Terms of ServiceCHILIPEPPERWEB.NET reserves the right to terminate service for any but not limited to the following reasons: web sites considered to be of pornographic nature by CHILIPEPPERWEB.NET, web sites involved in domain name disputes, failure to pay for services on time, solicitation or selling of illegal products or services. If CHILIPEPPERWEB.NET does not receive notice of cancellation, CHILIPEPPERWEB.NET will continue to provide hosting and bill appropriately. Terms of Agreement 1. PRICES A. All prices for Plans provided by CHILIPEPPERWEB.NET to Customer are U.S. dollars. B. Customer shall be responsible for paying all taxes of any nature which become due with regard to CHILIPEPPERWEB.NET services, except for taxes on CHILIPEPPERWEB.NET's income, irrespective of which party may be responsible for reporting or collecting such taxes. 2. ORDER ACCEPTANCE, PAYMENT A. All orders are subject to acceptance by CHILIPEPPERWEB.NET. An order will be deemed accepted by CHILIPEPPERWEB.NET when written confirmation of the order is sent to Customer. CHILIPEPPERWEB.NET may refuse to accept any order, or delay acceptance pending fulfillment of conditions CHILIPEPPERWEB.NET may choose to impose. Such refusal or such conditions may not be unreasonable, however, and CHILIPEPPERWEB.NET agrees to provide Customer with reasonable notice via Email or fax of any intent to delay or decline the acceptance of any order. B. Payment and Terms: Payment shall be made in US dollars to CHILIPEPPERWEB.NET using the method designated by CHILIPEPPERWEB.NET, or as may otherwise be agreed in writing by the parties. Payments are due upon account activation and future renewal. If due to bank charges, transfer fees, or the like, CHILIPEPPERWEB.NET should receive less than its invoice amount, CHILIPEPPERWEB.NET will re-invoice Customer for the shortfall. Customer agrees to be bound by CHILIPEPPERWEB.NET's published Billing Policies and terms. In the event that any amount remains unpaid fifteen (15) days after presentation of invoice, CHILIPEPPERWEB.NET may discontinue, withhold, or suspend services to Customer and/or its customer(s) to whom such unpaid amounts relate. 3.
DUTIES OF CHILIPEPPERWEB.NET A. ICANN Guidelines. Additionally, Customer acknowledges that ICANN may establish guidelines, limits and/or requirements that relate to the amount and type of information that our hosting and registrar partners may or must make available to the public or to private entities, and the manner in which such information is made available. Customer hereby consents to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by Customer in connection with the registration of a domain name (including any updates to such information), whether during or after the term of Customer's registration of the domain name. B. Third Party Data. In the event that, in registering the domain name, Customer is providing information about a third party, Customer hereby represents that Customer has (1) provided notice to that third party of the disclosure and use of the party's information as set forth in this Agreement, and (2) that Customer has obtained that third party's express consent to the disclosure and use of that party's information as set forth in this Agreement. C. Accuracy of Data. Customer acknowledges that willfully providing inaccurate information or willfully failing to update information promptly will constitute a material breach of this Agreement and will be sufficient basis for cancellation of Customer's domain name registration. (In addition, under certain federal laws, such provision of inaccurate or false information is one factor in determining whether Customer may have violated the trademark rights of another party in registering a domain name confusingly similar to such party's trademark.) Customer is responsible for notifying CHILIPEPPERWEB.NET in writing of changes in its contact information. In addition, Customer agrees that Customer's failure to respond for over fifteen (15) calendar days to inquiries by CHILIPEPPERWEB.NET concerning the accuracy of contact details associated with Customer's registration shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of Customer's domain name registration. D.
If Customer Has Registered a Domain Name Through A Third Party.
