This Agreement between Cyber Webb Inc. Web Hosting Solutions (hereinafter referred to as ``Impacthosting") and the subscriber
(hereinafter referred to as ``Customer") will become effective upon provision of web services to Customer. The Customer's submission of a subscription request on any order form of Impacthosting, or use of Impacthosting's services
and/or connections implies acceptance of this Agreement by the Customer. 1. Signer's Representations and Warranties - The person authorizing and accepting this Agreement represents and warrants that he/she: (1) is of legal
age to enter into this Agreement; (2) has the authority on behalf of Customer to enter into this Agreement and to legally bind Customer to this Agreement; and (3) agrees to indemnify and defend Impacthosting, and its officers,
shareholders, employees, representatives and agents, from any and all damages (including attorney fees assessed against Impacthosting, as well as those incurred by Impacthosting in its defense) arising out of any breach of these
representations and warranties. The person authorizing and accepting this Agreement and/or the business entity represented will be referred to jointly and individually as ``Customer".
2. Customer's Representations,
Warranties and Responsibilities - The customer represents and warrants that the Customer is authorized and has the right: (1) to provide the product or services to be advertised; and (2) to use any copy, illustration, personal or
corporate name, copyrighted material, graphic or pictorial reproduction, trade names, trademarks, endorsements, language and any other items used in the web site pursuant to this Agreement. The Customer agrees to indemnify and
defend Impacthosting, it officers, shareholders, employees, representatives and agents from any and all damages (including attorney fees assessed against Impacthosting, as well as those incurred by Impacthosting in its defense)
arising out of any breach of these representations and warranties. Customer assumes sole responsibility for protection of its copyright, trademark, trade secret, or other right or interest in any copy, illustration, language and
any other items used.
3. Limitation of Liability - The Customer agrees that the entire liability of Impacthosting, in the event of any damages related to this Agreement and services provided, including any
damages resulting from any errors or omissions shall be limited to an amount not exceeding the charges paid by the Customer for the service during period effected. In no event shall Impacthosting be liable for any
indirect, special, incidental or consequential damages in connection with or arising out of its performance or failure to perform pursuant to this Agreement, even if Impacthosting has been informed of the possibility of such
damages in advance.
4. Termination and Refunds - This Agreement and related services may be terminated by the Customer by giving a written notice of termination in the manner provided for in this
Agreement. Impacthosting reserves the right to terminate this Agreement and related services at any time for any reason, and to so notify Customer of any such termination in any commercially reasonable manner. In event of
termination of this Agreement and related services by the Customer, all deposits, if any, will be forfeited as liquidated damages, and advance payments will be refunded on a prorated basis as of the effective date of
termination. In event of termination of this Agreement and related services by the Customer within 30 days of Agreement conception, a full refund with exception of domain registration fees, if applicable, will be issued at
Customer's request. If this Agreement and related services are terminated: (1) Impacthosting will have the right to remove and discard the content on the server; (2) Customer will have no claim to the server contents; and
(3) Impacthosting will have no responsibility to preserve the server contents in any manner.
5. Loss of Data - Customer assumes full responsibility for data storage and maintaining backups or
copies of their files and web site programs and any other data that are owned by Customer and reside on the Impacthosting servers. Customer accepts and agrees that Impacthosting is not liable for the loss of Customer files and web
site programs and any other data that are owned by the Customer that reside on the Impacthosting servers. In the event of technical difficulties, Impacthosting will employ its best efforts to resolve the difficulties in the
shortest time frame technically and physically practicable under the circumstances. Impacthosting agrees to perform faithfully, industriously, and to the best of its ability, experience, and talent, all of the duties that may be
required by the express and implicit terms of this Agreement.
6. Disclaimer - Impacthosting shall not be liable for any and all loss, damages or liability or any kind resulting from, but not limited to:
(1) loss of data; (2) loss of software or hardware; (3) access delays or access interruptions; (4) computer viruses; (5) non-delivery or mis-delivery of data; (6) errors, omissions, or misstatements in any and all information,
goods or services obtained on or through Impacthosting, and; (7) acts of God, acts of war, acts of unauthorized persons, such as computer ``hackers", or acts of terrorism or civil unrest.
