In consideration of the mutual covenants set forth in this Agreement, Customer and Client hereby agree as follows:
Terms
Subject to the terms and conditions of this Agreement, will provide Wired Grafix Web Hosting services for Client subject to the following terms:
Service Start Date
The first payment plus setup charges, if any, shall be due in advance of any service provided. Service shall begin upon Wired Grafix's receipt of payment for such first Term of service or upon a mutually agreed upon alternate date.
Reservations of Service
Wired Grafix reserves the right to deny service to any Client, or would be Client, for any reason, with or without prejudice.
Renewal by Client
This Agreement will automatically renew until canceled in writing by Client. Renewal prices are subject to change. Renewal of services by Client indicates agreement to any revisions of Terms and price changes. Renewal fees for the following month of service will be automatically invoiced to Client's account.
Terms of Payment
In the first week of each new quarter Wired Grafix Web Hosting shall either (i) debit Client's credit card (where such information is provided by Client) or (ii) deliver by e-mail or regular mail an invoice to Client in accordance with the applicable Services fees for services rendered for the next quarter.
Where an invoice is delivered to Client, Client shall remit payment to Wired Grafix Web Hosting by no later than the specified payment due date. Wired Grafix Web Hosting shall be entitled to immediately terminate this Agreement for Client's failure to make timely payments to Wired Grafix Web Hosting. Automatic billing will occur for updates that exceed any included in hosting plans at the time updates are completed by Wired Grafix, for the client. If credit approval has been granted, credit terms are net 10 days upon receipt of invoice. We reserve the right to revoke any credit extended if payment is in arrears for more than 30 days.
If Client terminates this Agreement in accordance with Section 4 hereunder, Client shall be responsible for any outstanding fees owed to Wired Grafix Web Hosting and agrees to pay any and all fees incurred by Client. Because the Services are provided on a monthly basis, Client will be responsible for Service fees incurred each month regardless of when Client provides notice of termination. Thus, for example, if Client provides notice to terminate on the 15th of a particular month, Client will still owe fees for the entire month and such fees will not be pro-rated or refunded. If Client has retained the Services for one (1) year and has pre-paid Wired Grafix Web Hosting for such Services, refunds will be issued for any unused full month portions of the Services upon Clients request. Therefore, if Client's account is cancelled at any point during the one (1) year term, Client will be entitled to a refund for the months remaining after notice given by the 25th of the preceding month.
Default and Cure In the event that either party hereto defaults in the performance of any of its material duties or obligations under this Agreement, including failure to make any payments due under this Agreement, and such default is not cured within five (5) days after written notice is given to the defaulting party specifying the default, then the party not in default, after given written notice thereof to the defaulting party, may terminate this Agreement.
Charges
You agree to pay for all charges attributable to your use of the Services at the then current Wired Grafix prices, which shall be exclusive of any applicable taxes. You are responsible for the payment of all federal, state, and local sales, use, value added, excise, duty and any other taxes assessed with respect to the Services, other than taxes based on Wired Grafix's net income.
Payment All charges for Services must be paid in advance according to the then current prices applicable to the Services. Upon entering this Agreement, you must choose to pay either by direct charge to a credit or debit card. If you choose to pay by credit or debit card upon registering for the Services, you thereby authorize Wired Grafix to charge your credit or debit card to pay for any charges that may apply to your account. You must notify Wired Grafix of any changes to your card account (including, without limitation, applicable account number or cancellation or expiration of the account), your billing address, or any information that may prohibit Wired Grafix from charging your account. Wired Grafix may also create periodic invoices for any applicable Supplemental Charges associated with your use of the Services. You agree to pay to Wired Grafix the amount indicated in each invoice by the due date reflected on that invoice. If you fail to pay any fees and taxes by the applicable due date for credit card or invoice payments, late charges of the lesser of one and one-half per cent (1.5%) per month or the maximum allowable under applicable law but at no time less than $15 shall also become payable by you to Wired Grafix . In addition, your failure to fully pay any fees and taxes within five (5) days after the applicable due date will be deemed a material breach of this Agreement, and Wired Grafix may, in addition to any other remedy it may have: (i) suspend its performance of the Services and/or terminate this Agreement; and/or (ii) At the time of such nonpayment, Wired Grafix may, delete any and all content from the Wired Grafix Servers. Any such suspension or termination of the Services would not relieve you from paying past due fees plus interest.
Chargebacks
If you ever feel that Wired Grafix incorrectly charged your credit card you must contact billing for a correction. If you do contact your credit card company and issue a chargeback then you will be responsible for the $50 chargeback fee. If you do not pay this fee then your account will be terminated.
Proprietary Information
Proprietary information exchanged here under shall be treated as such by Client. This information shall include, but not be limited to, the provisions of this Agreement, product and services information and pricing. Client further agrees to not decompose, disassemble, decode or reverse engineer any Wired Grafix program, code or technology delivered to Client or any portion thereof. If you transfer from Wired Grafix all proprietary coding for search engine optimization will be removed from web site files.
