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This
Agreement is made and entered
between CyberSpaceBuddy.com, a
division of CYBERSPACEBUDDY HOSTING, and
the customer (hereinafter called
Customer) and supersedes any other
written or oral agreement or
understanding. The following Terms
and Conditions shall apply to the
provision and use of the products
and services (individually a
"Service" and collectively
the "Services") provided
pursuant to a CyberSpaceBuddy.com
order form, submitted electronically
via CyberSpacebuddy’s Web site at http://www.CyberSpaceBuddy.com,
or via Postal Mail, Facsimile, or
hand-delivered. CYBERSPACEBUDDY HOSTING
may amend these Terms and Conditions
at any time and post them on its Web
site (http://www.CyberSpaceBuddy.com)
indicating the effective date
thereof. Your submittal of an order
for service, or your continued use
of CYBERSPACEBUDDY HOSTING's
service(s)
after an updated posting, shall be
deemed to be your acceptance of any
such modifications. The use of CYBERSPACEBUDDY HOSTING's services is subject
to the following Terms and
Conditions:
Orders
for Service and Service Date.
All orders for service are subject
to acceptance by CYBERSPACEBUDDY HOSTING.
An order will be deemed accepted by CYBERSPACEBUDDY HOSTING
when confirmation
of the order is sent to Customer. CYBERSPACEBUDDY HOSTING
may refuse to
accept any order, or delay
acceptance, awaiting completion of
conditions CYBERSPACEBUDDY HOSTING may
choose to exercise. The Service Date
shall be the date any CYBERSPACEBUDDY HOSTING
services ordered under
this Agreement are first available
for use by Customer. Customer
understands and acknowledges that
certain services require third-party
involvement, of which CYBERSPACEBUDDY HOSTING
has no control, and
Service Date may be delayed or
postponed, or services as included
in this Agreement or Order Form may
be unavailable to Customer. CYBERSPACEBUDDY HOSTING
shall endeavor to
provide Customer with reasonable
notice by telephone, e-mail or fax
of any intent to delay or decline
the acceptance of any order, or if
third-parties have notified CYBERSPACEBUDDY HOSTING
of any delays or
changes in available service.
Customer
Use of Services.
Customer agrees that CYBERSPACEBUDDY HOSTING's services may only be
used for lawful purposes. Any use of
the services that violates any
local, state, provincial, federal or
international law is prohibited.
Customer also agrees that use of the
services shall be in accordance with
CYBERSPACEBUDDY HOSTING's Acceptable Use
Policies, applicable Domain Name
Registration Agreements and Domain
Name Dispute Policies, and others,
which are posted on its Web site
(http://www.CyberSpaceBuddy.com) and
modified from time to time. It is
Customer's responsibility to monitor
all policies regularly to determine
whether the policies have been
modified. If changes have been made,
and if Customer does not agree with
any policy change, Customer must
immediately stop using CYBERSPACEBUDDY HOSTING's services and notify
CYBERSPACEBUDDY HOSTING of the
cancellation of service.
Term.
The Term shall be as shown on the
Order Form and shall begin on the
Service Date. In any case, the
minimum length of term for services
shall be 1 month.
Renewal.
The Agreement shall renew
automatically for identical
successive terms and for the same
fees unless either party provides
notification of non-renewal at least
ten (10) days prior to the end of
the current term to avoid being
charged for the next billing cycle.
Changes.
CYBERSPACEBUDDY HOSTING reserves the right
to change these Terms and
Conditions, its services, fees, and
order forms at any time, however,
the service fees stated on the
Agreement or Order Form shall remain
in effect during the term of the
Agreement. (If Customer has prepaid
for services, the service fees
stated on the Agreement or Order
Form shall remain in effect for the
period that Customer has prepaid.)
Increases in fees, if any, shall
become effective for the successive
term. Customer may elect not to
accept any increase in fees, at
which time Customer may decide, at
its sole discretion, to cancel this
Agreement and terminate service.
Payment
of Initial Fees and Service Fees.
CYBERSPACEBUDDY HOSTING's accounting cycle
begins on the 1st of each month.