7. Disparagement.
Customer will not disparage Impacthosting, Impacthosting's web site, or any product or service of Impacthosting, or display any item or thing in a derogatory or negative manner on any Customer or Impacthosting hosted site.
8. Force Majeure – Impacthosting shall not be deemed in default or otherwise liable under this Agreement due to its inability to perform due to reason of any fire, earthquake, flood, health, epidemic, explosion, casualty,
strike, lockout, labor controversy, riot, civil disturbance, act of God, embargo, war, public enemy, or any municipal, county, state, national, or international ordinance, or law, or any executive, administrative, judicial or
similar order or regulation, or any other essential thing required, or similar causes beyond the control of Impacthosting.
9. Impacthosting shall not be responsible for failing to register a domain name in any circumstance,
including if another party registers the same domain name between the time Customer submits its request for a domain name to Impacthosting and the time that the domain name is actually attempted to be registered by Impacthosting.
10. This Service Agreement (including the Standard Acceptable Use and E-Mail Policy contained in this Service Agreement) is subject to change by Impacthosting without advance notice. Impacthosting reserves the right to add,
delete, or modify any provision of this agreement at any time without notice. Continued usage of the services provided after implementation of a change to the terms of this Service Agreement, or a modification to the Standard
Acceptable Use Policy, constitutes Customer's acceptance of such change of term or modification of policy. Impacthosting encourages Customer to regularly check the web site of Impacthosting to determine if any such changes or
modifications have been implemented, as all such changes or modifications will appear in the most current version of the Service Agreement and Standard Acceptable Use and E-Mail Policy posted on this web site.
11. Standard Acceptable Use Policy
Impacthosting has established an acceptable use policy to preserve the quality and integrity of services that have been established for its customers. This document sets forth
guidelines as to what is considered to be acceptable use of the services provided by Impacthosting. Customer's submission of a subscription request, or use of Impacthosting's services and/or connections, implies acceptance of and
agreement to abide by these guidelines.
Guidelines governing acceptable use of services by the customer
A. Storage or distribution of pirated software or data is not allowed. Impacthosting reserves the right
to inspect any and all files stored on its servers to ensure compliance with this policy.
B. Impacthosting's servers or services must not be used knowingly to violate the laws and regulations of the United States or
any other nation, or the laws and regulations of any state, city, province or other local jurisdiction in any material way. Impacthosting will cooperate with any legitimate law enforcement activity or investigation, and
reserves the right to disclose subscriber information, including but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena,
summons, discovery request, warrant, statute, regulation, or governmental request. Impacthosting assumes no obligation to inform the subscriber that subscriber information has been provided and in some cases may be prohibited by
law from giving such notice. Finally, Impacthosting may disclose subscriber information or information transmitted over its network where necessary to protect Impacthosting and others from harm, or where such disclosure is
necessary to the proper operation of the system.
C. Pornography, nudity and other sex related content is prohibited. This includes sites that may infer sexual content, or link to adult content elsewhere. Further examples of
unacceptable content or links include pirated software, warez sites, or any other kind of hacked or illegal software.
D. Customer will avoid violation of generally accepted guidelines of Internet usage.
E. Customer accounts
and passwords are confidential. The customer is expected to maintain these customer accounts and passwords as such, and Customer is solely responsible for all activities related to their customer accounts and passwords.
F. Mass e-mail distribution or collection, or transmission of unsolicited e-mail are not allowed. Using any Impacthosting account or server to send unsolicited E-Mail messages and/or to collect the responses from
unsolicited E-Mail and/or using an Impacthosting server or bandwidth to host any page(s), or mailboxes, or autoresponders with any information regarding any item, service, or information advertised in an unsolicited E-Mail message
is prohibited. Impacthosting reserves the exclusive right to make the determination whether a given message is spam. Impacthosting has a zero tolerance spam policy and reserves the right to immediately terminate any Customer
account, without prior notice, upon first learning of any such offense.
G. Server based functions such as cgi programs must not jeopardize the integrity of the operation, performance or security of the server.
H.
