Amount Due At Signing = One Month
Hosting Fee and setup fees as stated in account menu.
All accounts will be billed
monthly by either Credit Card or Electronic Check. Termination of service is required by either Telephone, E-Mail, or
US Mail seven (7) days prior to first of month.
All hosting fees are non refundable at our low prices to
insure open access to everyone who wishes to utilize our business web site hosting
services. Our fees are some of the lowest in the industry and we encourage you to
use your business web hosting account for it's full duration and potential.
TERMS AND CONDITIONS
1. PARTIES DEFINED
724storefront.com is operated by PortHarbor.com, Inc. & 724storefront.com, Inc., a Florida Corporation.
This service contract (hereinafter the "CONTRACT") is
between PortHarbor.com & 724storefront.com, Inc., a Florida Corporation (hereinafter called
"724storefront.com") and the applicant for 724storefront.com services. (Yourself)
Hereinafter called the CLIENT who wishes to purchase and utilize Internet Web Hosting
services with 724storefront.com.
1a - The Virtual or Non Virtual Web Server Internet account
and related electronic services can only be used for legal purposes under all federal,
provincial, state and local laws. The CLIENT by entering into this agreement represents
that the content in which they are requesting to be hosted on 724storefront.com servers is
legally theirs, they own full legal intellectual, artistic and distribution rights to
publicly display said content on our servers and that their content does not violate rules
of pornographic community decency standards.
2. RELATIONSHIP BETWEEN 724storefront.com AND CLIENT
2a - CLIENT's rights and privileges can not be sold or transferred
without the written consent and approval from 724storefront.com thirty (30) days in advance.
The Client must request and have written approval from 724storefront.com for (V.A.R.)
value added reseller status. 724storefront.com of course retains the rights to modify or amend
this agreement for the Value Added Reseller intended CLIENT. We welcome and encourage the
V.A.R. minded client. Approval for this program is usually not a problem.
2b - This contract represents the complete understanding
between CLIENT and 724storefront.com. If CLIENT sells advertising or hosting under their Value
Added Reseller Status to a third party. The CLIENT will be held responsible for the
content of that advertising or hosting material and the actions of that third party.
2c - The CLIENT has a full understanding that they will not attempt
to sell services to Adult, Sexual, Hate Group, Warez MP3 or Defamation theme
oriented companies or individuals wishing to post web site content of this nature. The
CLIENT has a full understanding that the services offered on 724storefront.com are for general
retail and wholesale electronic commerce and presentation driven customers only.
(Business Web Hosting)
2d - CLIENT agrees not to harm 724storefront.com servers, it's
reputation, computer systems, programming and/or other Clients using 724storefront.com services.
Allowing access to your account by any party not approved by System Administrator is a
breach of contract. ANY AND ALL SECURITY VIOLATIONS WILL RESULT IN IMMEDIATE
DEACTIVATION OF ACCESS AND MAY RESULT IN TERMINATION OF ACCOUNT. In the event
of termination no credits or refunds will be issued.
2e - CLIENT agrees to all conditions of web site technical
assistance, marketing, site production, hosting, and any other service by ordering the
service, repair, or assistance from any technician, developer, or site production
coordinator within the employ of 724storefront.com. Client will be bound to quoted
amount after work has begun. Upon incomplete or cancellation of job/service client
is eligible for refund of the unused portion only. If a balance is due after job/service
cancellation, the client has fifteen (15) days to pay balance due. CLIENT BINDS
HIMSELF/HERSELF/COMPANY/CORPORATION UPON TRANSFER OF FUNDS EITHER THROUGH CREDIT CARD
TRANSACTION, FACSIMILE TRANSMISSION OF CHECK, WIRE TRANSFER, VERBAL AUTHORIZATION TO
DEBIT CLIENT(S) CHECKING ACCOUNT OR ANY OTHER MEANS OF TRANSFERRING FUNDS OR TRADE OF
SERVICES NOT LISTED ABOVE. Client may cancel any ordered job/service before begin of
work and not be held liable for any quote, written estimate, or verbal job cost estimation.