Customer agrees to pay for the
Services rendered by CYBERSPACEBUDDY HOSTING
in advance of the time
period for which the Services are to
be provided. Payment of Initial Fees
(or Setup Fees) and the Service Fee
for the first billing period shall
accompany the Agreement or Order
Form for Service. CYBERSPACEBUDDY HOSTING
shall not be obligated to provide or
initiate any Services until this
initial payment has been received.
Payment
for additional on-line time,
additional Web site or FTP storage
or traffic, or co-location traffic
shall be invoiced each month and is
due and payable according to the
terms stated on the invoice. CYBERSPACEBUDDY HOSTING
has no obligation to
warn Customer regarding on-line
time, traffic or storage.
Interruption
of Services,
Accounting Hold, and Cancellation
for Nonpayment. Services may be
interrupted if any fees are
delinquent, or if Customer engages
in any conduct or activities which CYBERSPACEBUDDY HOSTING
in its sole
discretion believes breaches any of
the terms of this Agreement.
Delinquent accounts are those that
remain unpaid 10 days beyond the
beginning of the accounting cycle,
or the invoice due date, whichever
is later. Any delinquent Customer
accounts are subject to a late
charge of 1-1/2% per month and
suspension of services
("accounting hold") and
may not be used. CYBERSPACEBUDDY HOSTING
accounts on "accounting
hold" continue to accrue
charges while they are on hold.
Customer must pay all past due
amounts in order to remove accounts
from their "accounting
hold" status.
In
the event CYBERSPACEBUDDY HOSTING instigates any legal action to
collect any sums owed by customer, CYBERSPACEBUDDY HOSTING
shall be entitled
to an award of reasonable attorney
fees and costs incurred by CYBERSPACEBUDDY HOSTING
in connection with such
legal action, if a judgment in CYBERSPACEBUDDY HOSTING's favor is entered in
the legal action. An interruption of
service does not relieve Customer of
its obligation to continue to pay
Service fees. This Agreement is
cancelable by CYBERSPACEBUDDY HOSTING
if
Customer fails to pay any amount
payable under this Agreement on the
date that such amount is due and
payable.
Cancellation.
The Agreement is cancelable by
Customer upon payment of all
past-due fees and fees due for the
remainder of the current term.
Unless otherwise required by Special
Provisions for your service, the
request to cancel this Agreement
must be in writing at least ten (10)
days prior to the end of the current
term. Customer may send cancellation
request via an e-mail message to support@CyberSpaceBuddy.com,
by postal mail, or by fax. Upon
receipt of notice of cancellation, CYBERSPACEBUDDY HOSTING
shall send written
confirmation via e-mail, which shall
indicate the effective date of
cancellation. If Customer does not
receive this e-mail confirmation
within 2 business days, please call CYBERSPACEBUDDY HOSTING
and speak to a
representative.
Taxes.
CYBERSPACEBUDDY HOSTING shall not be
liable for any taxes or other fees
to be paid in accordance with or
related to purchases made from
Customer's or CYBERSPACEBUDDY HOSTING's
server(s). Customer agrees to take
full responsibility for all taxes
and fees of any nature associated
with any such products or services
sold.
Assignment.
Customer shall not, without prior
written consent of CYBERSPACEBUDDY HOSTING
(which shall not be unreasonably
withheld) assign, transfer or in any
other manner dispose of, and of its
rights, privileges, or obligations
under this Agreement.
Customer
Equipment and Facilities.
Customer shall at its own expense
undertake all necessary preparations
to comply with CYBERSPACEBUDDY HOSTING's
installation instructions and
provisioning process. Customer is
responsible for the use,
compatibility and maintenance of all
Customer owned equipment.
Disclaimer;
Compliance. Customer acknowledges
that CYBERSPACEBUDDY HOSTING does not and
cannot control the content, quality
or accuracy of information available
through its system or over the
Internet in general, and any use of
such information is at Customer's
own risk. By using CYBERSPACEBUDDY HOSTING's services, Customer
agrees to comply with the terms and
conditions stated herein or
otherwise generally provided by CYBERSPACEBUDDY HOSTING
to Customer from time
to time.
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