This Agreement ("Agreement") is between WEBMASTERS.COM, its parent company,
NetTuner Corporation, a Florida corporation ("WEBMASTERS.COM") headquartered at
4465 W. Gandy Blvd., Suite 801, Tampa, FL 33611, collectively referred to herein
as "we, us, our", and the party specified in the order form annexed hereto and
incorporated herein by reference "Order". Such party shall be referred to herein
as "Customer" and shall enter into this Agreement by clicking on the Submit
button of the Order.
For good and valuable consideration, the parties agree as follows:
1. SERVICES
Subject to the terms and conditions of this Agreement, WEBMASTERS.COM will
provide to Customer Internet facilities consisting of some or all of:
connectivity, hardware management, software management, web hosting, web design,
website promotion, and/or related services described in the plan selected by
Customer from WEBMASTERS.COM's then published list of services offered from time
to time ("Services"). The specific plan of Services to be provided initially to
Customer shall be as selected in the Order and thereafter as established through
correspondence between Customer and WEBMASTERS.COM.
2. SUPPORT
WEBMASTERS.COM will provide to Customer technical support ("Standard
Support") associated with normal operation of Customer's website. Standard
Support shall include only diagnosis and repair of any malfunction of standard
network, equipment, and web server hardware or software ("Standard Issues")
provided with Customer's plan of Services. No support shall be provided for any
issue not directly related to any Standard Issues described above,
including but not limited to issues related to web design, third party software
configuration or troubleshooting, and training. Support shall only be provided
to a single designated contact person for Customer, as listed in our official
record for Customer's account, and no support will be provided to anyone else
contacting us on Customer's behalf. Customer may request additional support for
items not covered by Standard Support, which would be billed at a specified
hourly rate determined solely by WEBMASTERS.COM.
3. TERM
The initial term of this Agreement shall be as stated in the Order ("Initial
Term"). The Initial Term shall begin upon commencement of Service to Customer,
provided, however, no Service shall commence unless and until WEBMASTERS.COM
receives and accepts a completed Order from Customer, plus payment in full for
Services to be rendered during the Initial Term and any setup charges.
WEBMASTERS.COM reserves the right to reject any submitted Order for any or no
reason prior to written acceptance thereof by WEBMASTERS.COM. After the Initial
Term, unless otherwise agreed to by the parties, this Agreement shall
automatically renew for successive terms of equal length as the Initial Term
unless terminated or canceled by either party only as provided in Paragraph 10
below. The Initial Term plus all successive renewal periods during which Service
is provided shall be collectively referred to as the "Term".
4. FEES AND PAYMENT
All fees for Services rendered or provided to Customer shall be in accordance
with WEBMASTERS.COM's fee schedule published at
https://www.webmasters.com/web_hosting.htm. Payment for one year of services is
required for the Initial Term. Fees for renewal periods after
the Initial Term shall be due and owing immediately upon the first day of such
renewal period. Customer will receive an invoice for the charges for the basic
Services rendered or provided by WEBMASTERS.COM for such renewal period, plus
any additional Services rendered or provided by WEBMASTERS.COM to Customer for
the preceding month of the Term, and any other charges or fees then due
hereunder. Payment in full of such invoiced amount is due upon receipt of the
invoice. Should payment in full of any invoice not be received by WEBMASTERS.COM
within ten (10) days after date of invoice, WEBMASTERS.COM may impose a debt
service charge equal to one and one-half percent (1.5%) of the overdue balance
(or such lesser amount as may be required by law) for each month or fraction
thereof the overdue amount remains unpaid. In addition, in the event that any
amount due WEBMASTERS.COM remains unpaid ten (10) days after presentation of an
invoice to Customer, WEBMASTERS.COM, in its sole discretion, may immediately
terminate this Agreement, and/or withhold or suspend Services. Suspension of
service does not necessarily imply termination of this Agreement and service
charges will continue to accrue as if no suspension had occurred. Reinstatement
of service will require a $50 reinstatement fee. All taxes, fees and
governmental charges relating to the Services provided hereunder (other than
income taxes of WEBMASTERS.COM) shall be paid by Customer. Checks returned
unpaid (NSF) will be assessed a $20 charge. All payments are in U.S. currency and
are non-refundable.
