Terms of Service
Customer's access and/or login into their respective personal
accounts shall be deemed as acceptance of the agreed upon terms and
conditions stated above.
This agreement represents the complete agreement and understanding
between PunNet, Inc. ("PunNet") and our Customer and supersedes any
other written or oral agreement. Upon notice published on-line
PunNet may modify the terms and conditions contained herein and may
discontinue or change the services offered in the event of
Customer's failure to comply with the following provisions.
1. SERVICE. PunNet, 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 desires to connect to and
utilize the software and hardware facilities of PunNet to establish
a Web Site. The use of any data or material by the Customer via the
service provided by PunNet is at the Customer's sole and absolute
risk. PunNet specifically disclaims and denies any responsibility
for the completeness and/or accuracy of quality of any and all
information obtained through the services to be provided hereby.
2. USE OF SERVICE. This agreement hereby is intended for the use of
only one website. 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
agreement.
3. NO WARRANTIES. PunNet will utilize its best efforts to maintain
acceptable performance of the contracted services, but PunNet makes
absolutely no warranties whatsoever, express or implied, including
warranty of merchantability or fitness for a particular purpose.
PunNet cannot guarantee continuous service, service at any
particular time, or integrity of data stored or transmitted via its
system or via the Internet. PunNet will not be liable for the
inadvertent disclosure of, or corruption or erasure of, date
transmitted or received or stored on its system. PunNet shall not be
liable to Customer or any of its customers for any claims or damages
which may be suffered by Customer or its customers, including, but
not limited to, losses or damages of any and every nature, resulting
from the loss of data, inability to access Internet, or inability to
transmit or receive information, caused by, or resulting from,
delays, nondeliveries, or service interruptions whether or not
caused by the fault or negligence of PunNet.
4. INDEMNIFICATION. Customer agrees that it shall defend, indemnify,
save and hold harmless from any and all demands, liabilities,
losses, costs, claims, including reasonable attorney's fees,
("Liabilities") against PunNet, its agents, its customers, servants,
officers, employees, that may arise or result from any services
provided, performed or agreed to be performed or any product sold by
Customer, its agents, employees or assigns. Customer agrees to
defend, indemnify and hold harmless PunNet against Liabilities
arising out of any injury to person or property caused by any
products sold or distributed in connection with PunNet's server; and
material supplied by Customer infringing or allegedly infringing on
the proprietary rights of a third party; copyright infringement and
any defective product which Customer sold on PunNet's Server. As a
result of this, Customer agrees that PunNet 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 data resulting from
delays, non deliveries, or service interruptions caused by the fault
or negligence of PunNet. Notwithstanding the above mentioned,
Customer's exclusive remedies, damages, losses and causes of actions
shall not exceed the aggregate dollar amount which Customer paid
during the term of this Agreement.
5. DOMAIN NAME. PunNet will acquire, at the request of the Customer,
an Internet Domain Name on behalf of the Customer. In such
case the Customer hereby waives any and all claims which it may have
against PunNet for any loss, damage, claim or expense arising out
of, or in relation to, 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 services by Net
for any reason. Any costs incurred by PunNet in obtaining or
maintaining a domain name for Customer or its customers shall be at
the expense of the Customer.
6. INVOICING AND SERVICE FEES. Invoicing for web site shall be as
follows: Customer shall be billed in accordance with the above
stated terms, unless otherwise agreed upon. Payments of the service
fee will be done upon inception (sign-up 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 PunNet reserves the right, in
its sole, absolute and unfettered discretion, to terminate this
agreement and discontinue service to Customer without notice or
liability for actual compensatory or consequential damages to
Customer for the interruption in service. PunNet shall be entitled
to unilaterally terminate this agreement, in which case the
provisions of paragraph 1,2, 3, 4, and 5 shall continue in full
force and effect, and/or, at its sole discretion, PunNet may
discontinue or suspend service to Customer until payment is made.
