agreement imposes a tax directly on the services
provided by HTML Doctors to the Client under this Agreement
(excluding any income, business and occupation, capital
gain, death or inheritance, or other indirect taxes), then
HTML Doctors may pass the direct amount of such cost on
to the Client, and He shall promptly pay such cost.
11. Waiver. Any party's failure to insist on compliance
or enforcement of any provision of this Agreement shall
not affect its validity or enforceability or constitute
a waiver of future enforcement of that provision or of any
other provision of this Agreement.
12. Attorneys' Fees. If a legal proceeding is commenced
to enforce or obtain a declaration of rights under this
Agreement, the prevailing party in such proceeding shall
be entitled to recover its reasonable attorneys' fees and
costs incurred in the proceeding from the non prevailing
party, as well as any reasonable attorneys' fees and costs
that the prevailing party incurred prior to commencing the
proceeding.
13. IP Addresses. HTML Doctors maintains control and any
ownership of any and all IP numbers and addresses that may
be assigned to Client and reserves in its sole discretion
the right to change or remove any and all IP numbers and
addresses.
14. HTML Doctors may, with 30 days written notice by E-mail,
amend the rates and or charges for any future server usage
and/or services.
|
