Network80, LLC (hereby called "The
Service Provider") is a host of personal and business World Wide Web pages.
Network80 maintains The Service Provider as a service to the Internet community.
The goal of Network80 is to provide you with the best service possible for an
enjoyable Internet experience. These Terms and Conditions are designed to keep Network80
and the Internet enjoyable and useful for all of our subscribers. Network80 is committed to and supports the free flow of information and ideas
over the Internet. Network80 does not actively monitor nor does Network80 exercise editorial control over the content of any web site, electronic mail
transmission, mailing list, or other material created or accessible over Network80
services. However, Network80 reserves the right to remove any
materials Network80 does become aware of that are, in Network80's sole
discretion, potentially illegal, could subject Network80 to liability, or
violate this policy. The use of The Service Provider is subject to the following
terms and conditions.
may amend this agreement
on an as needed basis by placing an update of this posting, and your continued
use of The Service Provider following each updated posting shall be deemed to be
your acceptance of any such modification. Furthermore, it is your responsibility
to monitor the "Terms and Conditions" page of The Service Provider
regularly to determine whether the terms and conditions have been modified. If
changes to terms and conditions or pricing have been made, these changes will
take effect on the date of Client's contract renewal. If you do not agree with
the Terms and Conditions of The Service Provider or any modifications or changes
to this Agreement, you must immediately stop using The Service Provider.
The entire content of The Service
Provider is Copyrighted, and all rights are reserved. You may save to disk or
print out individual or selections of information contained within The Service
Provider for your own use, provided that you do not collect multiple small
selections for the purpose of replicating or copying all or substantial portions
of The Service Provider.
TERMS OF CONTRACT
I. Financial Arrangements
1. Client agrees to the contract
for the length specified, beginning upon Network80's receipt by fax, e-mail, or
express mail. Client agrees to pay Network80 for services rendered pursuant to
the payment schedule.
2. First payment shall be due upon
receipt of contract.
3. This agreement will
automatically renew for identical successive periods unless canceled in writing
or modified by client prior to the renewal date. Client will receive an invoice
for charges and payment is due upon receipt of invoice. Payments are always due
on the first of the month.
4. Initial payment is due with
contract. Contract takes effect on the date of receipt of payment, and will be
renewed automatically for identical successive periods. Any changes made to the
Client's package shall be billed accordingly.
5. All orders are subject to
acceptance by Network80. An order will be deemed accepted by Network80 when
confirmation of the order is sent to Customer. Network80 may refuse to accept
any order, or delay acceptance awaiting completion of conditions Network80 may
choose to exercise. Such refusal of such conditions may not be unreasonable,
however, and Network80 agrees to provide Customer with reasonable notice by
E-mail or fax of any intent to delay or decline the acceptance of any order.
6. Network80 reserves the right to
suspend the customers account and services without notice should there be any
problems with the customers method of payment. This includes expired credit
cards, declined credit cards, inactive credit cards, and invalid checks.
7. 99.9% Uptime Guarantee - You
receive an account credit for our down time during the month:
< 1 Hour - No credit
< 3 Hours - 5% credit
> 3 Hours - 10%
shall not be liable for
any taxes or other fees to be paid in accordance with or related to purchases
made from Client or Network80's server. Client agrees to take full
responsibility for all taxes and fees of any nature associated with any such
III. Material and Products
1. Network80 will exercise no
control whatsoever over the content of the information passing through the
network or on the Client's web sites. Network80 also disclaims any warranty of merchantability or fitness
for particular purpose and will not be responsible for any damages that may be
suffered by the Client, including loss of data resulting from delays,
non-deliveries or service interruptions or gaps by any cause or errors or
omissions of the Client. Network80 is not responsible for any loss, erasure, or
corruption of Client's data or files whatsoever. Use of any information obtained
by way of Network80 is at the Client's own risk, and Network80 specifically
denies any responsibility for the accuracy or quality of information obtained
through its services. Network80 expressly limits its damages to the Client for
any non-accessibility time or other down time to the pro-rate monthly charge
during the system unavailability. Network80 specifically denies any
responsibilities for any damages arising from a consequence of such unavailability. In the event that this material is not
"Server-ready", Network80 may, at its option and at any time, reject
this material, including but not limited to after it has been put on Network80's
Server. Network80 agrees to notify Client immediately of its refusal of the
material and afford Client the opportunity to amend or modify the material to
satisfy the needs and/or requirements of Network80. If the Client fails to
modify the material, as directed by Network80, within a reasonable period of
time, which shall be determined between the parties themselves, the Agreement
shall be terminated.
