Web Site Hosting Service
Updated December 30, 2002
The following agreement is between Technical Advisors, Inc. (TACO) of 14 Cornell Avenue, Monroe Township, NJ 08831-8575 and You (Client)
WHEREAS, TACO is an Internet Service Provider offering storage and transfer of documents and other information over the Internet;
WHEREAS, Client seeks to use these servers for its own purposes;
WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, TACO can make no guarantee that any given party shall be able to access the server made available by TACO at any given time. TACO represents that it shall make every good faith effort to ensure that the server is available as widely as possible and with as little service interruption as possible;
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;
I. Financial Arrangements:
TACO shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client or TACO's server. Client agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.
III. Material and Products:
TACO will exercise no control whatsoever over the content of the information passing through the network except for what is noted in section IX of this agreement, relating to Lawful Purpose, and with respect to the TACO Policies and Terms Of Service Agreement located at http://taco.com/legal/tos.html.
TACO makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. TACO also disclaims any warranty of merchantability or fitness for any 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 by any cause or errors or omissions of the Client. Use of any information obtained by way of TACO is at the Client's own risk, and TACO specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of an end-to-end connection. TACO does not represent guarantees of speed or availability of end-to-end connections. TACO expressly limits its damages to the Client for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. TACO specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
IV. Trademarks & Copyrights:
Client warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service.
Client certifies that he or she is of full legal age to enter into this agreement.
VI. PoliciesClient agrees to all terms in the TACO Policies and Terms Of Service Agreement located at http://taco.com/legal/tos.html.
TACO network resources used by Client may not be used to impersonate another person or misrepresent authorization to act on behalf of others or TACO. All messages transmitted by Client should correctly identify the sender. Users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access.
VIII. Limited Liability:
1. Client expressly agrees that use of the Server offered by TACO is at Client's sole risk. Neither TACO, its employees, affiliates, agents, merchants licensers or the like, warrant that the Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the TACO Server service. Agreement.
2. Under no circumstances, including negligence, shall TACO, its offices, agents or anyone else involved in creating, producing or distributing TACO'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 TACO 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 TACO's records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on TACO's Server service.
3. Notwithstanding the above, Client's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of this Agreement.
IX. Lawful Purpose:
Client may only use TACO's Server service for lawful purposes. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secrets.
Client agrees that it shall defend, indemnify, save and hold TACO harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees asserted against TACO, 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 TACO against Liabilities arising out of any of the following:
XI. Domain Name Ownership, Disputes, and Use
Any domain name registered by TACO on behalf of Client is the property of said Client after the Client has paid TACO any registration fees that TACO has incurred on behalf of the client. TACO claims no ownership over Client domain names that the Client has paid to register. At its option, TACO will either arrange for any billing for names registered by TACO on behalf of Client to be sent directly by the registrar or agent thereof to the Client, or TACO will directly bill the client for these registration fees plus applicable expenses, and/or service charges, if any.
Client agrees that TACO may be presented with information that Client's domain name possibly violates the trademark rights or other intellectual property rights of a trademark or other intellectual property rights owner. In case of such action, Client agrees to the following:
Client agrees that a TACO contact person shall be named as the technical or zone contact for any domains hosted at TACO. Client agrees that TACO may create and use network resources with the Client's domain name for administrative, testing, and network infrastructure enhancement purposes.
XII. Contract Revisions:
Revisions to this Contract will be considered agreed to by the Client on renewal of TACO Services as specified in Section I. Financial Arrangements.
This Agreement and TACO Policies and Terms of Service Agreement constitute the entire understanding of the parties. Any changes or modifications to this Contract are agreed to by the parties upon renewal of services.
This Agreement shall be governed and construed in accordance with the laws of the State of New Jersey.
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