Terms Of Service

Terms Of Service***PLEASE READ THESE CAREFULLY***
BY SUBMITTING AN ORDER FOR WEB SITE HOSTING YOU ARE AGREEING TO THESE TERMS!

Agreement Of Web Site Hosting Services

THIS AGREEMENT is made and entered between Untraditional Media Publishing Systems, LLC (hereafter “UMPS”) located in Fort Pierce, FL, and the Customer, who wishes to use the services of UMPS in accordance with UMPS’s standard application.

NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants hereinafter set forth, the parties hereto agree as follows:

1. SERVICE DESCRIPTION: As an Internet service provider, UMPS provides storage space on server computers which are connected via multiple connections to the Internet. Customer wishes to establish an Internet web presence on one of UMPS virtual or dedicated server computers.

2. CONDITIONS: The application and this Agreement constitute a binding contract between UMPS and the Customer and does not extend to any other person or entity. Customer may resell to third parties but is responsible for third party activities and content, and is bound by the terms under this Agreement. Cancellations after the application is received and webspace is set-up will still hold the Customer responsible for costs incurred by UMPS concerning the set-up of the web space, specifically any setupfees and the first month of service fees.

3. WARRANTIES: With respect to the service to be provided herein, the Customer acknowledges that UMPS makes absolutely no warranties whatsoever, express or implied. As a result, the Customer agrees that UMPS shall not be liable to the Customer for any claims or damages which may be suffered by the Customer, including, but not limited to, losses or damages resulting from the loss of data as the result of delays, non-deliveries, or service interruptions.

4. INFORMATION: The utilization of any data or information received by the Customer from the utilization of the service to be provided by UMPS is at the Customer’s sole and absolute risk. UMPS specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the services to be provided hereby.

5. DOMAIN NAME: If UMPS shall acquire an Internet Domain Name on behalf of the Customer, the Customer retains all rights and ownership of the domain name acquired on their behalf. the Customer hereby waives any and all claims which it may have against UMPS, for any loss, damage, claim or expense arising out of or in relation to the registration of such Domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of the providing of this service by UMPS for any reason.

6. PAYMENT: The set-up fee and first payment are due at the time the application is filled out, and submitted to UMPS. Subsequent payments are due according to the selected fee schedule following the establishment of the web space on the Internet. Web space will be billed a minimum of 2 weeks in advance depending on the selected fee schedule. Subsequent payments are due on the 1st day of the billing month as per the selected fee schedule. In the case of account cancellation by the Customer, UMPS will not refund any months prepaid that have not been used. Any use of the service for any number of days in any given month will constitute ‘using the service’ for the full month in question. The Customer will not be entitled to partial refunds for those months. In the event that the Customer fails to pay for such services in advance, UMPS shall be entitled to unilaterally terminate this Agreement and discontinue the service until payment is made.

7. UNILATERAL SERVICE REVOCATION: In the event that UMPS may at any time believe that the service is being utilized for unlawful purposes by the Customer or in contravention with the terms and provisions herewith, to but not limited to unsolicited email, hacking, and pornography. UMPS may immediately discontinue such service to the Customer without liability.

8. INDEMNIFICATION: The Customer shall indemnify and hold harmless UMPS from any and all loss, cost, expense, and damages on account of any and all manner of claims, demands, actions, and proceedings that may be initiated against UMPS on the grounds that the web space content violates any trademark, copyright, proprietary right of any person, state and federal regulations, or contains any matter that is libelous or scandalous.

9. CHANGES IN TERMS OF AGREEMENT: UMPS reserves the right to make changes to the terms and conditions of this Agreement upon thirty (30) days notice to the Customer, advising of the change and the effective date thereof, but with changes in service fees being effective only at the end of any period for which the Customer has prepaid. Utilization of the service by the Customer following the effective date of such change shall constitute acceptance by the Customer of such change(s).

10. ENTIRE AGREEMENT AND UNDERSTANDING: This instrument and the application for web space constitute the entire agreement between the parties, and represent the complete and entire understanding of the parties with respect to the subject matter of this Agreement.

11. GOVERNING LAW: This Agreement shall be governed by the laws of the State of Florida in the United States of America. In the event that any term or provision of this instrument is held by a court of competent jurisdiction to be unenforceable, then the remaining provisions of this instrument and the agreement which it evidences, shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, and in consideration of the covenants and agreements contained herein, do hereby execute this instrument by completion of the standard application.

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