If Customer has registered a .com, .net, or .org domain name through
a third party, or Customer asked CHILIPEPPERWEB.NET to register
the domain name for Customer, Customer is bound by the domain registration
policies of that registrar. For example, domains registered with
Network Solutions, Inc. ("NSI") are subject to the agreement
Customer entered into with NSI. By applying for the domain name
and through the use or continued use of the domain name, the applicant
agrees to be bound by the terms of NSI's domain name policy (the
"NSI Policy") which is available at: E. Domain Name Transfers. If Customer has requested that the domain name registrar of record for Customer's domain name(s) (as identified by Customer during the registration process) be transferred to CHILIPEPPERWEB.NET and its hosting or registrar partners, the following terms shall apply: In making the transfer request, Customer represents and warrants that: *
Customer is the rightful holder of the registration for the domain
name(s) that Customer seeks to transfer. Customer agrees that neither CHILIPEPPERWEB.NET nor its hosting or registrar providers will have any responsibility for any obligations that Customer may owe to the current registrar of record for the domain name(s) Customer seeks to transfer, and that Customer will be responsible, pursuant to the indemnification provision herein, for any costs that CHILIPEPPERWEB.NET may incur in resolving any claims brought by any third party (including the current registrar of record) relating to this transfer. Customer will not be entitled to a refund or credit for any amounts that Customer may have paid to the current registrar of record. Upon the completion of the transfer process, however, the term of Customer's registration will be extended by the period for which Customer has paid CHILIPEPPERWEB.NET Customer agrees that CHILIPEPPERWEB.NET may charge Customer an additional maintenance fee in order to maintain Customer's domain name for any term carried over from the current registrar of record. Upon receipt of a request to transfer a domain name from another registrar (losing registrar) to CHILIPEPPERWEB.NET, CHILIPEPPERWEB.NET requires validation of the request from the Administrative Contact on record at the time of the transfer request. Customer authorizes CHILIPEPPERWEB.NET to take all actions reasonably necessary to transfer the domain name(s), including contacting and updating Customer's registration information with the current registrar of record and the registry. Except as noted above, CHILIPEPPERWEB.NET will treat Customer's transfer request as an initial domain name registration and will provide all subsequent domain name services in accordance with the terms and conditions herein. The term "register" or "registration," as used in this Agreement, shall be read to include the transfer of a domain name registration from Customer's current registrar of record to CHILIPEPPERWEB.NET or its registar partners. F.
Third-Party Proprietary Rights: Customer shall be solely responsible
for ensuring, and hereby represents and warrants to CHILIPEPPERWEB.NET, that Customer's domain name does not infringe upon any trademark,
trade names, service mark or other proprietary rights owned by a
third party. Customer agrees to be bound by the terms of the dispute
policy adopted by the domain name registry, and related agreements
that Customer will be asked to review and indicate Customer's acceptance
of during the domain name registration process. In the case of gTLDS
(global Top Level Domains, including but not limited to .com, .net,.org,
.biz, and .info), the dispute policy is the ICANN Domain Name Dispute
Policy, which is posted at G. Welcome Page. Customer consents to CHILIPEPPERWEB.NET's activation ("parking") of the registered domain name on a "Welcome Page" containing a notice indicated the domain is reserved. Such "Welcome Page" indicates that CHILIPEPPERWEB.NET registered the domain name, and links to CHILIPEPPERWEB.NET's website. This "Welcome Page" may be replaced by the Customer when the Customer contracts for Web hosting and posts Customer's own content. H. Domain name search process. CHILIPEPPERWEB.NET endeavors to make the domain name availability search process reliable; however, CHILIPEPPERWEB.NET does not guarantee availability of domain names or the accuracy or security of the WHOIS system. The registration process is not complete until the domain name requested by Customer has been registered in Customer's name with the appropriate registry. Because there are delays in the actual registration of a domain name with the appropriate registry, CHILIPEPPERWEB.NET is not responsible if domain names requested by Customer are actually registered to third parties. I.