IV. Trademarks & Copyrights
Client warrants that it has the
right to use the applicable trademarks, if any. Network80 may request the right
to use such trademarks in connection with Network80's service(s). Client will
review such a request promptly, and not unreasonably withhold such permission.
V. Etiquette and Policy
1. The network resources of Network80
may not be used to impersonate another person or misrepresent
authorization to act on behalf of others or Network80. All messages via Network80
should correctly identify the sender; users may not alter the
attribution of origin in electronic mail messages. Users may not
attempt to undermine the security or integrity of computing systems or networks
and must not attempt to gain unauthorized access to said networks. Clients may
not use Network80's server for mass e-mail or "spamming" purposes.
2. Network80 may impose reasonable
rules and regulations regarding the use of its services. Customer shall impose
such rules and regulations on its customers to the extent necessary to ensure
3. Network80 may discontinue
servicing any Plan, or may require fulfillment of terms or conditions Network80 may choose to impose as a prerequisite for continuing to service any such Plan.
Such discontinuation or requirement may not be unreasonable, however, and Network80
agrees to provide Customer with reasonable notice by E-mail and fax of
any such intent to discontinue or impose certain conditions.
4. Network80's services may not be
used for illegal purposes, or in support of illegal activities. Network80 reserves the right to cooperate with legal authorities and/or injured third
parties in the investigation of any suspected crime or civil wrong. Activities
which are prohibited as potentially illegal include, but are not limited to:
Unauthorized copying of
copyrighted material including, but not limited to, digitization and
distribution of photographs from magazines, books, or other copyrighted
sources, and copyrighted software.
Posting or e-mailing of scams
such as 'make-money-fast' schemes or 'pyramid/chain' letters.
Threatening bodily harm or
property damage to individuals or groups.
Making fraudulent offers of
products, items, or services originating from your account.
Attempting to access the
accounts of others, or attempting to penetrate beyond security measures of
our or other systems (referred to as hacking) whether or not the intrusion
results in corruption or loss of data.
Harassing others by
'mail-bombing'. 'Mail-bombing' constitutes sending more than ten (10)
similar mail messages to the same e-mail address.
Forging any message header, in
part or whole, of any electronic transmission, originating or passing
Distributing viruses to or from
1. This Agreement may be
terminated by Network80, without cause, by giving the other party 30 days notice
via e-mail or fax. In such event, Network80 will be required to pay to the other
party an amount equal to the unused and prorated portion of service excluding
any setup charges. Notwithstanding the above, Network80 may terminate the
service under this Agreement at any time, without penalty, if the Client fails
to comply with the terms of this Agreement. It is the client's responsibility to
point their domain(s) to another service provider upon termination, cancellation
or discontinuation of service.
2. Network80 offers a 30-Day money
back guarantee for its services. This guarantee excludes any setup fees or
installation charges applied to Network80's services.
3. Network80 will not issue
refunds or credits past the 30-Day money back guarantee.
4. Clients enrolling in any
extended service agreement agree that 1/2 of remaining contract is due upon early
termination of this Agreement or Suspension of the
Services we shall be entitled immediately to stop
access to your service and to remove all data
located on Network80 Servers.
VIII. Limited Liability
1. Client expressly agrees that
use of Network80's Server is at Client's sole risk. Neither Network80, its
employees, agents, resellers, third party information providers, merchants
licensers or the like, warrant that Network80's Server service will not be
interrupted or be error free; nor do they make any warranty as to the results
that might be obtained from the use of the Server service or as to the accuracy,
or reliability of any information service or merchandise contained in or
provided through the Network80 Server service, unless otherwise expressly stated
in this Agreement.
