REGISTRATION, WEB DEVELOPMENT, WEB HOSTING SERVICE AGREEMENT
1. AGREEMENT: In this Service Agreement ("Agreement") "you" and "your" refer to each customer, "we", "us" and "our" refer to Business Masters, (Business Masters (www.businessmasters.info)) And "Services" refers to the services provided by us as offered through Business Masters (www.businessmasters.info), the Service Provider ("SP"). This Agreement explains our obligations to you, and explains your obligations to us for various Services. By selecting our Services you have agreed to establish an account with us for such Services. When you use your account or permit someone else to use it to purchase or otherwise acquire access to additional Services or to cancel your Services (even if we were not notified of such authorization), this Agreement covers such service or actions. By using the Services under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and any pertinent rules or policies that are or may be published by us.
2. SELECTION OF A DOMAIN NAME: We cannot and do not check to see whether the domain name you select, or the use you make of the domain name, infringes on the legal rights of others. We urge you to investigate to see whether the domain name you select or its use infringes legal rights of others, and in particular we suggest you seek advice of competent counsel. You may wish to consider seeking one or more trademark registrations in connection with your domain name. You should be aware that there is the possibility we might be ordered by a court to cancel, modify, or transfer your domain name. You should be aware that if we are sued or threatened with lawsuit in connection with your domain name, we may turn to you to hold us harmless and indemnify us.
3. MODIFICATIONS TO AGREEMENT: You agree, during the period of this Agreement, that we may: (1) revise the terms and conditions of this Agreement; and (2) change the services provided under this Agreement. Any such revision or change will be binding and effective immediately on posting of the revised Agreement or change to the service(s) on our web site, or on notification to you by e-mail or regular mail as per the Notices section of this agreement, Section 21. You agree to review our web site, including the Agreement, periodically to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by e-mail or regular mail as per the Notices section of this agreement, Section 20. Notice of your termination will be effective on receipt and processing by us. You agree that, by continuing to use the Services following notice of any revision to this Agreement or change in service(s), you abide by any such revisions or changes. You agree that, by maintaining the reservation or registration of your domain name after modifications to the Dispute Policy become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modifications, you may request that your domain name be deleted from the domain name database.
4. MODIFICATIONS TO YOUR ACCOUNT: In order to change any of your account information with us, you must use your Account Identifier and Password that you selected when you opened your account with us. Please safeguard your Account Identifier and Password from any unauthorized use. In no event will we be liable for the unauthorized use or misuse of your Account Identifier or Password.
5. DOMAIN NAME DISPUTES: You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless. For any dispute, you agree to submit to the jurisdiction of the courts of your domicile, the courts of the geographic location indicated by your WHOIS information for your domain name, and the courts of Michigan.
6. AGENTS: You agree that, if an agent for you (i.e., an Internet Service Provider, employee, etc.) purchased our Services on your behalf, you are nonetheless bound as a principal by all terms and conditions herein.
7. ANNOUNCEMENTS: We reserve the right to distribute information to you that is pertinent to the quality or operation of our services and those of our service partners. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products or other information to add security or to enhance your identity on the Internet.
8. FEES, PAYMENT AND TERM: As consideration for the services you have selected, you agree to pay us the applicable service(s) fees. All fees payable hereunder are non-refundable unless we provide otherwise.
1. Your requested domain name will not be registered unless we receive actual payment of the registration fee, or reasonable assurance of payment of the registration fee from some other entity such as a credit card company (such reasonable assurance as determined by us in our sole discretion).
2. Your web site newly designed or transferred will not be posted on line unless we receive actual payment of for the Services provided or reasonable assurance of payment of the agreed upon Service fees, from some other entity such as a credit card company (such reasonable assurance as determined by us in our sole discretion).
3. In the event of a charge back by a credit card company, or a request for refund from a credit card company (or similar action by another payment provider allowed by us) in connection with the payments of the registration fee for your domain name registration, you agree and acknowledge that the domain name registration shall be transferred to Business Masters (www.businessmasters.info) (Business Masters,) as the ultimate paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. We reserve the same rights if you initiate an inquiry, which may lead to a charge back, or in the event that insufficient funds or a stop-payment order prevents payment of your check. We will reinstate your domain name registration solely at our discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee, currently set at US$200.
4. As further consideration for the Services, you agree to: (1) provide certain current, complete and accurate information about you as required by the registration process and (2) maintain and update this information as needed to keep it current, complete and accurate. All such information shall be referred to as account information ("Account Information"). You hereby grant us the right to disclose to third parties such Account Information. The Registrant, by completing and submitting the Domain Name Registration Agreement ("Registration Agreement"), represents that the statements in its application are true and that the registration of the selected Domain Name, so far as the Registrant is aware, does not interfere with or infringe upon the rights of any third party. The Registrant also represents that the Domain Name is not being registered for any unlawful purpose.
