This agreement between Cyberstampers and the Client (as signed at the bottom of this agreement) is for Internet-related services provided by Cyberstampers for the Client.
The Client agrees to restrict its use of any account on Cyberstampers' computers to the sole purposes of adding or updating files in the Client's assigned directories and retrieving information about the Client's web site from the Client's assigned directories. Any other use not specifically granted in writing by Cyberstampers is a violation of this agreement.
Transfer of System Accounts
System accounts cannot be transferred or used by anyone other than the Client. No more than one login session may be used at any time by the Client or any system account. If the Client has multiple accounts, the Client is limited to one login session per system account at any time; user programs may be run only during login sessions. Accounts which have been transferred to other parties, or show other activity in violation of this paragraph, are subject to immediate cancellation.
Domain Name Availability
Domain Name availability is beyond Cyberstampers' control and is subject to ICANN approval. Contact firstname.lastname@example.org with questions and go to Cyberstampers Websites to sign up for domain name registration or transfer. The Client is not required to use Cyberstampers Website hosting to participate in Cyberstampers Vendor Mall or Conventions.
Web Site Content and Appropriate Use
Cyberstampers exercises no control whatsoever over the content of the information passing through Cyberstampers, subject to the following restrictions:
While Cyberstampers will make every reasonable attempt to provide complete and regular backups of Client data and web pages and to make such backups available to the Client upon need, Cyberstampers is not responsible for ensuring such backups. The Client hereby assumes full responsibility for making his own backups.
Cyberstampers will NOT support the software programs required to access our services. These include, but are not limited to the following: Browsers (Foxfire, MS Internet Explorer, Netscape Navigator, Spry Mosaic, etc.), E-mail clients (Eudora, Pegasus, etc.), FTP Clients (WS_FTP, MS FTP, etc.), HTML Editors (MS Word Internet Assistant, Netscape Navigator Gold, Hot Metal, Dreamweaver, MS Publisher, Go-Live, etc.), although Cyberstampers staff will make every effort to help the Client work with their software.
Payment is due on the first of every month. Accounts are in default if payment is not received within 30 days. Late amounts owed may be subject to reasonable collection and legal fees, plus interest accrued at 15%. If a Client's check is returned by the bank as unredeemable, the Client will be deemed to be in default, and will be liable for a "returned check" charge of $35. Accounts unpaid 45 days after due date may have their service interrupted.
Such interruption does not relieve the Client from the obligation to pay the monthly charge. Only a written request, dated at least 30 days before desired termination date, to terminate your service relieves you of your obligation to pay the monthly account charge. If the Client defaults, the Client agrees to pay Cyberstampers all reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under these Terms and Conditions.
The Client will be given at least 30 days notice before any changes in prices or policies affecting its account take effect. The Client agrees to keep Cyberstampers informed of its current and valid mailing address to which notices and bills will be sent.
Deposits and payments made in accordance with this contract are refundable only at the discretion of Cyberstampers and then only after all costs incurred by Cyberstampers have been paid in full by the Client.
If the payment is not received after 60 days, all files, information and mail under the account may be deleted. If the Client wishes to use the service again, the Client must re-apply as a new Client and pay all outstanding amounts from the original contract. For this, an account re-activation fee of $250 may also be required. Cyberstampers may terminate this agreement for any reason and may or may not give customer a "grace" period or notice depending on Cyberstampers' analysis of the perceived problem. Cyberstampers will refund, on a prorated basis, any fees the Client has already paid but for which services will not be provided, less any fees due Cyberstampers for transferring the web site or files. No refund should be expected if the Client is Terminated for violation of these Terms.
The Client agrees that Cyberstampers has the right to suspend or terminate Customer's access to Cyberstampers' computers, and to prevent Internet access to Customer's web site, when necessary for Cyberstampers to examine or remedy possible violations of this agreement, or for nonpayment of fees. The Client also agrees that Cyberstampers has the right to delete all data, files or other information that is stored in the Client's account if the Client's account with Cyberstampers is terminated, for any reason, by either the Cyberstampers or the Client.
The Client certifies that he or she is at least 18 years of age.
In no event shall Cyberstampers or its sales agents, or any company affiliated with either, or any employee or agent of any such company, be liable for incidental or consequential damages of any kind, including but not limited to, loss of revenue or profits or any other business damage whether resulting from breach of contract, loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions caused by Cyberstampers' negligence or the Client's errors or omissions. Cyberstampers makes no warranties of any kind, whether expressed or implied, for the service it is providing. Cyberstampers also disclaims any warranty of merchantability or fitness for a particular purpose. Use of any information obtained via Cyberstampers is at your own risk. Cyberstampers specifically denies any responsibility for the accuracy or quality of information obtained through its services.
Limitation of Liability
ANY LIABILITY OF Cyberstampers, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID BY OR ON BEHALF OF THE CLIENT TO Cyberstampers FOR THE CURRENT MONTH.
Should any provision of this agreement be held to be illegal, invalid, or unenforceable by a court law, the legality, validity and enforceability of the remaining provisions of this agreement shall remain unaffected thereby unless otherwise stated.
This agreement represents the entire agreement between the undersigned Client and Cyberstampers.
These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Use of Cyberstampers Service constitutes acceptance of these Terms and Conditions.
28 June, 2006