5. CONTENT AND CUSTOMER'S RESPONSIBILITY
WEBMASTERS.COM will exercise no control whatsoever over, nor have any
responsibility or liability whatsoever for, the content of the information
passing through its network. WEBMASTERS.COM shall make no effort to validate any
information passing through its network for content, correctness, usability or
for any other reason. Furthermore, WEBMASTERS.COM shall not be held responsible
for maintaining backups of customer's data in the event of loss or corruption,
and customer accepts sole responsibility for maintaining any such backups.
6. NO WARRANTY
Customer agrees to use WEBMASTERS.COM's Services, and any information obtained
through or from WEBMASTERS.COM, at Customer's own risk. Customer acknowledges
and understands that neither WEBMASTERS.COM, nor any of its employees,
representatives, agents or the like, warrant that the Services offered or
provided hereunder will not be interrupted or be error free, nor do they make
any warranty or representation as to the results that may be obtained from the
use of the Service or as to the accuracy, reliability or content of any
information service or merchandise contained in or provided through the Service,
unless otherwise expressly stated in this Agreement. WEBMASTERS.COM specifically
disclaims all warranties of any kind, including, without limitation, the
warranty of merchantability and fitness for a particular purpose, whether
expressed or implied, for the Service it is offering or providing hereunder.
7. PROHIBITED USES
Customer shall not use WEBMASTERS.COM's Services in violation of
WEBMASTERS.COM's "Service Usage
Policy" provided herewith.
8. LIMITED LIABILITY
Under no circumstances, including negligence, shall WEBMASTERS.COM, its
officers, agents or anyone else involved in creating, producing or distributing
the Service hereunder be liable to Customer or any third party, for any claims,
causes of action or direct, indirect, incidental, special, or consequential,
trebled, or punitive damages, that result or have alleged to have resulted from
the use of or inability to use the Service; or that results from mistakes,
omissions, interruptions, deletion of files, loss of data, errors, defects,
delays in operations, or transmission or any failure of performance, whether or
not limited to acts of God, communications failure, theft, destruction or
unauthorized access to WEBMASTERS.COM's records, programs or services.
WEBMASTERS.COM further shall have no responsibility whatsoever to Customer or
any third party for the accuracy or quality of information obtained through or
in connection with its Services provided hereunder. THE FEES FOR THE SERVICES
SET BY WEBMASTERS.COM UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE
BASED UPON THIS ALLOCATION OF RISK, therefore, notwithstanding the above,
Customer's exclusive remedies for all damages, losses, costs or causes of
actions from any and all claims, whether in contract, quasi-contract, statutory,
tort including negligence, or otherwise, shall not exceed the aggregate dollar
amount which Customer paid during the twelve (12) months immediately preceding
the claim or the term of this Agreement, whichever is less.
9. INDEMNIFICATION
Customer shall defend, indemnify, save and hold WEBMASTERS.COM harmless from any
and all damages, demands, liabilities, losses, costs and claims, including,
without limitation, reasonable attorneys' fees, compensatory damages, punitive
damages, trebled damages, and statutory damages (hereinafter "Liabilities")
asserted against WEBMASTERS.COM, its agents, its customers, servants, officers
and employees, that may arise or result from any service provided or performed
or agreed to be performed by Customer, its agents, employees or assigns or any
product distributed, offered or sold by Customer, its agents, employees or
assigns.
