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THIS AGREEMENT is made and entered
between Loffler Turner Solutions hereinafter referred
to as LTS, and the Customer, who wishes to use the services
of LTS in accordance with LTS' standard application.
NOW, THEREFORE, in consideration of the foregoing premises
and the mutual covenants hereinafter set forth, the
parties hereto agree as follows:
1. SERVICE DESCRIPTION: As a World Wide Web host provider,
LTS, or its representatives, will provide server computers,
which are integrated into the Internet. These server
computers shall send and receive information in relationship
to the World Wide Web.
2. CONDITIONS: The application and this Agreement constitute
a binding contract between LTS and the Customer and
does not extend to any other person or entity. Customer
may resell to third parties but is responsible for third
party activities and content, and is bound by the terms
under this Agreement. You may cancel at anytime, however,
fees already paid are non refundable.
3. WARRANTIES: With respect to the service to be provided
herein, the Customer acknowledges that LTS makes absolutely
no warranties whatsoever, express or implied. As a result,
the Customer agrees that LTS shall not be liable to
the Customer for any claims or damages which may be
suffered by the Customer, including, but not limited
to, losses or damages resulting from the loss of data
as the result of delays, non-deliveries, or service
interruptions.
4. INFORMATION: The utilization of any data or information
received by the Customer from the utilization of the
service to be provided by LTS is at the Customer's sole
and absolute risk. LTS specifically disclaims and denies
any responsibility for the completeness, accuracy or
quality of information obtained through the services
to be provided hereby.
5. DOMAIN NAME: If LTS shall acquire an Internet Domain
Name on behalf of the Customer, then in such case the
Customer hereby waives any and all claims which it may
have against LTS, for any loss, damage, claim or expense
arising out of or in relation to the registration of
such Domain Name in any on-line or off-line network
directories, membership lists or registration lists,
or the release of the Domain Name from such directories
or lists following the termination of the providing
of this service by LTS for any reason. The client will
be listed as the owner of the domain name. LTS will
be listed as administrative, technical and billing contact
so that we can handle the automatic renewal of your
domain names for you.
6. PAYMENT: The first payment is due at the time the
application is filled out and returned to LTS. Subsequent
payments are due each month on the same day the
account was first sctivated, following the establishment
of the web space on the Internet. For renewals, hosting
plans will be automatically renewed, with payment due
prior renewal date. Clients can review renewal date
and balance due information in their control panels,
and are responsible for paying a balance due when shown.
In the event that the Client fails to pay for such services,
LTS shall be entitled to unilaterally terminate this
Agreement and discontinue the service and suspend the
website hosting until payment is made.
7. UNILATERAL SERVICE REVOCATION: In the event that
LTS may at any time believe that the service is being
utilized for unlawful purposes by the Customer or in
contravention with the terms and provisions herewith,
LTS may immediately discontinue such service to the
Customer without liability. This will include adult
content, links to adult content and/or unsolicited email
(spam).
8. INDEMNIFICATION: The Customer shall indemnify and
hold harmless LTS from any and all loss, cost, expense,
and damages on account of any and all manner of claims,
demands, actions, and proceedings that may be initiated
against LTS on the grounds that the web space content
violates any copyright, proprietary right of any person,
state and federal regulations, or contains any matter
that is libelous or scandalous.
9. CHANGES IN TERMS OF AGREEMENT: LTS reserves the right
to make changes to the terms and conditions of this
Agreement upon thirty (30) days notice to the Customer,
advising of the change and the effective date thereof,
but with changes in service fees being effective only
at the end of any period for which the Customer has
prepaid. Utilization of the service by the Customer
following the effective date of such change shall constitute
acceptance by the Customer of such change(s).
10. ENTIRE AGREEMENT AND UNDERSTANDING: This instrument
and the application for web space constitute the entire
agreement between the parties, and represent the complete
and entire understanding of the parties with respect
to the subject matter of this Agreement.
11. GOVERNING LAW: This Agreement shall be governed
by the laws of Florida in the United States of America.
In the event that any term or provision of this instrument
is held by a court of competent jurisdiction to be unenforceable,
then the remaining provisions of this instrument and
the agreement which it evidences, shall remain in full
force and effect.
IN WITNESS WHEREOF, the parties hereto, intending to
be legally bound hereby, and in consideration of the
covenants and agreements contained herein, do hereby
execute this instrument, with each party warranting
their ability to enter into this agreement for the person
or entity herein named as a party hereto.
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