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January 15th, 2002
This Web Site Hosting
Agreement ('Agreement') is by and between YUIOP Internet Services ('YUIOP
On Line'), a Florida Company, and you, your heirs, assigns, agents and
contractors ('You' or 'Your') and is effective upon electronic execution. This
Agreement sets forth the terms and conditions of Your use of YUIOP On
Line’s Web Site Hosting ('Web Hosting') services and represents the entire
agreement between You and YUIOP On Line. By using YUIOP On Line’s Web
Hosting services, You acknowledge that You have read, understand and agree
to be bound by all the terms and conditions of this Agreement, along with
any new, different or additional terms, conditions or policies which YUIOP
On Line may establish from time to time. You may view the latest version
of this Agreement at any time at
http://www.yuiop.com/license_agreement.asp
1. FEES
As consideration for the services purchased by You and provided to You by
YUIOP On Line, You agree to pay YUIOP On Line a monthly fee. Your monthly
billing date will be determined based on the day of the month You
establish Your Web Hosting relationship with YUIOP On Line unless that
date falls after the 1st of the month in which case Your billing date will
be the 1st of each month. Payment is to be made by You. You agree that
YUIOP On Line may pursue all available remedies in order to obtain
payment.
You agree that You will be responsible for notifying YUIOP On Line should
you desire to terminate Your use of YUIOP On Line’s Web Hosting services.
Notification of Your intent to terminate must be provided to YUIOP On Line
no earlier than 10 days prior to You billing date but no later than three
days prior to Your billing date. In the absence of notification from You,
YUIOP On Line will automatically continue Web Hosting services
indefinitely and will charge the credit card You have on file with YUIOP
On Line, at YUIOP On Line's then current rates. It is Your responsibility
to keep your credit card information current, including the expiration
date. In the event You terminate, moving your web site off of the YUIOP On
Line hosting servers is Your responsibility. YUIOP On Line will not
transfer or FTP Your web site to another provider or provide copies this
is the responsibility of your webmaster. Once domain is moved there are
no refunds for partial (no pro rates available) months un used. First payment of
invoices is considered to be the
contractual commitment to
retain services and acceptance of terms and conditions.
2. TERM OF AGREEMENT; MODIFICATIONS
The term of this agreement shall continue in full force and effect as long
as YUIOP On Line is providing Web Hosting services to You.
You agree that YUIOP On Line may modify this Agreement from time to time.
YUIOP On Line may also discontinue services it provides under this
Agreement. You agree to be bound by any changes YUIOP On Line may
reasonably make to this Agreement when such changes become effective.
3. DESCRIPTION OF SERVICE
YUIOP On Line currently provides Web Hosting services to its customers for
a monthly fee. YUIOP On Line will host Your web site on YUIOP On Line’s
Web Hosting servers, provided, however, You abide by the terms and
conditions set forth herein and in each of YUIOP On Line’s policies and
procedures.
You are responsible for ensuring that Your web site conforms to all local,
state, federal, and international laws. Further, You are responsible for
ensuring the legal copyright to any images, text, or other web site
elements that are not provided by YUIOP On Line.
You are responsible for ensuring a "backup" copy of
any published works on your website. YUIOP On Line is not responsible
for loss of information or data contained in your website do to
equipment failure or any other seen or unforeseen failures.
If Your web site includes GIF images you must ensure that your GIF images
are licensed with Unisys or were created with Unisys Authorized Software.
4. YOUR OBLIGATIONS
You agree that You have provided accurate, current and complete
information in the application process and that You will notify YUIOP On
Line within five (5) business days when any of the information You
provided as part of the application and/or registration process changes.
Failure by You, for whatever reason, to respond within five (5) business
days to any inquiries made by YUIOP On Line to determine the validity of
information provided by You, will constitute a material breach of this
Agreement.
If You provide any information that is inaccurate, not current, false,
misleading or incomplete, or if YUIOP On Line has reasonable grounds to
suspect that Your information is inaccurate, not current, false,
misleading or incomplete, YUIOP On Line has the absolute right, in its
sole discretion, to terminate its Web Hosting services and close Your
account.
You warrant that each application You make is being done so in good faith
and that You have no knowledge of it infringing upon or conflicting with
the legal rights of a third party or a third party's trademark or trade
name. You also warrant that the web site being hosted by YUIOP On Line
will not be used in connection with any illegal activity.
6. YUIOP On Line’S RIGHTS
YUIOP On Line explicitly reserves the right and sole discretion to: a.
