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- Ace-Webs User Agreement
- This User Agreement (the 'Agreement')
governs the terms of the use by Client of services offered by
Ace-Webs ('Provider').
Client agrees to receive access to the web services according
to the following terms and conditions:
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- Selection of Service Plan. Client will select one of the service
plans offered by Provider, and agrees to receive services according
to the service plan selected.
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- Payment for Services. Client will pay for services provided
under this Agreement by credit card authorization provided to
Provider or other agreed method. When initiating service, Client
will be charged the published setup fee for the service plan
selected, as well as a pro rated partial month charge according
to the service plan for the number of days remaining in the calendar
month from the time of initiation of service until the end of
the month in which service is initiated. On or about the first
day of every month thereafter, Client's credit card will be charged
for monthly payment for services according to Provider's published
schedule. If this Agreement is terminated on some day other than
the last day of the month, Client will be obligated to pay for
only the pro rata portion of the monthly service plan charge
for the month in which the service is terminated.
- Term. This Agreement may be
terminated by Client or Provider at any time without prior notice
and without cause. If either party is in default under this Agreement
(including nonpayment), then the non defaulting party may also
immediately terminate the Agreement without prior notice to the
other party.
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- Compliance with Law. Client will use the services offered
by Provider in a manner consistent with all applicable UK laws
and regulations.
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- File Back-up. Provider is not responsible for Client's
files residing on Provider's servers. Client is solely responsible
for independent backup of data stored on Provider's servers.
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- Prohibition of Publication
of Certain Material.
Client shall not knowingly or unknowingly submit to Provider
for publication any of the following material (including pictures,
links, or any other content):
(a) any material which violates or infringes any copyright, trademark,
trade secret, patent, statutory, common law or other proprietary
rights of others;
- (b) any material that is libelous
or slanderous;
- (c) any material which is
or contains anything obscene or pornographic; or [nudity or content
of an adult nature] or
- (d) distribution lists to
be used via unsolicited electronic mail or other mass electronic
mailings.
- Due to the public nature of
the Internet, all material submitted by Client for publication
will be considered publicly accessible. Provider does not screen
in advance Client's material submitted to Provider for publication.
Provider's publication of material submitted by Client does not
create any express or implied approval by Provider of such material,
nor does it indicate that such material complies with the terms
of this Agreement.
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- DISCLAIMER OF WARRANTIES. PROVIDER'S SERVICE IS PROVIDED ON
AN 'AS IS, AS AVAILABLE' BASIS.
PROVIDER SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR
IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL PROVIDER BE LIABLE
FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES,
EVEN IF PROVIDER HAS BEEN ADVISED BY CLIENT OF THE POSSIBILITY
OF SUCH POTENTIAL LOSS OR DAMAGE. IF PROVIDER'S SERVICE TO CLIENT
IS DISRUPTED OR MALFUNCTIONS FOR ANY REASON, PROVIDER SHALL NOT
BE RESPONSIBLE FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE,
BEYOND THE FEES PAID BY CLIENT TO PROVIDER FOR SERVICES, DURING
THE PERIOD OF DISRUPTION OF MALFUNCTION.
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- Limitation/Disclaimer of
Liability. Provider
is not liable for protection or privacy of electronic mail or
other information transferred through the Internet or any other
network provider or its customers may utilize.
Provider does not represent or warrant to Client that Client
will receive continual and uninterrupted service during the term
of this Agreement. In no event shall Provider be liable to Client
for any damages resulting from or related to any failure or delay
of Provider to provide service under this Agreement if such delays
or failures are due to strikes, riots, fire, inclement weather,
acts of God, theft or vandalism or other causes beyond Provider's
control, as defined by standard practices in the industry. Such
failure or delay shall not constitute a default under this Agreement.
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- Indemnity. Client agrees to defend, indemnify
and hold Provider harmless from and against any and all claims,
losses, liabilities and expenses (including attorneys' fees)
related to or arising out of the services provided by Provider
to Client under this Agreement, including without limitation
claims made by third parties (including customers of Client)
related to any false advertising claims, liability claims for
products or services sold by Client, claims for patent, copyright
or trademark infringement, claims due to disruption or malfunction
of services provided hereunder, or for any content submitted
by Client for publication by Provider, but excluding those related
to the negligence of Provider.
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- Relationship of the Parties. The parties intend that an independent
contractor relationship will be created by this contract, and
that no partnership, joint venture or employee/employer relationship
is intended.
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- Taxes. If any governmental entity with taxing authority
over the services provided under this Agreement imposes a tax
directly on the services provided by Provider to Client under
this Agreement (excluding any income, business and occupation,
capital gain, death or inheritance, or other indirect taxes),
then Provider may pass the direct amount of such cost on to Client,
and Client shall promptly pay such cost.
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- Waiver. Any party's failure to insist on
compliance or enforcement of any provision of this Agreement
shall not affect its validity or enforceability or constitute
a waiver of future enforcement of that provision or of any other
provision of this Agreement.
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- Legal Fees. If a legal proceeding is commenced
to enforce or obtain a declaration of rights under this Agreement,
the prevailing party in such proceeding shall be entitled to
recover its reasonable attorneys' fees and costs incurred in
the proceeding from the non prevailing party, as well as any reasonable
attorneys' fees and costs that the prevailing party incurred
prior to commencing the proceeding.
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- IP Addresses. Provider maintains control and any
ownership of any and all IP numbers and addresses that may be
assigned to Client and reserves in its sole discretion the right
to change or remove any and all IP numbers and addresses.
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