5. The standard term for a new a domain registration is two years. Registrants may opt to register for a period of up to ten years providing they pay the appropriate fee. Normal renewals are for one year or longer. We will make an effort to notify you when renewal fees are due. Should these fees go unpaid within the time specified in a second notice or reminder regarding renewal, your registration will be cancelled. Payment must be made by credit card or such other method as we may indicate in the registration application or renewal form. We will renew your name for you provided your credit card or other billing information is available and up to date, unless you instruct us otherwise within the time specified. If your billing information is not accurate and you wish to renew your domain name registration, we will attempt to contact you to update this information and charge you accordingly. Business Masters (www.businessmasters.info), accepts no responsibility or liability whatsoever for the failure to notify domain owners when domain renewals are due or in the event registrations are cancelled. Final responsibility for renewals and the timing of such renewals lies with the Registrant and/or domain owner.
9. REVOCATION: You agree that we may delete your domain name or terminate your right to use other Services if the information that you provided to register or reserve your domain name or register for other Services, or subsequently to modify it, contains false or misleading information, or conceals or omits any information we would likely consider material to our decision to register or reserve your domain name. You agree that we may, in our sole discretion, delete or transfer your domain name at any time.
10. BREACH: You agree that failure to abide by any provision of this Agreement, any operating rule or policy or the Dispute Policy provided by us, may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within thirty (30) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, then we may delete the registration or reservation of your domain name or terminate your e-mail account without further notice. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach by you.
11. ADVERTISING CONTENT: You have sole responsibility for the content of your advertising and warrant that: (1) you are authorized to sell all products or services advertised and to use any information or depiction in your advertising; (2) you have the right to use any trademarks, service marks or trade names in your advertising; and (3) your advertising complies with all applicable laws or regulations, including for example, licensing requirements and administrative or and regulations. You agree to indemnify us and any authorized sales agent as to any attorney’s fees, expenses, losses or damages which we may sustain by publishing your advertising. We reserve the right, bud do not accept any obligation, to reject or revise your advertising at our option if we receive any objection concerning your right to advertise as submitted.
1. By signing this Order you make a binding contract in which you apply and agree to pay for your advertising. We agree to accept your advertising unless in our judgment is does not conform to our editorial standards. We also reserve the right to require payment in advance as a condition of publication.
2. You agree to pay for your advertising (Advertising ordered as a result of this contract and any associated additional orders) in advance of publication. One half is to be paid at the time of contract signing and the balance after customer approval of the website, or 30 days after website start date, whichever comes first. The website will not be registered on the web until full payment has been received.
3. If you do not pay for your advertising as billed, we may declare the remaining amount payable in full and collect a late charge of the maximum rate allowed by state law until paid. You also agree to pay attorney’s fees and costs, which we may incur in collecting any unpaid amount. If more than one applicant requests advertising under this contract, all will be jointly and severally liable for all amounts due. We reserve the rights to remove advertising from the web if it is clear you will not pay the amounts due.
4. Your advertising will continue to be published on our servers under your URL/ DNS subsequent to the renewal date referred to on this order until cancelled in writing by either party 15 days prior to the end of date terminating the contract. You will be notified in wiring of any changes in the advertising rates for such subsequent years advertising.
5. You assume responsibility for the registration and protection of any copyright or any other intellectual property you may have in your own advertising and license to us the right to copy from your advertising. As to advertising which we prepare for your website and for your approval, you acknowledge that we are the author of the advertising and we retain title to it’s copyright, that we have no employment relationship with your and that the adverting is not to be considered a work for hire, Any reuse by other of our creation will be billed to the other party and to you at applicable rates.
12. LIMITATION OF LIABILITY: You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s). We and our contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data miss-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your Account Identifier or Password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or service(s) provided under this Agreement; (6) loss or liability resulting from the development or interruption of your Web site or email service. The registrant agrees that we will not be liable for any loss of registration and use of registrant's domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum liability exceed five hundred ($500.00) dollars.
13. NO GUARANTY: You agree that, by registration or reservation of your chosen domain name, such registration or reservation does not confer immunity from objection to either the registration, reservation, or use of the domain name.
14.SEVERABILITY: You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.
15. INDEMNITY: You agree to release, indemnify, and hold us, our contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney's fees, of third parties relating to or arising under this Agreement, the Services provided hereunder or your use of the Services, including without limitation infringement by you, or someone else using the E-mail Service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the service(s) provided. When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in deactivation of your domain name.
