Terms and Conditions.
Budget Hosting Service Agreement
Please read this agreement in its entirety. All users of our service will be bound by this agreement. This User Agreement (the "Agreement") governs the terms of the use by Client of services offered by Budget Hosting ("Provider"). Client agrees to receive access to the Server services according to the following terms and conditions:
1. Selection of Service Plan. Client will select one of the service plans offered by Provider, and agrees to receive services according to the service plan selected.
2. Payment for Services. Client agrees to a twelve- (12) month contract beginning upon Internet Specialists's receipt of signed contract or payment. The client has a 30 day period to cancel this contract if not entirely satisfied with the services offered and will receive a full refund. If the client chooses to terminate this contract after the 30 days of the contract commencing the client forfeits any and all moneys paid to the provider. This agreement will automatically renew unless cancelled in writing 7 days prior to the renewal date. Renewal prices are subject to change. Renewal of services by Client indicates agreement to Contract revisions.
3. Compliance with Law. Client will use the services offered by Provider in a manner consistent with all applicable local, state and federal laws and regulations.
4. File Back-up. While Provider maintains weekly file back up, Provider is not responsible for Client's files residing on Provider's servers. Client is solely responsible for independent backup of data stored on Provider's servers.
5. Prohibition of Publication of Certain Material. Client shall not knowingly or unknowingly submit to Provider for publication any of the following material (including pictures, links, or any other content):
(a) any material which violates or infringes any copyright, trademark, trade secret, patent, statutory, common law or other proprietary rights of others;
(b) any material that is libellous or slanderous;
(c) any material which is or contains anything obscene, pornographic, or offensive including links to such material; or
(d) distribution lists to be used via unsolicited electronic mail or other mass electronic mailings.
Due to the public nature of the Internet, all material submitted by Client for publication will be considered publicly accessible Provider's publication of material submitted by Client does not create any express or implied approval by Provider of such material, nor does it indicate that such material complies with the terms of this Agreement.
6. DISCLAIMER OF WARRANTIES. PROVIDER'S SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. PROVIDER SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES, EVE N IF PROVIDER HAS BEEN ADVISED BY CLIENT OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IF PROVIDER'S SERVICE TO CLIENT IS DISRUPTED OR MALFUNCTIONS FOR ANY REASON, PROVIDER SHALL NOT BE RESPONSIBLE FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE, BEYOND THE FEES PAID BY CLIENT TO PROVIDER FOR SERVICES, DURING THE PERIOD OF DISRUPTION OF MALFUNCTION.
7. Limitation/Disclaimer of Liability. Provider 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 utilise. Provider does not represent or warrant to Client that Client will receive continual and uninterrupted service during the term of this Agreement. In no event shall Provider be liable to Client for any damages resulting from or related to any failure or delay of Provider 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 Provider's control, as defined by standard practices in the industry. Such failure or delay shall not constitute default under this Agreement.
8. Indemnity. Client agrees to defend, indemnify and hold Provider 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 Provider to Client under this Agreement, including without limitation claims made by third parties (including customers of Client) related to any false advertising claims, liability claims for products or services sold by Client, claims for payment, copyright or trademark infringement, claims due to disruption or malfunction of services provided hereunder, or for any content submitted by Client for publication by Provider, but excluding those related to the negligence of Provider.
9. Governing Law/Venue. The laws of New Zealand shall govern this Agreement.
10. 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.
12. 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 Provider to Client under this Agreement (excluding any income, business and occupation, capital gain, death or inheritance, or other indirect taxes), then Provider may pass the direct amount of such cost on to Client, and Client shall promptly pay such cost.
13. Waiver. Any party's failure to insist on compliance or enforcement of any provision of this Agreement shall not affect its validity or enforce ability or constitute a waiver of future enforcement of that provision or of any other provision of this Agreement.
14. 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.
15. IP Addresses. Provider 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.
16.Privacy Policy. All information given to us will not be sold, exchanged or passed on to any other companies, and will be treated as confidential. We respect your privacy! We will not collect or retain information unless it is provided voluntarily for the purposes of e-mailing you updates about specific products, special privileges and other items of interest. Your personal and credit card details are required when you order so we can process and ship your purchases to you as quickly as possible. Once the order has been transmitted on line it will be secured by a specific encryption process protecting your personal details. This means your personal information is immediately isolated on a secure server behind our file not accessible from the internet.
17. Spammers If you are planning on opening an account with us and you spam your account will be closed and no refunds will be given!
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