3. INTERRUPTIONS IN SERVICE
724storefront.com will use its best efforts to maintain a full time 7/24
Internet presence for CLIENT. No Internet Hosting facility may absolutely guarantee
total 24 hour stability and scheduled down times for service will occur. 724storefront.com
will of course do it's best for minimal service interruptions. 724storefront.com is not liable
for any errors or interruption in service, whether within or outside of 724storefront.com
reasonable control. CLIENT understands interruptions may or may not occur and CLIENT will
hold 724storefront.com free and harmless from any damages incurred in any event of any time of
loss. Service may be temporarily unavailable for scheduled maintenance, either by
724storefront.com, It's affiliated networks or by third-party providers, or because of power
interruptions or other causes beyond 724storefront.com control. The CLIENT also has a full
understanding and agreement that the Internet as a whole is an experimental technology and
is not perfect and errors will occur. 724storefront.com does it's best on a regular basis to
keep these problems at a minimum for the convenience of all of 724storefront.com Clients.
4. CPU USAGE
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CLIENT agrees that they, He or
She shall not use excessive amounts of CPU intensive processing on any of
724storefront.com servers. Any violation of this policy may result in
user's immediate termination at the sole discretion of 724storefront.com without prior notice.
In the event that 724storefront.com elects to terminate users account on this basis it is up to
the discretion of 724storefront.com whether or not a refund will be given.
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- 5. BANDWIDTH & DISC
SPACE USAGE
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- Client agrees that if They, He
or She is to go over the bandwidth and or disc space allotments as stated in the
service package purchased by CLIENT on our account menu, 724storefront.com has the right to
upgrade the service and bill accordingly for the bandwidth and or disc space used. We frequently monitor
these parameters and are most concerned about the overall reliability of our servers for
all of our Clients benefit. Our
standard hosting package plans are designed for Web Site content only and are not intended
or permitted to be used as a software distribution hub due to excessive bandwidth
requirements for this type of service. If you need this type of service you must advise us
and we will bill you accordingly. We reserve the right to remove this type of service from
our our servers without any adverse affects if we discover these types of accounts are
operating without our knowledge under our standard hosting programs.
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6. PASSWORD PROTECTION AND ACCOUNT SECURITY
6a - CLIENT is responsible for protecting CLIENT'S password from any
authorized or unauthorized use made of CLIENT's password. CLIENT will not use or permit
anyone to use 724storefront.com service to guess passwords or to access other systems or
networks without authorization. 724storefront.com will fully co-operate with law enforcement
authorities in the detection and prosecution of illegal activity.
6b - CLIENT shall be
solely responsible for protecting the security of its 724storefront.com account and usage.
CLIENT's password shall be considered private information and shall not be disseminated or
in any other manner disclosed and/or transferred to third parties. 724storefront.com shall not be liable for any breach of security caused by user
or third parties. 724storefront.com will use its best
efforts to maintain the integrity and security of user's password.
IN NO EVENT SHALL 724storefront.com LIABILITY EXCEED THE TOTAL COST OF
THIS CONTRACT BETWEEN 724storefront.com AND THE CLIENT.
7. IP ADDRESSES
724storefront.com retains as it's exclusive property all issued I.P.
numerical addresses issued to the CLIENT for the purpose of hosting the clients site on
724storefront.com servers or it's affiliated networks. If the CLIENT discontinues service with
724storefront.com or if 724storefront.com discontinues service to the client. The I.P. numerical
address is non transferable and shall remain the sole property of 724storefront.com.
8. PROFESSIONAL CONDUCT AND INTERNET
ETIQUETTE (Netiquette)
CLIENT is expected to be familiar with and to practice good Internet
etiquette (Netiquette). CLIENT will comply with the rules appropriate to any server or
network to which 724storefront.com may provide access. CLIENT should not post, transmit, or
permit Internet access to information CLIENT desires to keep confidential. CLIENT is not
permitted to post any material that is illegal, libelous, slanderous, defamatory,
tortuous, or likely to result in retaliation against 724storefront.com by offended users.