16. DISCLAIMER OF WARRANTIES: You agree and warrant that the information that you provide to us to register or reserve your domain name or register for other Services is, to the best of your knowledge and belief, accurate and complete, and that any future changes to this information will be provided to us in a timely manner according to the modification procedures in place at that time. You agree that your use of our Services is solely at your own risk. You agree that such Service(s) is provided on an "as is," "as available" basis. We expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service(s) or as to the accuracy or reliability of any information obtained through the our e-mail service or that defects in the Services software will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use our e-mail service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the e-mail service or any transactions entered into through the e-mail service. No advice or information, whether oral or written, obtained by you from us or through the e-mail service shall create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
17. RIGHT OF REFUSAL: We, in our sole discretion, reserve the right to refuse to register or reserve your chosen domain name or register you for other Services, or to delete your domain name within thirty (30) calendar days from receipt of your payment for such services. In the event we do not register or reserve your domain name or register you for other Services, or we delete your domain name or other Services within such thirty (30) calendar day period, we agree to refund your applicable fee(s). You agree that we shall not be liable to you for loss or damages that may result from our refusal to register or reserve, or delete your domain name or register you for other Services.
18. NON-AGENCY: Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.
19. NON-WAIVER: Our failure to require performance by the Registrant of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
20. NOTICES: Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via e-mail or via regular mail. In the case of e-mail, valid notice shall only have been deemed to have been given when an electronic confirmation of delivery has been obtained by the sender, in the case of notice to us or to accounts@Business Masters (www.businessmasters.info) or, in the case of notice to you, at the e-mail address provided by you in your WHOIS record or as updated from time to time. Mail shall be sent to Business Masters., 4048 Oak Tree Circle, Rochester, MI 48306 and to you at the mailing address provided by you as your contact information and as updated from time to time. Any e-mail communication shall be deemed to have been validly and effectively given on the date of such communication, if such date is a business day and such delivery was made prior to 4:00 p.m. (Eastern time) and otherwise on the next business day. Any communication sent via regular mail shall be deemed to have been validly and effectively given 5 business days after the date of mailing.
21. ENTIRETY: You agree that this Agreement, and the acceptable use policies as posted on our web site Business Masters (www.businessmasters.info) which constitutes the rules and policies as published us and are the complete and exclusive agreements between you and us regarding our Services. This Agreement and the Dispute Policy supersede all prior agreements and understandings, whether established by custom, practice, policy or precedent.
22. E-MAIL, DNS, and WEB HOSTING SERVICES: In the event that E-mail, DNS, and/or Web Hosting services are purchased and/or provided in addition to domain registration, the following terms and conditions also apply:
1. Description of E-Mail Service: Our Company is providing User with the capability to receive electronic mail via the World Wide Web on our Mail system. We represent and warrant that our services will be performed in a professional and workmanlike manner. We will use our best efforts to provide uninterrupted Email Connection and Access, but cannot be responsible for interruptions beyond our control caused, for example, by acts of nature, third-party equipment or transmission failures, or security breaches.
2. Payment Terms: You will pay us a one-time fee of US $150 for domain registration and a service fee of US$ (T.B.D. by Hosting Agreement) for e-mail delivery to your domain for term of your contract. The Service is renewable after the first year, and from year to year, according to the current Price Schedule in effect at the time of renewal. Notice will be given to customers in advance of the renewal period if there are any price changes.
3. Cancellation: You are entitled to cancel your service at any time or move your service to another Internet Service Provider. However, no refunds will be made on fees already paid. No charge is made by us for transferring the name service (DNS) for your domain to another service provider.
4. Disclaimer of Liability: All services are provided on an "as-is" and "as available" basis, without warranties of any kind, either expressed or implied, including but not limited to warranties of merchantability or fitness for a particular purpose.
5. You agree that use of our service is at your own risk. Neither we, our parent, our employees, affiliates, agents, third-party information providers, suppliers, merchants, licensors or the like, warranty that our service will not be interrupted or error free.
6. Under no circumstances, including negligence, will we, our parent, employees, affiliates, agents or anyone else involved in creating, producing or distributing our service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use our service. We will further not be liable for results from mistakes, omissions, interruptions, deletions of files, errors, defects, delays and operation, or transmission or failure of performance whether or not limited to acts of nature, communication failure, theft, destruction or unauthorized access to our records, programs or services.