Any service disconnection or suspension will result in the
requirement of a re-connect fee which shall be the same as the
set-up fee as described in the attached annex. Initial service and
set-up fees shall be in accordance with the attached annex. All
support inquiries are to be initialed via our Online Trouble Ticket
System (http://www.punnet.com/cgi-bin/support/ttx.pl?cmd=newticket&sid=&style=).
PunNet will make a diligent effort to resolve any problems related
to PunNet hardware or supporting software. Only once all email
inquires have failed, will PunNet provide support via telephone.
7. 30 DAY-MONEY BACK GUARANTEE. The 30 day money-back shall apply
only to the refund of the agreed upon monthly plan fees and shall
exclude, without limitation, the refund of any or all set-up fees,
service fees, transfer fees, domain registration fees,
design/development fees, software purchase fees, and any promotional
discounts, etc. ONLY web hosting monthly fees are refundable.
Customers will be automatic charged non-refundable additional fees,
in the event that the Customer is in excessive use of the agreed
upon services, including but not limited to the use of additional
bandwidth, file transfers in excess of plan limits, mega bite space.
8. CANCELLATIONS. All cancellation in accordance with the terms and
conditions contained herein must be submitted in writing via E-Mail
or Customer may submit request for cancellation in writing via
registered mail. All Customer accounts must be paid in full before
the transaction will be considered complete.
9. TAXES. Customer shall be responsible for paying all taxes of any
nature which except for taxes on PunNet's income, irrespective of
which party may be responsible for reporting or collecting such
taxes.
10. MODIFICATIONS. PunNet reserves the right to make changes to any
of the above terms and conditions of this agreement upon thirty (30)
day 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).
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 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 in to this agreement
for the person or entitle herein named as a party hereto. This
agreement shall be construed and interpreted pursuant to the law of
the state of New York.
12. RESTRICTIVE USE. The Customer may only use PunNet's services for
lawful purposes. In the event that at any given time, PunNet
believes that the service is being used by the Customer in
contravention with any of the terms and provisions contained in this
Agreement, PunNet has the right to immediately discontinue such
service to Customer without liability other than to refund any
unearned prepaid service fees. The following are restrictive uses
and shall be cause for the immediate termination of web services and
this Agreement without notice to the Customer:
a. Unauthorized distribution or copying copyrighted software,
violation of US export restrictions, embarrassment, fraud,
trafficking in obscene material, drug dealing, and other illegal
activities; b. Unsolicited advertising via email and/or "Spamming"
is a violation of State and Federal Law and is otherwise a violation
of this agreement. Such prohibited conduct subjects Customer to
immediate cessation of service as provided herein and the
termination of this agreement without notice. PunNet reserves the
right to report such illegal activities to any and all regulatory,
administrative and/or governmental authorities for appropriate
prosecution. In addition, PunNet will charge One Dollar ($1.00) per
email recipient for any such activity; c. Using a non-existing email
return address on a commercial solicitation, spamming (sending
unsolicited advertising to numerous email addresses or newsgroups
and/or generating a significantly higher volume of outgoing email
than a normal user), trolling (posting outrageous messages to
generate numerous responses, mailbombing (sending multiple messages
without significant new content to the same user), subscribing
someone else to a mailing list without that person's permission,
cross-posting articles to an excessive number of newsgroups, or
attempting without authorization to enter into a secured computer
system. PunNet reserves the right to determine what is Net abuse; d.
Tortuous conduct such as posting of defamatory, libelous,
scandalous, or private information about a person without their
consent, intentionally inflicting emotional distress, or violating
trademarks, copyright, or other intellectual property rights; e.
MUDDS, Listservers or any other Internet application that are not
Website specific, are specifically prohibited, such sites are
subject to additional setup and hosting fees as provided in
paragraph six (6) herein; f. Any other misuses of the system
resources, such as employing posts or program which consume
excessive CPU time or storage space, permitting use of mailservices,
mail forwarding capabilities, POP accounts, or autoresponders other
than for the customer's accounts, or resale of access to CGI scripts
installed on our servers.