TERM, TERMINATION & REINSTATEMENT:
Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect on a month-to-month basis unless otherwise specified by separate agreement (the "Term") unless terminated earlier pursuant to the provisions of this Section 4. Either party will have the right to terminate this Agreement upon notice to the other party. In over 14 years we have only had two clients leave us for various reasons. In the unlikely event you wish to leave, and you are terminating this Agreement, Client must follow instructions for cancellation provided on the Server Cancellation Information page. The essence of this page states that Client must contact the Wired Grafix Web Hosting to receive a cancellation number, which Client shall retain as proof of termination, and all cancellation requests must be received by the Twenty-Fifth (25th) of the respective month of cancellation. Any other attempt by Client to cancel this Agreement by written or e-mail notice shall be void. Sections 3 - 8 shall survive termination or expiration of this Agreement.
Wired Grafix reserves the right to refuse service to anyone at any time. However, if Wired Grafix should deem it necessary to initiate termination of services with you, Wired Grafix specifically agrees to provide reasonable access to you to secure any files which may still reside on the web site or server being removed from the network. IF CLIENT WISHES COPIES OF THEIR WEB FILES, Wired Grafix WILL COPY SAME AND INCLUDE ON A CD. CD WILL BE MAILED FOR AN ALL INCLUSIVE FEE OF $50 FOR FESS TO COPY FILES AND MAIL TO CLIENT. THESE FEES WILL BE PAID PRIOR TO SHIPMENT. In no event shall Wired Grafix Hosting be liable for any loss, loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages, which result from this termination of services.
If Client terminates its account, Client shall be allowed to re-instate Client's use of the Services within Seven (7) business days of cancellation. Client shall pay a fee of Fifty Dollars ($50) prior to any re-instatement of Client's account. Once payment has been received, Client's account will be activated within Forty-Eight (48) business hours. Wired Grafix Web Hosting will maintain an archival copy of Client's Web site for Seven (7) days after Wired Grafix Web Hosting receives notice of cancellation. Thereafter, Client will need to place a new order if it wishes to subscribe to the Services.
Warranties
Wired Grafix makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Wired Grafix also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by Client, including, but not limited to, loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of Client, weather conditions, natural disasters or other acts of God, action of any governmental or military authority, failure caused by telecommunication or other Internet provider, or other forces or occurrences beyond Wired Grafix' control. The exclusive remedy against Wired Grafix, for any damages whatsoever to Client arising out of or related to this Agreement shall not exceed the fees paid by Client directly to Wired Grafix with respect to the then current term of this Agreement. Use of any information obtained by way of Wired Grafix is at Client's own risk, and Wired Grafix specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of an end-to-end connection. Wired Grafix does not represent guarantees of speed or availability of end-to-end connections. Wired Grafix expressly limits its damages to Client for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. Wired Grafix specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In no event will Wired Grafix be liable for any incidental, indirect, consequential or special damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of profit, loss of contracts, goodwill, data, information, income, anticipated savings or business relationships, whether or not advised of the possibility of such damage, arising out of or in connection with the use of this web site or any linked web sites.
Limit of Liability
Wired Grafix shall not be liable for any content posted, opinions expressed, or actions taken by any of the Users of Wired Grafix' services. Any conduct that violates the laws, regulations, or the accepted norms of the Internet community or the community standards in which the User lives, whether expressly mentioned in this Agreement or not, is strictly prohibited. Wired Grafix reserves the exclusive right to prohibit any activities that it deems will adversely affect its commercial reputation or goodwill, endanger its network, impact it's Customers, or expose it to liability or tort.
Lawful Purpose
Customer may only use Wired Grafix's servers for lawful purpose. Transmission of any material in violation of any Country, Federal, State or Local regulation is prohibited. To this effect, child pornography is strictly prohibited as well as housing any copyrighted information (to which the customer does not hold the copyright) on Wired Grafix' server. Customer agrees to not have any content on their site that advocates, sells or in any way makes available tools or methods to send unsolicited e-mail or usenet postings (spam), or to use Wired Grafix web hosting servers for relaying unsolicited e-mail or usenet postings, or to use unsolicited e-mail or usenet postings to advertise for their site hosted at Wired Grafix. Any complaint we receive about a violation of this or the preceding two points will be taken very seriously and will result in immediate account cancellation without a refund.
No "SPAM". Client shall not use the Services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Client also shall not engage in any unsolicited email practices at Wired Grafix Web Hosting, or otherwise, that mentions or reference any domain hosted on Wired Grafix Web Hosting servers or parked on Wired Grafix Web Hosting DNS servers. NOTE: THIS POLICY APPLIES TO ALL DOMAINS, NAMES SERVERS AND PARKED DOMAINS HOSTED ON THE SERVER.