724storefront.com reserves the right to refuse or terminate service at any time. CLIENT
will indemnify 724storefront.com and hold 724storefront.com harmless from any damage to 724storefront.com
servers, affiliated networks, business, service, equipment, networks operations, or
reputation resulting from CLIENT's actions, including but not limited to any government
actions, acts of vandalism or other retaliation, and any claims of libel, unfair
competition, infringement of any patent, copyright, trademark, service mark, or other
intellectual property right, violation of privacy, or other tort.
9. ZERO
TOLERANCE NO SPAM Policy (UNSOLICITED COMMERCIAL BULK
EMAIL)
724storefront.com may NOT be used to transact Unsolicited Commercial
E-mail (UCE or UCBE). (Definition more than TWELVE 12 unsolicited items distributed NOT at
the request of the recipients) This is commonly referred to as "SPAM". CLIENTS
of 724storefront.com may not use, or permit their customers or others under their account
to use, the 724storefront.com servers or affiliated networks to send unsolicited
e-mail. 724storefront.com will not host, or permit hosting of sites or information that is
advertised by unsolicited e-mail from other networks. 724storefront.com will not permit CLIENTS
to SPAM newsgroups, or SPAM from other networks or that may or may not point to a site on
724storefront.com Servers or affiliated networks. CLIENTS that transact unsolicited
e-mail are in breach of this contract. Every reasonable attempt will be made to contact
the CLIENT and allow them to resolve the problem or complaint before taking action but
this shall in no way restrict or impede 724storefront.com ability to immediately remove an
offending site if 724storefront.com deems this as a necessary step to protect the operations of
our servers and affiliated networks. 724storefront.com reserves the right to place a temporary
block in the event the CLIENT is unreachable, or is unable to stop the Unsolicited Bulk
E-Mail. CLIENT will constitute this contract as "fair warning" as to 724storefront.com
strict "ZERO TOLERANCE NO SPAM" policy. 724storefront.com reserves the right to
terminate services without any refunds of the unused portion prepaid by CLIENT when CLIENT
is in violation of "NO SPAM" policy. Notice given by electronic mail shall be
deemed received on (1) business day after it is posted to the recipient's e-mail address.
724storefront.com may also fine the individual CLIENT or agent a minimum of $500.00 per SPAM
incident for violation of this policy. Fees shall be addressed according to perceived
damages at the sole discretion of 724storefront.com. This decision shall be indisputable and
final. Bottom Line Don't SPAM off of our Servers. It is our policy to never purchase
anything from SPAM E-Mailers who solicit 724storefront.com. You don't like it when you receive
it and no one else does either ! Don't SPAM if you want to be successful on
the Internet !
10. EXPERIMENTAL TECHNOLOGY WARRANTY AND ASSUMPTION OF RISK
CLIENT uses 724storefront.com services at CLIENT's own risk under the
assumption that the World Wide Web as a whole is an experimental technology.
724storefront.com makes no warranty, expressed or implied, including but not limited to any
warranty of merchantability or fitness for a particular purpose. 724storefront.com shall not be
liable for any loss or other damages, including but not limited to special, incidental,
consequential, or punitive damages, resulting from any failure to provide service or from
any termination of service. 724storefront.com has no control whatsoever and shall not be
responsible to CLIENT for the content of any web site or for the content of any
third-party material passing through or associated with CLIENT's web site, some of which
may be illegal, inaccurate, adult in nature, harmful, or offensive. 724storefront.com reserves
the right to remove without notice any questionable content outside of what would be
considered normal Business Web Site Hosting. The purpose in which this account was issued.
