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Hosting Terms and Conditions
Effective January 1, 2003
Modified January 1, 2006
This agreement for services (this "Agreement") is hereby made between MIS
Sciences Corporation, a California corporation ("MIS Sciences Corporation") and
the Customer, whereby MIS Sciences Corporation agrees to provide Web Hosting
services (the "Services") on MIS Sciences Corporation's network of shared
servers and the Customer agrees to pay the rate agreed for the Services and to
accept the terms and conditions set forth in this Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY BECAUSE THIS AGREEMENT AFFECTS YOUR
LEGAL RIGHTS AND your use of the Services provided by MIS Sciences
Corporation is deemed acceptance of the terms and conditions set forth in this
Agreement. This Agreement affects important legal rights.
MIS Sciences Corporation will provide the hardware and system administration
necessary to provide World Wide Web access to the Internet community. MIS
Sciences Corporation will also provide a single and unique Universal Resource
Locator (URL) address for use by Customer (i.e., yourdomain.ourdomain.com). At
Customer's request, MIS Sciences Corporation will assign a unique domain name
to its servers (i.e., www.yourname.com) provided that the name is legally
registered to and under the control of the Customer. Customer understands and
hereby acknowledges that domain name registration can take 2 weeks (or more).
MIS Sciences Corporation will assign a working address to the Customer's pages.
Customer agrees to pay the domain name registration fees and all renewal fees
directly to Network Solutions or other appropriate domain name registrar. This
fee is subject to change by the Network Solutions or other domain name
registrar.
Any Customer that is to receive free month(s) of web hosting via any
promotional offer or other reason will receive the free month(s) as a credit to
their account. In order to receive such credit, the account must be current.
Cash, credit cards, and checks are accepted forms of payment. Payment is due on
the date billed. Services will be billed in advance. Services will be pro-rated
based on a thirty-day month. Services on any past due accounts will be
suspended. Suspended accounts will not be reactivated until all past due
amounts are received and any fees for reestablishing the account are pre-paid.
Prices may be changed at any time in the sole discretion of MIS Sciences
Corporation. Customer will receive fifteen (15) days advance notice of any
pricing changes.
Customer understands and agrees that MIS Sciences Corporation will make every
effort to keep its network of servers running continuously. However, servers
may occasionally be disconnected due to routine maintenance, upgrades and other
required events.
Customer is responsible for testing any changes that MIS Sciences Corporation
makes to Customer's website at Customer's request to make sure that such
changes are in accordance with such Customer request.
Customer assumes full responsibility for making a back-up of any information
posted to our servers. MIS Sciences Corporation is not responsible for lost
materials or information. MIS Sciences Corporation will make its best effort to
maintain security on its network of servers. However, by their nature the Web
and the Internet are not secure. Customer assumes responsibility for the
appropriate use of security within the Customer's scripts and directories.
Customer assumes full responsibility for all content posted to MIS Sciences
Corporation's servers on Customer's behalf, including any trademark, copyright,
patent or other intellectual property submitted to MIS Sciences Corporation for
either creative services and/or straight posting to our servers. MIS Sciences
Corporation reserves the right to remove without notice any material which, in
its sole opinion, may result in a violation of intellectual property rights of
others or any other applicable Federal, State, Common, or International laws or
regulations. MIS Sciences Corporation does not permit adult websites or
tolerate e-mail spamming or similar abuses of its network. Any adult web sites
WILL BE immediately removed and al related accounts disabled.
MIS Sciences Corporations has a ZERO tolerance policy for the sending of
unsolicited email (SPAM) using any MIS Sciences Corporation server or from or
using any domain name or service provided by MIS Sciences Corporation. Any
violation of this policy will result in immediate termination of the customer's
service and the customer is liable to MIS Sciences Corporation in accordance
with section 17538.45(f)(1) California Business and Professions Code.
MIS SCIENCES CORPORATION PROVIDES SERVICES TO CUSTOMER ON AN "AS IS" BASIS. MIS
SCIENCES CORPORATION EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING THE
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MIS
SCIENCES CORPORATION SHALL NOT BE LIABLE FOR ANY LOSS OF BUSINESS, LOST
PROFITS, LOST DATA, LOST SAVINGS FAILURE OF SECURITY OR ANY OR ALL INDIRECT,
INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER CHARACTERIZED, WHETHER OR NOT SUCH
DAMAGES ARE FORESEEABLE.
UNDER NO CIRCUMSTANCES SHALL MIS SCIENCES CORPORATION, ITS AFFILIATES, ITS
LICENSORS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT
RESULT IN ANY WAY FROM CUSTOMER'S USE OF OR INABILITY TO USE THE SERVICE OR ANY
PART THEREOF, OR CUSTOMER'S RELIANCE ON OR USE OF INFORMATION, SERVICES OR
MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES,
OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN
OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO
ALTERATION OF OR USE OF CUSTOMER'S ACCOUNT, WHETHER FOR BREACH OF CONTRACT,
NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT MIS SCIENCES
CORPORATION IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS
AGREEMENT, MIS SCIENCES CORPORATION'S LIABILITY SHALL BE LIMITED TO THE UNUSED
BALANCE OF CUSTOMER'S SUBSCRIPTION PAYMENT PRORATED TO REFLECT THE CURRENT
TERM.
Notwithstanding anything to the contrary herein contained, Customer agrees to
indemnify and hold MIS Sciences Corporation, its affiliates, its licensors, its
contractors or their respective employees harmless against any and all
liability, loss, claim, judgment, damage and expense including without
limitation attorney's fees and cost of litigation incurred or suffered by MIS
Sciences Corporation, its licensors, its affiliates, its contractors, or their
respective employees as the result of any and all use of Customer's account
whether authorized or not authorized or as a result of the negligence, willful
misconduct, or breach of any of the terms of this Agreement by Customer,
including but not limited to claims, liabilities, losses, damage, judgment and
expense which arise out of alleged injury or death of any person or damage to
property of every kind and description. Customer shall promptly notify MIS
Sciences Corporation in writing of any claim of which it is obligated under
this indemnity. Customer shall have the right to assume the defense of any such
claim. Customer and MIS Sciences Corporation shall confer as to and agree on
the legal counsel(s) to be selected in any such defense.
If Customer is dissatisfied with the Service or with any terms, conditions,
rules, policies, guidelines, or practices of MIS Sciences Corporation in
operating the Service, Customer's sole and exclusive remedy is to discontinue
using the Service.
The laws of the State of California shall govern this agreement. The forum for
any disputes under this agreement shall be Los Angeles County, State of
California.
Either MIS Sciences Corporation or Customer may cancel this agreement at will
at any time with written notice to the other party. MIS Sciences Corporation
may suspend, without notice, Customer's account for reason of non-payment or
other reason at MIS Sciences Corporation reasonable discretion. In the event
that MIS Sciences Corporation cancels this contract, the Customer will receive
a pro-rated refund of any unused portion of the billing period. Domain
registration and any set-up fees are non-refundable. Customer acknowledges that
these terms and conditions are subject to change without notice. Customer's
continued use of MIS Sciences Corporation constitutes customer acceptance of
these and all modified terms
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