10. TERMINATION AND CANCELLATION
This Agreement may be terminated: (i) by the customer at any time, without
cause; (ii) by WEBMASTERS.COM, without cause, by giving the other party 30 days
prior notice; (iii) by WEBMASTERS.COM, at any time, upon 20 days' prior notice
if in the sole judgment of WEBMASTERS.COM, Customer breaches any material
provision of this Agreement and has not cured same by the end of the 20 days;
(iv) by WEBMASTERS.COM at any time in the event of nonpayment by Customer as
provided in Paragraph 3 above; and (v) by WEBMASTERS.COM, at any time, without
notice, if, in WEBMASTERS.COM's sole judgment, Customer is in violation of any
terms or conditions of WEBMASTERS.COM's Service Usage Policy. In the event
Customer's account is terminated for cause, all files and data belonging to
Customer will be permanently deleted upon termination without the possibility of
recovery. If Customer voluntarily terminates his/her account, Customer agrees that WEBMASTERS.COM
may immediately delete all of Customer's files, including all emails and email accounts. The
cancellation notice shall only be deemed valid if it was made by completing our
Cancellation Form at
https://secure.webmasters.com/forms/cancel.php.
11. CHARGEBACKS
In the event a customer disputes our charge with their bank or credit card company for any reason resulting in a chargeback to us, we shall immediately delete the customer's account along with all web pages and email messages without notice. All future accounts requested by the customer will require a signed credit card authorization form prior to any new account being opened.
12. OWNERSHIP DISPUTES
In the event the ownership of any hosting account becomes disputed, we will recognize the person or entity whose name is listed on the credit card making the original purchase of the account. If that entity is not a natural person, such as a corporation or partnership, the official registered agent for that entity, as verified by proper documentation which will be accepted at our discretion, shall be recognized as the rightful account holder. If that person has become deceased, incapacitated or has willingly relinquished control of the account to another party, and that party subsequently requests an ownership change, legal supporting documents will be required and accepted at our discretion prior to any modifications being made or access being granted. Customer further agrees to hold us harmless from any liability arising from any type of ownership dispute pertaining to their account.
13. ADDITIONAL TERMS AND CONDITIONS
Customer hereby acknowledges that it has received and reviewed a copy of
WEBMASTERS.COM's "Service Usage Policy" provided herewith and that the terms of
the Service Usage Policy are incorporated herein by reference. WEBMASTERS.COM
reserves the right to amend the Service Usage Policy from time to time and
Customer shall be bound by any such amendments. Customer shall have the
obligation to periodically visit
https://www.webmasters.com/policy.htm to review its Service Usage Policy and
to make certain Customer is in full compliance therewith. In the event of any
inconsistencies between this Agreement and the Service Usage Policy, the terms
of the Service Usage Policy shall govern.
14. OFFICIAL COMMUNICATION AND NOTICES
All official communication between WEBMASTERS.COM and Customer as well as
notices set forth within this agreement shall be by email. Customer shall send
all notices and official communication to WEBMASTERS.COM at the email address
.
WEBMASTERS.COM shall send all notices and official communication to Customer at
the email address listed in Customer's account record. It is solely Customer's
responsibility to ensure that the email address listed with WEBMASTERS.COM is
accurate and up to date. In the event WEBMASTERS.COM sends a notice of
cancellation, renewal invoice or any other official notice to an email address
that is no longer valid for Customer, such notice shall be deemed delivered per
this agreement. Evidence of successful transmission of all notices delivered by
email must be retained by the delivering party.
15. MISCELLANEOUS
This Agreement sets forth the entire agreement between WEBMASTERS.COM and
Customer with respect to the subject matter hereof and supersedes all previous
representations, understandings or agreements and shall prevail notwithstanding
any variance with terms and conditions of any other prior writing between the
parties. If any provision of this Agreement is held to be invalid by a court of
competent jurisdiction, then the remaining provisions shall nevertheless
continue in full force and effect. Customer may not transfer or assign this
Agreement without WEBMASTERS.COM's prior written consent. This Agreement shall
be governed by the laws of the United States Of America and the State Of Florida
and all claims concerning this Agreement shall be brought exclusively in the
state or federal courts located in the County of Hillsborough in the State of
Florida. The parties hereby consent to submit to the jurisdiction of such courts
and waive any personal jurisdiction or venue defenses concerning said forum.