This Service Agreement (this "Agreement") is entered
into by and between Creative Computer Consulting, LLC ("Provider") and the
("Customer"). In consideration of the mutual agreements and
covenants set forth herein, the parties agree as follows:
1. Accounts and Services. Provider shall provide Customer with web hosting account
(the "Account") on Provider's network, which will allow Customer to maintain a
website on the Internet on the terms set forth herein, as may be amended from time to time
by Provider. Customer's Account will include where applicable FTP access, and other services commonly associated with the Internet
(collectively, "Services"). Provider is NOT responsible for
Customer website design, understanding of HTML, or website content.
2. Billing. Provider will enable Customer's Account upon the signup date
(the "Commencement Date"). Customer shall promptly notify Provider in writing or by E-mail
of any changes in Customer's Account information, such as changes in
address, telephone number, email address, or billing information.
3. Payment.
- A. Terms. Customer shall pay all fees as set forth on Provider's then-current Fee
Schedule.
1) Monthly subscriptions are renewed automatically on the 1st of
each month for the month upcoming.
2) Annual subscriptions are renewed automatically on the client's
commencement date for the year upcoming.
- B. Method of Payment.
Provider automatically debits payments by
Customer's original payment method.
There is a $25.00 service charge for each returned check and an
additional $25.00 collection fee for each item charged back to Creative
Computer Consulting, LLC.
C. Delinquency. Accounts that are delinquent may be put on "accounting hold"
and may not be used. Accounts that are unpaid for one month will have their files purged.
Accounts continue to accrue charges while they are on hold. In addition to any accrued
charges while the Account is on hold, there is a Service Reconnection Charge of $30.00.
4. Amendment. Provider reserves the right to
change the terms and conditions of this Agreement and/or any collateral agreements
referenced herein, by notifying Customer in writing or by E-mail in advance of the
effective date of the change. Use by Customer after the effective date constitutes
acceptance of the new terms and conditions.
5. Offensive or Adult Materials. Provider does not knowingly accept adult content
material of any kind. Otherwise, Provider exercises no control over the content of
materials accessed through the Internet, including via Provider's network. Some materials
may be offensive to certain groups of individuals. Customer accepts responsibility for
monitoring and/or controlling such content. Customer hereby release(s) Provider from all
claims arising from Customer's and other individuals' exposure to material that Customer
or such other individuals may find offensive.
6. Termination. This Agreement may be terminated at any time by either party
for any reason. Customer must notify Provider at least 14 working days before the
next payment is due if Customer wishes to cancel the account. This must be done in
writing via postal mail. There is no partial refund/reimbursement for setup fees
or any part of the remaining term for provider service. The low price for
service is based on the full payment for full term agreements and should customer not
complete full term there is no prorating of fees.
If account is
terminated after the 14 working days prior to the next payment due, the service fee for
the entire following cycle is owed. This Agreement shall continue until terminated.
7. Warranties; Limitation of Liability. Provider makes no warranties of any
kind, whether express or implied, for its Setup or Services. Provider specifically
disclaims any implied warranties of merchantability or fitness for any particular purpose.
Provider will not be responsible for any losses or damages resulting from delays,
nondeliveries, misdeliveries, service interruption, "down time," or Customer's
errors or omissions. Provider will not under any circumstances be responsible for any long
distant phone charges inccurred by customer. In the event that through its own negligence
Provider fails to provide Services, Provider's liability will be limited to the refund of
Customer's Monthly Service Fee, prorated according to the actual time for which Provider
failed to provide Services. Provider shall have no liability for failure to provide
Services resulting from the acts or omissions of third parties. Provider will not under
any circumstances be responsible for consequential damages, including, but not limited to,
any consequential damages arising from Provider's failure to provide Services in
accordance with this Agreement.
8. Complete Agreement; Severability. This Agreement supersedes any other written or
oral agreement, and represents the complete understanding between Provider and Customer.
If any provision of this agreement is held by a court of competent jurisdiction to be
contrary to law, the remaining provisions of this agreement will remain in full force and
effect. This agreement may be signed, but does NOT have to be signed to be enforced.
I have read the foregoing Agreement and acknowledge and agree to its terms.
Use of my account constitutes my acceptance of this
Agreement. Physical signature is not
required. In addition, under penalties of perjury I certify that I am
over the age of eighteen (18).
© 2008 Creative Computer
Consulting, LLC
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