Please read this agreement in its
entirety and choose I Agree or I Do Not Agree at the bottom. All
users of our service will be bound by this agreement.
This User Agreement (the "Agreement") governs the terms
of the use by Client of services offered by LoganLynx Technology Solutions, LLC
("Provider"). Client agrees to receive access to the LoganLynx
Technology Solutions, LLC, Inc. Hosting services according to the following
terms and conditions:
Payment for Services: Client will pay
for services provided under this Agreement by cash or check. 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.
Client will pay for 12 months for the services according to Provider's
published schedule. If this Agreement is terminated Client will be obligated to
pay up to that month.
Term: Client or Provider may terminate this
Agreement 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. Notices to Client may be made via either e-mail or
regular mail. Provider may also provide notices of changes to these Terms Of Service
or other matters by displaying notices or links to notices to Client generally
on our web site.
Compliance with Law: Client will use the services offered
by Provider in a manner consistent with all applicable local, state and federal
laws and regulations.
File Backup: 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.
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;
(d) distribution lists to be used via unsolicited electronic mail or other mass
electronic mailings; or
(e) any material not suitable for children.
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.
Warranties Disclaimer: 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.
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.
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 gross negligence of Provider.
Resale Of Provider's Service: If Client acts
as a "reseller" of the services provided by Provider to Client
hereunder, by Client providing similar services to its customers, then all the
terms of this Agreement shall provide to the resale. Without limiting the
foregoing, Client's obligations under above section titled
("Indemnity") shall apply to any and all claims made against Client
and/or Provider which arise out of the resale of Provider's services.
Governing Law/Venue: The laws of
the State of Georgia shall govern this Agreement. Venue for any action
hereunder shall be in Cobb County, Georgia.
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.
Taxes: If any federal, state or local
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.
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.
Attorney Fees: If a legal
proceeding is commenced to enforce or obtain a declaration of rights under this
Agreement, the provider will not be responsible for any attorney fees and costs
incurred. The client will be responsible for any and all attorney fees and
costs incurred by the Provider or the Client.
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.
______ I Agree ______
I Do Not Agree
Client Name: _____________________________ Client Signature:
______________________ Date: ____________
Provider Name: ___________________________ Provider Signature:
____________________ Date: ____________
June 2004 - Revision N/A