Trademarks and Copyrighted Material
Client warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with any service provided by Wired Grafix.
Taxes
Wired Grafix shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Customer or Wired Grafix' hosting environment. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.
Hardware, Equipment, & Software
The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access the Wired Grafix hosting servers. Wired Grafix makes no representations, warranties or assurances that the Customer's equipment will be compatible with the Wired Grafix web hosting service.
Email Retention
In order to protect the integrity and availability of system resources, Wired Grafix reserves the right to routinely remove messages classified as SPAM after 90 days, messages located in trash folders after 90 days, and messages located in catch-all accounts after 30 days.
Coming Soon Page
All domains hosted through Wired Grafix will be initially setup with a "Coming Soon" web page that informs customers their domain name is hosted by Wired Grafix.
Termination by Wired Grafix
Wired Grafix reserves the right to refuse service to anyone at any time. Also it is a violation for anyone who, including but not limited to, employs posts or programs that consume excessive CPU time, server memory, or storage space; permits the use of mail services, mail forwarding capabilities, POP accounts, or auto-responders other than for their own account; or resells access to CGI scripts or any other software installed on Wired Grafix servers. Wired Grafix reserves the right to, immediately and without notice to the User, terminate any service or process that uses a disproportionate amount of any system resources. Wired Grafix also reserves the right to terminate or limit service at its sole discretion. Examples of reasons for termination include, but are not limited to: 1) failure to comply with any provisions of the Agreement with or without written notice from Wired Grafix of said failure, 2) appointment of Receiver or upon the filing of any application by Client seeking relief from creditors, 3) falsifying any User information provided to Wired Grafix or to other Users of the service in connection with the use of a Wired Grafix service, 4) upon mutual agreement in writing of Wired Grafix and Client. IF CLIENT WISHES COPIES OF THEIR WEB FILES, Wired Grafix WILL COPY SAME AND INCLUDE ON A CD. CD WILL BE MAILED FOR AN ALL INCLUSIVE FEE OF $50 FOR FESS TO COPY FILES AND MAIL TO CLIENT. THESE FEES WILL BE PAID PRIOR TO SHIPMENT.
Disputes
In 14 years we have always been able to resolve any dis-satisfaction. In the unlikely event that we cannot and If legal proceedings are commenced to resolve a dispute arising out of, or relating to, this Agreement, the prevailing party shall be entitled to recover all costs, legal fees, and expert witness fees as well as any costs or legal fees in connection with any appeals.
Indemnification
Client shall indemnify and hold Wired Grafix harmless from and against any and all claims, judgments, awards, costs, expenses, damages and liabilities (including reasonable attorney fees) of whatsoever kind and nature that may be asserted, granted or imposed against Wired Grafix directly or indirectly arising from or in connection with Client's marketing or support services of the product or services or the unauthorized representation of the product and services or any breach of this Agreement by Client.
Modification of Agreement
Wired Grafix reserves the right to add, modify, or delete any provision of this Agreement at any time and without notice. Wired Grafix reserves the exclusive right and will be the sole arbiter as to what constitutes a violation of any of these provisions.
Transfer
Customer may not transfer this contract without the written consent of Wired Grafix.
General
If any provision of this Agreement is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia . A failure by any party to exercise or delay in exercising a right or power conferred upon it in this Agreement shall not operate as a waiver of any such right or power.
LIMITATION OF LIABILITY: IN NO EVENT SHALL Wired Grafix Web Hosting BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE Wired Grafix Web Hosting SITE OR ANY Wired Grafix Web Hosting PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL Wired Grafix Web Hosting'S CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN ONE HUNDRED DOLLARS ($100 US).
Licence To Use This Web site
By using this web site you agree to the exclusions and limitations of liability stated above and accept them as reasonable. Do not use this web site if you do not agree that they are reasonable. If any of the points in this disclaimer notice are found to be unenforceable under applicable law, that will have no bearing on the enforceability of the rest of the disclaimer notice.
Material on this web site, including text and images, is protected by copyright law and is copyright to Wired Grafix unless credited otherwise. It may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way except for your own personal, non-commercial use.
Prior written consent of the copyright holder must be obtained for any other use of material. [(for artist sites): Copyright of all images on this site remains with the artist or copyright owner at all times.]
No part of this site may be distributed or copied for any commercial purpose or financial gain.
All intellectual property rights in relation to this web site are reserved and owned by Wired Grafix.
Revisions
We reserve the right to revise and amend this disclaimer notice from time to time and any revised version will be deemed to be applicable from the first date of publication on this web site.
We Speak English
We speak English - not techno-babble or some other language. You will be able to understand every step of the way in bringing your business to the internet. We will not confuse you with techno-babble.