If Customer has registered a .CO.UK domain name, Customer must also
agree to NOMINET UK's terms and conditions, currently posted at
4. TERMS OF SERVICE A. Server Set-Up and Updating: CHILIPEPPERWEB.NET will initially configure the web server and the hosting account for use. After the hosting account is configured, Customer will be solely responsible for all account content management. B. Maintenance Services: CHILIPEPPERWEB.NET will perform maintenance services as CHILIPEPPERWEB.NET determines reasonably necessary to maintain the continuous operation of the hosting account. Customer acknowledges such maintenance may require Web server and hosting account downtime, and such downtime will not count against any uptime guarantees. CHILIPEPPERWEB.NET will attempt to provide prior notice of maintenance downtime except when circumstances beyond CHILIPEPPERWEB.NET's control limit CHILIPEPPERWEB.NET's ability to do so. C. Account Usage: Customer shall not use (i) excessive amounts of CPU processing on Customer's Web server, or (ii) bandwidth or disk usage in excess of the monthly amount ordered. Customer acknowledges any violation of this policy may result in corrective action by CHILIPEPPERWEB.NET, in its sole discretion, including assessment of additional charges or disconnection or discontinuance of any and all Services to Customer. In the event that CHILIPEPPERWEB.NET decides to take corrective action, Customer shall not be entitled to a refund of any fees paid in advance prior to such corrective action. D. Customer shall be solely responsible for (a) the development, operation, and maintenance of Customer's Web site and products and all content and materials appearing within the Web site or related to Customer's products, including without limitation (i) the accuracy and appropriateness of content and materials appearing within the Web site or related to Customer's products, (ii) ensuring that the content and materials appearing within the Web site or related to Customer's products do not violate or infringe upon the rights of any third party, (iii) ensuring that the content and materials appearing within the Web site or related to Customer's products are not libelous or otherwise illegal; (b) the final calculation and application of shipping and sales tax; (c) accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising therefrom; and (d) the security of any customer credit card numbers and related customer information Customer may access as a result of conducting electronic commerce transactions through the Web server software. E. IP Address Ownership: CHILIPEPPERWEB.NET and/or CHILIPEPPERWEB.NET's service providers shall maintain and control ownership of all IP numbers and addresses that may be assigned to Customer by CHILIPEPPERWEB.NET, and CHILIPEPPERWEB.NET reserves in its sole discretion, the right to change or remove any and all such IP numbers and addresses. F. Caching: Customer grants CHILIPEPPERWEB.NET a license to cache the entirety of Customer's Web site (including content provided by third parties) hosted by CHILIPEPPERWEB.NET, and agrees such caching is not an infringement of any of Customer's intellectual property rights or any third party's intellectual property rights. 5.
RULES AND REGULATIONS 6. LIMITATION OF CHILIPEPPERWEB.NET's OBLIGATIONS AND LIABILITY A. CHILIPEPPERWEB.NET will utilize its best efforts to maintain acceptable performance of contracted for services, but CHILIPEPPERWEB.NET makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness for a particular purpose. CHILIPEPPERWEB.NET cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via its system or via the Internet. CHILIPEPPERWEB.NET will not be liable for the inadvertent disclosure of, or corruption or erasure of, data transmitted or received or stored on its system. CHILIPEPPERWEB.NET shall not be liable to Customer or any of its customers for any claims or damages which may be suffered by Customer or its customers, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access Internet, or inability to transmit or receive information, caused by, or resulting from, delays, nondeliveries, or service interruptions whether or not caused by the fault or negligence of CHILIPEPPERWEB.NET B. CHILIPEPPERWEB.NET may discontinue servicing any Plan, or may require fulfillment of conditions CHILIPEPPERWEB.NET may choose to impose as a prerequisite for continuing to service any Plan. Such discontinuation or requirement may not be