Censor any web site hosted on its Web Hosting servers that, in YUIOP On
Line’s sole discretion, is deemed inappropriate; b. Review every Web
Hosting account for excessive space and bandwidth utilization and to
terminate or apply additional fees to those accounts that exceed allowed
levels; c. Modify its pricing through email notification; d. Terminate
Your Web Hosting service for unsolicited, commercial e-mailing (i.e.,
SPAM); illegal access to other computers or networks (i.e., hacking);
distribution of Internet viruses or similar destructive activities;
non-payment of Web Hosting fees; and other activities whether lawful or
unlawful that YUIOP On Line determines to be harmful to its other
customers, operations, or reputation; e. Terminate Your Web Hosting
service if the contents of Your web site result in, or are the subject of,
legal action or threatened legal action, against YUIOP On Line or any of
its affiliates or partners, without consideration for whether such legal
action or threatened legal action is eventually determined to be with or
without merit.
You agree to indemnify and hold harmless YUIOP On Line for any
complications arising out of Your use of YUIOP On Line’s Web Hosting
services, including actions YUIOP On Line chooses to take to remedy Your
improper or illegal use of a web site hosted by YUIOP On Line. You agree
You will not be entitled to a refund of any fees paid to YUIOP On Line if,
for any reason, YUIOP On Line takes corrective action with respect to Your
improper or illegal use of its Web Hosting services.
7. DISPUTE RESOLUTION POLICY
You agree to be bound by YUIOP On Line’s current Dispute Resolution Policy
1.
You agree that if a dispute arises as a result of one or more web sites
YUIOP On Line is hosting for You, You will indemnify, defend and hold
YUIOP On Line harmless for damages arising out of such dispute. You also
agree that if YUIOP On Line is notified that a complaint has been filed
with a governmental, administrative or judicial body, regarding a web site
hosted by YUIOP On Line, that YUIOP On Line, in its sole discretion, may
take whatever action YUIOP On Line deems necessary regarding further
modification, assignment of and/or control of the web site to comply with
the actions or requirements of the governmental, administrative or
judicial body until such time as the dispute is settled
10. LIMITATION OF LIABILITY
You agree that YUIOP On Line's entire liability to You under this
Agreement, and Your only remedy, in connection with any service provided
by YUIOP On Line to You under this Agreement, and for any breach of this
Agreement by YUIOP On Line, shall be limited to the fees You paid to YUIOP
On Line for Web Hosting services.
11. INDEMNITY
You agree to release, defend, indemnify and hold harmless YUIOP On Line
and its contractors, agents, employees, offices, directors, shareholders
and affiliates from and against any losses, damages or costs, including
reasonable attorney's fees, resulting from any claim, action, proceeding,
suit or demand arising out of or related in any way to Your account with
YUIOP On Line and/or Your use of the Web Hosting services provided by
YUIOP On Line.
13. DISCLAIMER OF WARRANTIES.
YUIOP On Line EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
14. SEVERABILITY
You agree that the terms of this Agreement are severable. If any part of
this Agreement is determined to be unenforceable or invalid, that part of
the agreement will be interpreted in accordance with applicable law as
closely as possible, in line with the original intention of both parties
to the Agreement. The remaining terms and conditions of the Agreement will
remain in full force and effect.
15. VENUE; WAIVER OF TRIAL BY JURY
THIS AGREEMENT SHALL BE DEEMED ENTERED INTO IN THE STATE OF FLORIDA. THE
LAWS AND JUDICIAL DECISIONS OF OSCEOLA COUNTY, FLORIDA, SHALL BE USED TO
DETERMINE THE VALIDITY, CONSTRUCTION, INTERPRETATION AND LEGAL EFFECT OF
THIS AGREEMENT. YOU AGREE THAT ANY ACTION RELATING TO OR ARISING OUT OF
THIS AGREEMENT, SHALL BE BROUGHT IN THE COURTS OF OSCEOLA COUNTY, FLORIDA.
YOU AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY IN ANY PROCEEDING THAT TAKES
PLACE RELATING TO OR ARISING OUT OF THIS AGREEMENT.
16. NOTICES
You agree that all notices (except for notices concerning breach of this
Agreement) from YUIOP On Line to You may be posted on our web site.
Notices concerning breach will be sent either to the email or postal
address you have on file with YUIOP On Line. In either case, delivery
shall be deemed to have been made five (5) days after the date sent.
Notices from You to YUIOP On Line shall be made either by email, sent to
the address we provide on our web site, or first class mail to our address
at:
YUIOP Internet Services
P.O. Box 452175
Kissimmee, Florida 34745
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