7. Your exclusive remedy for all damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) will not (a) exceed the actual dollar amount which you paid during the 12-month period prior to the date the cause of action arose, or (b) include any incidental, consequential, extemporary or punitive damages of any kind, including without limitation, loss of data, file, profit, good will, time, savings or revenue. The failure by us to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision. User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
8. Activities Subject to Immediate Deactivation: Any email service or web presence service that is used for Illegal, Abusive or Unethical Activity may be immediately deactivated by us without warning or notice to you. Illegal, Abusive or Unethical Activities include, but are not limited to, obscenity, violations of privacy, hacking, computer virus, gambling, or promotion of gambling, and any harassing or harmful materials or uses, as determined by us. You agree to indemnify and hold us harmless from any claim resulting from your publications or use of Illegal, Abusive or Unethical materials. We are not required to give notice before deactivating your use of our services if, in our discretion, your use is or results in Illegal, Abusive or Unethical activities. If service is disabled, the regular fees still apply.
9. Unsolicited Electronic Mail: You are expressly prohibited from sending unsolicited bulk mail messages ("junk mail" or "spam"). This includes, but is not limited to, bulk mailing of commercial advertising, information announcements, and political tracts. Such material may only be sent to those who have specifically requested it. Malicious or threatening email is also prohibited. We reserve the right to immediately deactivate your use of our service if we discover such activity. Further, you agree to indemnify and hold us harmless from any claim resulting from your use or distribution of electronic mail services through the service provided through this Agreement. You also agree to allow us to block mail from Hosts known to produce spam.
10. Mail Privacy Policy: We consider email transmitted via our service to be the private correspondence between the sender and recipient. We will not monitor, edit or disclose the contents of a User's private communications, except that User agrees that we may do so: (a) as required by law; (b) to comply with legal process; (c) if necessary to enforce this agreement. User acknowledges and agrees that we do not endorse the content of any User communications and are not responsible or liable for any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, tortuous, or otherwise objectionable content, or content that infringes or may infringe the intellectual property or other rights of another
11. Public Nature of the Internet: User understands that all information submitted through the Internet shall be considered publicly accessible. For example, we are not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider that you may use. You should protect important and private information with encryption and other techniques.
12. Excessive Usage: Email service, which uses, in our discretion, CPU processing capacity on our servers in excess of the designed processing capacity will be subject to immediate deactivation.
13. Description of DNS and Web Hosting Service: Our company is providing User with a generic or customizable page on the World Wide Web or, in its stead, the capability to forward their domain name to an alternate web site of their choice. These services are provided gratis and are not part of the paid registration services. We represent and warrant that our services will be performed in a professional and workmanlike manner. We will use our best efforts to provide uninterrupted service, but cannot be responsible for interruptions beyond our control caused, for example, by acts of nature, third-party equipment or transmission failures, or security breaches.
14. There is a bandwidth limitation per domain per year of 200 megabytes of total data transferred through our servers. (Usually DNS hits are cached, so even the busiest sites won't go over the 200 MB limit. A typical site uses 5 MB per year of DNS bandwidth. 200 MB should get you about 1,000,000 DNS queries.) Usage that counts towards your quota includes bytes transferred during DNS queries, delivery of parked home pages, delivery of URL forwarding information, and delivery of forwarded e-mails. If a domain exceeds the 200 MB of transfer during a year, then a surcharge of $45 will apply for each 200MB or part thereof, of additional usage.
15. User acknowledges that we do not monitor or review any of User's material (as hereafter defined); However, User acknowledges that we may, upon receipt of a complaint, with respect to any of the User material or any other reason, Prevent User material from being accessible through the service; provided that we shall have no obligation to Prevent Such Access and no liability to User or any third party for Preventing Access To or failure to Prevent access to such material.
16. User Materials - Indemnification: Policies: User represents and warrants that any material which User places on the service, permits to be placed on the service with or without Users authority, or on the Internet and/or the Web through our service, including User's domain name(s), will not 1) violate the rights of any 3rd party and will not give rise to any claim of such violation 2) violate any federal, state or local law, rule or regulation of any type of any nature (civil or criminal), including without limitation, laws with respect to obscenity, indecency, harassment, or export controls or 3) contain or transmit any software disabling devices or internal controls including, without limitation, time bombs, viruses or the like. User shall indemnify and hold us and our employees, agents, shareholders, officers, directors and successors and assigns harmless from and against any and all claims, damages, liabilities, costs and expenses (including attorneys' fees and costs and settlement costs) ("Damages") arising out of any breach by Users of any of the representations, warrantees or agreements set forth in this agreement.
23. GOVERNING LAW: This Agreement shall be governed by and interpreted and enforced in accordance with the LAWS OF THE STATE OF MICHIGAN and the FEDERAL LAWS OF THE UNITED STATES OF AMERICA applicable therein without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in THE STATE OF MICHIGAN and you irrevocably consent to the jurisdiction of such courts.
24. INFANCY: You attest that you are of legal age to enter into this Agreement.
25. ACCEPTANCE OF AGREEMENT: YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE AGREEMENT AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.