PLEASE
READ THE FOLLOWING AGREEMENT
This box MUST be checked to verify that you agree to the following
terms and conditions:
"I agree to the following terms and conditions:"
Terms: Payment in full is due upon
receipt of the e-mail invoice sent to you upon our activation and
your approval of your domain.
This agreement is for domain storage space for 12
months, plus any additional services requested. The undersigned Account
Holder agrees to abide by the following provisions of this service
contract and may have to agree to additional provisions from Gumpp
Web Design Services , herein after called GWDS, covering this agreement
and/or any future services added to this agreement. If Account Holder
refuses to accept any future provisions, Account Holder will have
the option to cancel service and receive a pro-rated refund of any
money pre-paid for this agreement. The pro-rated refund will be calculated
after the normal monthly cost of the service has been deducted from
any amounts pre-paid by Account Holder. The current provisions are:
I understand that GWDS will handle the paperwork
and the processing of the registration with the NIC. I also understand
that GWDS will do a preliminary search for name availability but
cannot guarantee any name will be available at the time my application
is received by the NIC. I also certify that the use of my requested
name does not infringe upon any trademark or any other legal statutes.
Any disputes arising after my name is registered will have to be
settled between contending parties using normal legal methods. I
hold GWDS free and harmless from any liabilities or litigation that
may arise from my domain name reservation.
By the registration of your name on the Internet,
the IANA, the InterNIC, Network Solutions, Inc., the University
of Southern California, GWDS and the National Science Foundation
are accepting in good faith that you have the right to use the
name.
The IANA and InterNIC/Network Solutions' function
in registering names on the Internet is to assure that the name
does not conflict with any other name in the name space requested.
The user by its registration and use of the name
and/or their continued use of an existing name, agrees, as part
of their request for name registration, to indemnify and hold
harmless from any and all costs, fees, expenses arising from litigation
involving trademark, trade name, service mark and any other name
infringements, or other reasons, the IANA, the InterNIC, Network
Solutions, Inc., the University of South California, GWDS and
the National Science Foundation.
The party requesting registration of this name
certifies that to his/her knowledge, the use of this name does
not violate trademark or other statutes and that the InterNIC
will invoice them directly for any renewal fees that may arise.
Registering a domain name does not confer any
legal rights to that name and any disputes between parties over
the rights to use a particular name are to be settled between
the contending parties using normal legal methods (See RFC1591).
The Virtual Web Server Internet account and related
electronic services can only be used for legal purposes under all
international, federal, state and local laws. Violations of this
or any other provision of this agreement can result in a 30-day
notice to terminate service or an immediate termination of service
depending upon the severity of the violation. GWDS has the right
to refuse service if content of information provided is deemed illegal,
misleading or obscene in the opinion of GWDS. Account Holder agrees
not to store, transmit, link to, advertise or make available any
images containing nudity or semi-nudity. GWDS will make the final
determination in any dispute over unacceptable content, and Account
Holder agrees to accept GWDS' decision.
GWDS reserves the right to increase prices at any
time. Failure to pay future price increases will be grounds to terminate
service. The Account Holder agrees to follow generally accepted
"netiquette" when sending email messages or posting newsgroup messages.
Account Holder is responsible for the security of their password.
GWDS will not change passwords to any account without verification
of identity which is satisfactory to GWDS, such verification may
include written requests with signature. In the event of any partnership
breakup, divorce or other legal problems that includes the Account
Holder, Account Holder understands GWDS will remain neutral and
may even put the account on hold until the situation has been resolved.
Under no circumstances will GWDS be liable for any losses incurred
by Account Holder during this time of determination of rightful
ownership.
The Account Holder agrees not to harm GWDS, its
reputation, computer systems, programming and/or other Account Holders
using GWDS' services. GWDS reserves the right to select the computer
for the Account Holder's website for best performance. If Account
Holder breaches this agreement, then GWDS has the right to terminate
service without any refunds of the unused portion prepaid by Account
Holder. The Account Holder agrees to indemnify and hold harmless
both GWDS and other Account Holders from any and all claims and/or
costs resulting from the Account Holder's use or abuse of the service
in any manner.
Account Holder understands this service is provided
on a shared server. This means that one website cannot overwhelm
the server with heavy CPU usage from highly active CGI scripts or
chat scripts. (A shared server will never be as powerful as owning
your own dedicated equipment.) If your website overwhelms the server
and casuses complaints from the other users, you will have outgrown
the realm of a shared server and you will need to re-locate your
website. GWDS will refund any monies paid for unused time of service
remaining. If at any time, Account Holder breaches any part of this
contract and GWDS has to engage the services of an attorney, then
Account Holder will pay any and all of GWDS' reasonable attorney
fees and court costs. The Account Holder's rights and privileges
cannot be sold or transferred without the written consent and approval
from GWDS in advance.
This contract represents the complete understanding
between the parties. If Account Holder sells or resells advertising
or webspace to a third party then Account Holder will be responsible
for the content of that advertising and the actions of that third
party. GWDS has the right to reject any offensive or illegal content.
If Account Holder refuses to remove any content requested to be
removed by GWDS, GWDS can terminate service. GWDS will use its best
efforts to maintain a full time, 24-hour Internet presence for Account
Holder. Sometimes the network can be down and other types of utility
or power interruptions, or equipment failures can occur and these
situations are outside of GWDS' control. Account Holder agrees that
this may or may not occur and Account Holder will hold GWDS, its
employees, owners, officers, contractors, free and harmless from
any damages incurred in any event of any type of loss resulting
from any reason whatsoever. GWDS' total liability under all circumstances
will never exceed the amount paid by Account Holder for the duration
of this agreement. Any amounts prepaid cannot be refunded by GWDS
in the event Account Holder stops using this service.