Impacthosting is very happy to offer very generous bandwidth allowances to its customers so they may build their web presence without concern of usage constraints. While most customers may never need the extra bandwidth, others may
try to take advantage of the generous allowance in ways for which it is not intended. Impacthosting has established some common sense rules to avoid this. Customer may not resell or give away web space under Customer's
account. Customer may not use Customer's site to store files for other IP addresses or domain names, nor may Customer use Customer's site as a primary repository for image, data, warez, wav, or mp3 files. Greeting card, and FFA
link scripts are disallowed.
I. Surcharges or restricted services may be imposed when any site has considerable effects on system performance or resources. Impacthosting is the sole and final arbiter on determining what conduct
or activity is considered a violation of policy, what qualifies for a surcharge, and what the amount of surcharge should be.
J. Impacthosting will notify the Customer of the intention to impose a surcharge if
corrective action is not taken. Customer's continued use of Impacthosting's services beyond the notification of the intention to impose a surcharge, and Customer's failure to take corrective action, constitutes Customer's
acceptance of the proposed surcharge or.
K. Impacthosting reserves the right to limit or terminate services to any Customer at any time for any reason, or for no reason at all. If termination is not for any reason, and if
practicable, Impacthosting will give Customer at least 30 days oral, written or electronic advance notice of the date on which termination will occur.
L. Impacthosting reserves the right to choose at any time to which
networks we connect. Impacthosting has no implied liability to transport packets to any network or host as a result of accepting said packets. Impacthosting reserves the right to block any and all access to or from any network or
host for any period of time if Impacthosting deems such action is in Impacthosting's best interest, or for any reason Impacthosting may see fit.
12. Standard E-Mail Policy
Impacthosting
utilizes many technologies to maintain mail server operations and to prevent the spread of viruses, worms, and unsolicited bulk e-mail (spam). To let our customers know what Impacthosting does with all mail services which may
affect a customers' ability to receive or send e-mail, Impacthosting has published this policy.
A. Impacthosting's mail servers use a commercial antivirus engine to detect virus infected messages. Any infected messages
detected will be handled per the customer's respective preferences specified when the feature is enabled by the customer, the feature is disabled by default. Due to new viruses and worms which are constantly written and modified,
we cannot guarantee that all viruses and/or worms will be detected, therefore use common sense when opening unknown or unexpected messages or file attachments.
B. Impacthosting utilizes several "blacklists"
to protect resources from being used by senders of unsolicited bulk e-mail (spam). All of these lists are IP (Internet Protocol) based which means that Impacthosting's servers do not examine to/from addresses or any other content
when filtering based on these blacklists. The decision is based solely on the originating server's IP address and whether it is included in one of the currently used well known blacklists. If a blacklisted server attempts to
transmit a message to our network, the message will be returned to the sender with a full explanation as to why it was rejected, and on which blacklist the sender's server was found. The lists currently in use, will affect our
users ability to receive mail from the blacklisted servers, but will not restrict our users ability to send mail to blacklisted servers.
C. All e-mail messages in "Deleted Items" folders on our mail servers
are erased periodically to conserve disk space and optimize server performance. Deleted Items are exactly what the folder name suggests and they will be deleted. If you wish to save old messages, make folder(s) for messages you
wish to keep and transfer them to these folders.
D. All e-mail accounts which are not checked at least once every 6 months, and are not forwarded to another E-Mail address, will be emptied of all contents and deleted. Check your
mailbox at least twice per year to prevent this grooming process on your mailbox.
E. Upon account deactivation or deletion, ALL e-mail messages and address book entries on Impacthosting's servers for the account will be deleted
immediately.
13. Notices - All notices needed, required or permitted to be given to Impacthosting shall be in writing and sent via postal mail to Impacthosting, P.O. Box 503, Marlton, New Jersey 08053.
14. Parties
Bound - This Agreement shall be binding upon the parties hereto, and their respective heirs, administrators, representatives, executors, successors and assigns.
15. Captions - The captions contained herein are not a part of
this Agreement. They are only for the convenience of the parties and do not in any way modify, amplify, or give full notice of any of the terms, covenants or conditions of this Agreement.
16. Governing Law - This Agreement shall be construed in accordance with the laws of the State of New Jersey.
17. Entire Agreement - This Agreement contains the entire Agreement between Impacthosting and Customer; there are no
other terms, covenants, obligations or representations, oral or written, of any kind whatsoever.
