LoganLynx Technology Solutions, LLC

Service Agreement

 

 

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