11. TERM OF CONTRACT, TERMINATION, AND RENEWAL
11a - All hosting contracts are on a monthly basis. CLIENT shall pay
724storefront.com monthly recurring fees, plus bandwidth/traffic charges as outlined on
hosting account menu. Pre-payment of monthly recurring fees is due by the time
stated in agreement at time of signing up for services with 724storefront.com or on the
first day of every month. Amounts past due more than 15 days may result in the
termination of CLIENT's account. If the account is past due and suspended/terminated
for non receipt of payment. A $25.00 Re-Connection fee will be placed on the account of
the CLIENT. If 724storefront.com receives a returned check from the CLIENT, 724storefront.com will
charge a $25.00 returned check charge payable by the CLIENT. Taxes, special services and
third party charges will be stated separately where applicable. CLIENT shall pay all
taxes, fees, and governmental charges where applicable. 724storefront.com may change prices
upon 30 days prior notice either by e-mail, telephone or postal correspondence.
b) 724storefront.com has the right to refuse service if CLIENT content of
information provided is deemed illegal, unethical, misleading, contains child pornography,
bestiality, promotion of illicit drugs, hate groups or literature by CLIENT and/or
CLIENT's third-party. CLIENTS who provide the above-mentioned illegal content are in
breach of the contract. 724storefront.com may terminate service without notice and without
any refunds of CLIENT's unused pre-paid portion of funds.
c) All cancellations by CLIENT of service or changes in service must
be in writing to 724storefront.com seven (7) days prior to the requested service termination date
or beginning of billing cycle. The
CLIENT has a full understanding that 724storefront.com does require a minimum billing of One
Month for Virtual Hosting and 1 Month for Non Virtual Hosting. Hosting fees are not refundable. The CLIENT shall agree to
pay 724storefront.com under these minimum purchase requirement guidelines.
d) If CLIENT breaches any part of this contract and 724storefront.com has
to engage the services of an attorney, the CLIENT will pay any and all of
724storefront.com reasonable attorney fees and court costs.
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12. LIMITATION OF LIABILITY
In no event shall 724storefront.com, It's affiliated networks or any of
its officers, contractors, or employees be liable for any loss of profit or revenue by
CLIENT or for any consequential, incidental, special or exemplary damages incurred or
suffered by CLIENT, nor for any loss of power or heating, ventilation, and air
conditioning interruption, even if 724storefront.com has been advised of the possibility
of such loss or damage. CLIENT shall indemnify and hold harmless 724storefront.com from and
against any all claims, costs, expenses or liability arising out of CLIENT's (inclusive
CLIENT's officer, contractors, employee agents and invitees) collective or individual use,
occupancy or operation of CLIENT's web site content and/or information.
12a - CLIENT agrees that 724storefront.com shall have no liability for the services, data or
information provided to the public on the Internet including but not limited to any
liability for consequential, indirect, special or incidental damages, regardless of the
success or effectiveness of other remedies.
12b - CLIENT further agrees that 724storefront.com shall not be liable
for any damages or losses sustained by CLIENT for business or other activities conducted
on the Internet including but not limited to consequential, indirect, special or
incidental damages.
12c - CLIENT Agrees that it shall NOT
hold 724storefront.com or any of it's
affiliated networks liable for any loss of business, lost opportunity, consequential,
indirect, special or incidental damages as a result of any interruption in service.
12d - IN NO EVENT SHALL 724storefront.com
LIABILITY EXCEED THE TOTAL VALUE PAID TO
724storefront.com BY the CLIENT.
13 SECURITY
724storefront.com will try to keep its
network secure to the best of 724storefront.com ability but can't be held liable if there is a
security breach. The CLIENT is always encouraged to keep full back-up copies of all of
their web site's content to reload in the event of any failure on the part of 724storefront.com
Servers.
- 14 FULL VIRTUAL DOMAIN NAME OWNERSHIP
CLIENT shall be responsible
for all costs and fees associated with its domain name including, but not limited to all
costs and fees for moving same where applicable.
User shall make payment directly to the issuer. (Possibly Network Solutions, Not 724storefront.com) Under no circumstances shall
724storefront.com be responsible for this cost.
All CLIENTS ARE
BOUND TO THE ABOVE TERMS AND CONDITIONS.
IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, A WRIT OF
AUTHORIZATION MAY BE OBTAINED PRIOR TO CONTRACTUAL SERVICES OR HOSTING
TO WAIVE SUB-PARAGRAPHS IN QUESTION.
I have read and understand all said terms and conditions of 724storefront.com.
I agree to fully abide by all conditions, rules, and regulations as
described above.
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