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LUMASIS.com TERMS OF SERVICERECITALS 1. Provider maintains hardware and software facilities presently sufficient to operate a normal website on the Internet World Wide Web, ("website"). 2. User wishes to establish and maintain a website using Provider's facility, and has selected a package from Provider's menu, a copy of which is attached hereto as Exhibit "A", and the terms of which are incorporated herein be reference. AGREEMENT Intending to be bound in accordance with the terms hereof, the parties agrees as follows: A. Payment for Package User agrees to pay the charges identified in Exhibit "A" on or before the first day of each month following execution of this agreement, together with any additional charges, costs or assessments made by Provider under the terms hereof. A pro rata charge for any partial month shall be due. Design and maintenance fees shall be invoiced separately, and paid with the regular package charge next due after date of invoice. User agrees that any unpaid balance due hereunder shall bear interest at the rate of 18% per annum, and that costs of collection, including Court costs and reasonable attorney fees shall be added as principal amounts to such balance. B. Use of Package 1) User agrees that the website shall be a single site, and that no other sites or addresses shall be run or operated hereunder, without a separate agreement between User and Provider. User agrees not sublet or allow the use of the website by any other person or entity, except for normal viewer use of the site, and links to or from the site. 2) User agrees to maintain its site in a manner consistent with any and all applicable laws, regulations, acceptable uses and standards in effect, or which become in effect, during the term hereof. 3) User agrees to practice common courtesy in its use of the site, and to refrain from using any distribution lists for electronic mail or other techniques for mass mailing. C. Package Disclaimers 1) Provider will take all steps reasonable, necessary and prudent to protect against failure of its equipment and software. User acknowledges and agrees that temporary interruptions in service may occur, and that Provider shall have no liability to User for any claim, cost, charge, loss or expense arising from or relating to use of the website. 2) User acknowledges and agrees that data may be lost or corrupted in connection with use of the website. Provider will perform regular back-ups of all data stored on behalf of User, but shall have no liability to User in the event all data is lost or destroyed. User acknowledges and agrees that, in the event restoration of data from backup is necessary, it may take several days to complete such restoration of data and operation of the website. 3) Provider reserves the right to alter the access procedure and its vendor relations without notice to, or authority from the User. D. Term and Termination 1) This agreement shall have an initial term of one month from the date of execution hereof. Upon expiration of such term, this agreement shall automatically renew for successive one month periods, unless notice is given by either party of its intent to terminate the agreement, at least two weeks prior to the scheduled termination date. All terms and conditions of this agreement shall be in full force and effect during all original and renewal periods hereunder. No refunds, prorations will be issued. 2) Provider reserves the right to terminate this agreement, and to delete the website from its hardware, immediately upon the occurrence of any of the following events: i) Non payment of any charges
due from User; E. Indemnification of Provider/Relationship of Parties 1) User agrees to indemnify and hold Provider harmless from any lawsuit, claim, charge, or expense, including reasonable attorney fees and costs of defense, for any matter arising from or relating to User's website provided hereunder. 2) Nothing contained herein shall be deemed to create a relationship between the Provider and User in the nature of a partnership, joint venture, editor/publisher or otherwise. Both parties acknowledge and agree that Provider has no interaction with the data or substance of User's website, except as necessary to maintain the website. F. Reciprocal Link/Banner Sharing 1) Customer agrees to post banner and/or link text, as provided by Lumasis, describing services rendered by Lumasis and linking back to this web site. 2) Lumasis will create reciprocal link as desired by customer on this web site. |
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