2. Under no circumstances,
including negligence, shall Network80, its officers, agents or any one else
involved in creating, or distributing Network80's Server service be liable for
any direct, indirect, incidental, special or consequential damages that result
from the use of or inability to use the Network80 Server service; or that
results from mistakes, omissions, interruptions, deletion of files, errors,
defects, delays in operation, or transmission or any failure of performance,
whether or not limited to acts of God, communication failure, theft, destruction
or unauthorized access to Network80's records, programs or services. Client
hereby acknowledges that this paragraph shall apply to all content on Network80's Server service.
Client agrees that it shall
defend, indemnify, save and hold Network80 harmless from any demands,
liabilities, losses, costs and claims, including reasonable attorneys fees,
("Liabilities") asserted against Network80, its agents, its customers,
servants officers and employees, that may arise or result from any service
provided or performed or agreed to be performed or any product sold by Client,
its agents, employees or assigns. Client agrees to defend, indemnify and hold
harmless Network80 against Liabilities arising out of (i) any injury to person
or property caused by any products sold or otherwise distributed in connection
with Network80's Server; (ii) any material supplied by Client infringing or
allegedly infringing on the proprietary rights of a third party; (iii) copyright
infringement and (iv) any defective product which Client sold on Network80 Server.
X. Partial Invalidity
If any provision of this agreement
is held to be invalid by a court of competent jurisdiction, then the remaining
provisions shall nevertheless remain in full force and effect. Network80 and
Customer agree to renegotiate in good faith any term held invalid and to be
bound by mutually agreed substitute provision.
The parties shall try to resolve
all disputes that might arise out of this agreement in a spirit of cooperation
without formal procedures. Any dispute which cannot be so resolved (other than
the collection of money due on unpaid invoices) and other than the injunctive
relief referred to in paragraph 10 shall be subject to arbitration upon written
demand of either party. Arbitration shall take place in St. Louis, Missouri or at a different location if the parties so agree. The arbitration will take
place before an arbitration panel chosen as follows: The parties shall each
choose an arbitrator, and the two arbitrators shall choose a third arbitrator
and determine the third arbitrator's pay. Each party shall have one veto over
the choice of the third arbitrator. The three arbitrators shall schedule an
informal proceeding, hear the arguments, and decide the matter by secret
majority vote. Unless the arbitrators decide otherwise, each party shall pay the
costs of its own arbitrator, and shall pay half of the other costs of the
arbitration proceeding. Each party shall have the right to have the proceedings
transcribed. The arbitrators will not have the authority to award punitive
damages or any other form of relief not contemplated in the contract. The
majority of arbitrators shall render a written opinion setting forth the basis
on which they arrived at the decision regarding each issue submitted to
arbitration; the dissenting arbitrator, if any, shall not issue a dissenting
opinion. Regarding each issue submitted to arbitration, the decision will be
final and binding only to the extent it is accompanied by a written explanation
of the basis upon which it was arrived at. Judgment upon the award, if any,
rendered by the arbitrators may be entered in any court having jurisdiction.
Should any legal action
permissible under this agreement be taken to enforce the conditions and terms of
this agreement, in particular the right to collect money due on unpaid invoices,
the prevailing party shall be entitled to recover reasonable legal fees and
expenses incurred at the trial and appellate levels.
Customer acknowledges that by
reason of their relationship, both customer and Network80 may have access to
certain products, information and materials relating to the other party's
business, which may include business plans, customers, software technology, and
marketing plans that are confidential and of substantial value to either party,
respectively, and which value would be impaired if such information were
disclosed to third parties. Consequently, both Network80 and customer agree that
it will not use in any way for its own account or for the account of any third
party, nor disclose to any third party, any such information revealed to it by
either party, as the case may be.
Customer and Network80 further
agree that it will take every appropriate precaution to protect the
confidentiality of such information. In the event of termination of this
agreement, there shall be no use or disclosure by either party of any such
confidential information in its possession, and all confidential documents shall
be returned to the rightful owner, or destroyed. The provisions of this section
shall survive the termination of the agreement for any reason.
Upon any breach or threatened
breach of this section, either party shall be entitled to injunctive relief,
which relief will not be contested by the Customer or Network80.
Except with respect to service of
process as set forth in paragraph , all notices may be sent by e-mail, fax, or
express mail to the e-mail address, fax number, or address most recently
provided and will be effective upon transmission. Evidence of successful
transmission shall be retained.