unreasonable, however, and CHILIPEPPERWEB.NET agrees to provide Customer with reasonable notice via Email or fax of any such intent to discontinue or impose conditions. C. Services provided by CHILIPEPPERWEB.NET to Customer shall be deemed accepted for all purposes fifteen days after activation or renewal for such services, if no written claim or objection regarding such services has been received by CHILIPEPPERWEB.NET within the 15-day period. No claim related to such accepted services shall be raised. D. CHILIPEPPERWEB.NET's liability to Customer, and any end user of any Plan or other CHILIPEPPERWEB.NET services, is limited to the amount paid to and received by CHILIPEPPERWEB.NET for services not accepted. In no event shall CHILIPEPPERWEB.NET be liable to Customer, or any end user or any other entity for any special, consequential, or other damages, however caused, whether for breach of contract, negligence or otherwise, even if CHILIPEPPERWEB.NET has been advised of the possibility of such damage. E. Customer will take all necessary measures to preclude CHILIPEPPERWEB.NET from being made a party to any lawsuit or claim regarding CHILIPEPPERWEB.NET services provided to any Customer or end user. Customer hereby agrees to indemnify and hold harmless CHILIPEPPERWEB.NET from any and all claims of whatever nature brought by any of Customer's users against CHILIPEPPERWEB.NET in excess of the remedy set forth in paragraph 7(D). F. Where data backup and restoration services are a part of CHILIPEPPERWEB.NET's provisioning of a service, such services are not intended to be a comprehensive disaster recovery solution, and CHILIPEPPERWEB.NET or its hosting partners will not be liable for data loss, or for damage to servers or other equipment. 7.
DISPUTES Should any legal action permissible under this agreement be instituted to enforce the terms and conditions of this agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable attorney's fees and expenses incurred at both the trial and appellate levels. 8.
TERM, TERMINATION: A. By customer, by notifying CHILIPEPPERWEB.NET in writing twenty (20) days prior to renewal of this agreement. B. By CHILIPEPPERWEB.NET, upon thirty (30) days' written notice, if Customer breaches any material and substantial provision of this agreement and has not cured by the end of the 30 days. C. By CHILIPEPPERWEB.NET, upon sixty (60) days' written notice, if 1. CHILIPEPPERWEB.NET provides Customer with written notice of the specific reasons for its belief in this regard, and 2. Customer has not cured by the end of the 60 days. D. By CHILIPEPPERWEB.NET, immediately upon giving written notice to Customer, in the event that 1. Any bank draft or check delivered by Customer to CHILIPEPPERWEB.NET in payment for Products is returned unpaid and Customer fails to remedy such nonpayment within five business days; 2. Customer becomes more than sixty (60) days in arrears in payment of its account with CHILIPEPPERWEB.NET; 3. There are instituted bankruptcy or insolvency proceedings against Customer, which are not vacated within sixty (60) days from the date of filing; 4. Customer institutes voluntary bankruptcy or insolvency proceedings, or otherwise admits insolvency; or 5. Customer makes an assignment of all or part of its assets for the benefit of creditors. E. By CHILIPEPPERWEB.NET immediately, if Customer attempts to assign all or any part of this Agreement without CHILIPEPPERWEB.NET's prior written approval; F. By CHILIPEPPERWEB.NET immediately, if Customer fails to inform CHILIPEPPERWEB.NET in writing immediately on the happening of any event specified in this section; G. By Customer, immediately upon giving written notice to CHILIPEPPERWEB.NET, if 1. There are instituted bankruptcy or insolvency proceedings against CHILIPEPPERWEB.NET, which are not vacated within sixty (60) days from the date of filing; 2. CHILIPEPPERWEB.NET institutes voluntary bankruptcy or insolvency proceedings, or otherwise admits insolvency; 3. CHILIPEPPERWEB.NET makes an assignment of all or part of its assets for the benefit of creditors; or 4. CHILIPEPPERWEB.NET fails to inform Customer in writing immediately on the happening of any event specified in this section. The provisions of paragraphs 7, 10, 11, and 13 survive any termination of this agreement. 9.
NONASSIGNABILITY 10.
PARTIAL INVALIDITY 11.
APPLICABLE LAW, JURISDICTIONAL MATTERS 12.
NOTICES 13.
ENTIRE AGREEMENT; MODIFICATIONS 14.
ACCEPTANCE OF SERVICES |