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Hosting Plans Service Agreement |
| THIS AGREEMENT is made and entered into this day and is by and between: Merrill E Grayson, d/b/a CFWebDesigns.com, who's principal place of business at 1427 W 86th St., Ste. 233, Indianapolis, Indiana 46260, (hereinafter referred to as "cfwebdesigns.com") and with its place of business for the purpose of this agreement at: (hereinafter referred to as the "CUSTOMER"). The parties hereto do hereby agree as follows:
1. DESCRIPTION OF SERVICE cfwebdesigns.com, as an Internet World Wide Web service provider, provides a dedicated server computer that is integrated into the Internet. This server computer sends and receives information as related to the World Wide Web. CUSTOMER wishes to connect to and utilize the software and hardware facilities of CFWebdesigns.com to establish an Internet Web Site. 2. USE OF SERVICE
3. NO WARRANTIES: In reference to the service which will be provided hereunder, CUSTOMER acknowledges that CFWebdesigns.com does not make any warranties, expressed or implied, under any circumstances. As a result of this, CUSTOMER agrees that CFWebdesigns.com or its Officers, Directors, Shareholders, Employees and/or Agents and Vendors shall not be liable to CUSTOMER for any claims of actual, compensatory and/or consequential damages which may be suffered by CUSTOMER, including, but not limited to, losses or damages due to the loss of data resulting from delays, non-deliveries, or service interruptions caused by the fault or negligence of cfwebdesigns.com. In the event that CFWebdesigns.com shall breach this Internet Web Service Contract its liability to CUSTOMER shall be limited to three (3) months service charges to CUSTOMER. 4. INFORMATION USAGE: The use of any data or material which CUSTOMER receives from the service provided by CFWebdesigns.com is at CUSTOMER'S sole and absolute risk. CFWebdesigns.com specifically disclaims and denies any responsibility for the completeness, or accuracy of quality of any and all information obtained through the services to be provided hereby. 5. DOMAIN NAME: Should CFWebdesigns.com acquire an Internet Domain Name on the CUSTOMER'S behalf, then in such case the CUSTOMER hereby waives any and all claims which it may have against CFWebdesigns.com for any loss, damage, claim or expense arising out of or in relation to the registration of such Domain Name from such directories or lists following the termination of the providing of this service by CFWebdesigns.com for any reason. 6. INVOICING AND SERVICE FEES: Invoicing for web site shall be as follows: CUSTOMER will be billed for a minimum of three (3) months service in advance. Payments of the service fee through the end of the 3 month period will be done upon inception (Sign up Date) . In the event that CUSTOMER shall fail to pay in advance for the services provided herein or in the event there shall exist any delinquency in the CUSTOMER's account then in such event CFWebdesigns.com reserves the right, in its sole, absolute and unfettered discretion, to terminate this Internet Web Service Contract and discontinue service to CUSTOMER without notice or liability for actual, compensatory or consequential damages to CUSTOMER for the interruption in service. CFWebdesigns.com shall be entitled to unilaterally terminate this agreement, in which case the provisions of paragraphs 2,3,4, and 5 shall continue in full force and effect, and/or, at its sole discretion, CFWebdesigns.com may discontinue or suspend service to CUSTOMER until payment is made. Any service disconnection or suspension will result in the requirement of a Thirty dollar re-connect fee. Additional data transfer is available at 12 cents per MB. All support inquiries are to be initiated via email to: support@cfwebdesigns.com. CFWebdesigns.com will make a diligent effort to resolve any problems related to cfwebdesigns.com's hardware or supporting software. Only once all email inquiries have failed, will CFWebdesigns.com provide support via telephone. 7. CHANGES IN TERMS OF AGREEMENT: CFWebdesigns.com reserves the right to make changes to any of the above terms and conditions of this agreement upon thirty (30) days written notice to CUSTOMER, advising of the change and the effective date thereof, but with changes in monthly service fees being effective only at the end of any calendar quarter for which CUSTOMER has already prepaid. The use of the service by the CUSTOMER following the effective date of such change shall be proof of acceptance by CUSTOMER of such change(s). 8. ENTIRE AGREEMENT AND SEVERABILITY: This instrument constitutes the entire agreement between the parties, and represents the complete and entire understanding of the parties with respect to the subject matter contained in this agreement. This instrument supersedes any other agreement or understanding between the parties, whether written or oral. 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. This Agreement shall be construed and interpreted pursuant to the laws of the State of Indiana. Venue of any action arising out of this Agreement or any modifications thereto shall be in the Superior Court in and for Marion County, Indiana. 9. CUSTOMER ADDENDUM - UNAUTHORIZED USE OF CFWebdesigns.com SERVICES Anyone using CFWebdesigns.com services for the following unauthorized activities are subject to the following terms and conditions. ANYONE using any CFWebdesigns.com service without authority will be billed accordingly.
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