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This
Services Agreement (the "Agreement") contains the
complete terms and conditions which govern your subscription
of Web hosting, e-Commerce and other Internet-related services
provided by ClassWorld (the "Services"). As used
in this Agreement, "ClassWorld"
means ClassWorld.com and "Client", "you",
or "your" means you. By clicking on the "Submit
Order" button, you acknowledge that you have read the
Agreement, and you agree to its terms and conditions and all
policies posted on the ClassWorld Site. As referred to in
this Agreement, "Site" refers to a World Wide Web
site and "ClassWorld
Site" refers to the Site located at the URL http://www.classworld.com,
or any other successor Sites owned or maintained by ClassWorld.
1. APPROPRIATE USE OF
THE SERVICES.
ClassWorld
provides the Services exclusively and makes no effort to edit,
control, monitor or restrict the content of data other than
as necessary to provide such Services.
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Client
Content. Client
agrees that it will not distribute, electronically transmit
or display any materials supplied by Client - or through
Client by a third party - to any ClassWorld connection
with Client's use of the Services which:
violate any state, federal or foreign laws or regulations;
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infringe
on any intellectual property rights (e.g., copyright,
trademark, patent or other proprietary rights) of
ClassWorld or any third party;
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are
defamatory, slanderous or trade libelous;
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are
threatening or harassing;
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are
discriminatory based on gender, race, age or promotes
hate
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contain
viruses or other computer programming defects which
result in damage to ClassWorld or any third party.
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Bandwidth.
Client may occupy only the amount of disk space Allocated
to them, and utilize no more than the network bandwidth
that is allotted by by the plan in which the user has
chosen . Additional fees, specified in the Virtual Host
plans page, will be charged for exceeding the disk space
and/or network bandwidth allowance of your selected plan.
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No
"SPAM".
Client shall not use the Services for chain letters, junk
mail, spamming, or any use of distribution lists to any
person who has not given specific permission to be included
in such a process. Client also shall not engage in any
unsolicited email practices, or otherwise, that mentions
or reference any domain hosted by ClassWorld servers.
NOTE: THIS POLICY APPLIES TO VIRTUAL SERVER ACCOUNTS,
RESELLERS AND THEIR RESOLD ACCOUNTS, DEDICATED SERVER
CUSTOMERS, AND ALL DOMAINS, NAMES SERVERS AND PARKED DOMAINS
HOSTED ON THE SERVER. (Violators will be fined! Refer
to our UCE (SPAM) Policy).
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Licensed
Software Only.
Client agrees to use only properly licensed third party
software in connection with Client's use of the Services.
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Back-Up
Files. Client will have the ability to reinstate files
which are automatically archived by ClassWorld; however,
ClassWorld does not guarantee the existence, accuracy,
or regularity of its backup services and, therefore, Client
is responsible for making back-up files in connection
with its use of the Services. Backup capability is available
through the Client’s Control Panel.
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Termination.
ClassWorld reserves the right to refuse service to anyone.
ClassWorld, in its sole discretion, may immediately terminate
this Agreement if Client engages in any of the foregoing.
To report any unacceptable behavior by a third party using
the Services, please contact abuse@classworld.com.
2. PAYMENT OBLIGATIONS
Service Fees. Each Client
will pay on a monthly or yearly basis depending on the date
ordered, ClassWorld shall either (i) debit Client's credit
card (where such information is provided by Client) on this
date. or (ii) deliver by e-mail an invoice to Client in accordance
with the applicable Services fees for services rendered for
the current month(extras) and the next month after the current
month. Where an invoice is delivered to Client, Client shall
remit payment to ClassWorld by no later than the specified
payment due date which will determined by the dated entered
into the agreement. ClassWorld shall be entitled to immediately
terminate this Agreement for Client's failure to make timely
payments to ClassWorld. Certain services carry a set-up fee
charged by ClassWorld to Client that must be paid by Client
in order to have use of the Services. If Client terminates
this Agreement in accordance with Section 4 hereunder, Client
shall be responsible for any outstanding fees owed to ClassWorld
and agrees to pay any and all fees incurred by Client. Because
the Services are provided on a monthly or yearly basis, Client
will be responsible for Service fees incurred each month regardless
of when Client provides notice of termination. Thus, for example,
if Client provides notice to terminate on the 15th of a particular
month, Client will still owe fees for the entire month and
such fees will not be refunded. If Client has retained the
Services for one (1) year and has pre-paid ClassWorld for
such Services, refunds will be issued for any unused full
month portions of the Services upon Clients request. Therefore,
if Client's account is cancelled at any point during the one
(1) year term, Client will be entitled to a refund for the
months remaining after notice given by the 25th of the preceding
month. Yearly account usings over their usage(additional fees)
will be charge at the end of a one month period or if additional
services equal greater than $100 at any one time whichever
of these conditions comes first.
Domain Names. If Client chooses
to register a domain name(s) they do so through an independent
domain name registrar. ClassWorld has no part in maintaining
ownership or making payment for such service. Domain name
registration, payment and ownership is under total control
of the client.
3. CLIENT LIABILITY AND
INDEMNIFICATION
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The
parties agree that in no event shall ClassWorld be liable
to any third party for Client's breach or alleged breach
of any of the terms and conditions set forth in this Agreement.
Client agrees to defend, indemnify and hold harmless ClassWorld
from any and all expenses, losses, liabilities, damages
or third party claims resulting from Client's breach or
alleged breach of any Client obligations set forth hereunder.
4. TERM, TERMINATION &
REINSTATEMENT
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Subject
to the terms and conditions hereof, this Agreement shall
be effective on the date you register for the Services,
and shall continue in effect on a month-to-month basis
unless otherwise specified by separate agreement (the
"Term") unless terminated earlier pursuant to
the provisions of this Section 4. Either party will have
the right to terminate this Agreement upon notice to the
other party. If Client is terminating this Agreement,
Client must follow instructions for cancellation provided
on the Server Cancellation Information page. The essence
of this page states that Client must contact the ClassWorld
to receive a cancellation number, which Client shall retain
as proof of termination, and all cancellation requests
must be received by the Twenty-Fifth (25th) of the respective
month of cancellation. Any other attempt by Client to
cancel this Agreement by written or e-mail notice shall
be void. Sections 3 - 8 shall survive termination or expiration
of this Agreement.
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If
Client terminates its account, Client shall be allowed
to re-instate Client's use of the Services within Seven
(7) business days of cancellation. Client shall pay a
fee of Fifty Dollars ($50) prior to any re-instatement
of Client's account. Once payment has been received, Client's
account will be activated within Forty-Eight (48) business
hours. ClassWorld will maintain an archival copy of Client's
Web site for Seven (7) days after ClassWorld receives
notice of cancellation. Thereafter, Client will need to
place a new order if it wishes to subscribe to the Services.
5. TAXES
6. DISCLAIMER OF WARRANTY
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THE
SERVICES, THE ClassWorld SITE, INCLUDING WITHOUT LIMITATION,
ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE
ClassWorld SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS
ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT
WARRANTY OF ANY KIND. ClassWorld DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING,
WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING
FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY
OF THE FOREGOING, ClassWorld SPECIFICALLY DISCLAIMS ANY
WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR
ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE
NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY
METHODS EMPLOYED WILL BE SUFFICIENT.
7. LIMITATION OF LIABILITY
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IN
NO EVENT SHALL ClassWorld BE LIABLE FOR DAMAGES RESULTING
FROM LOSS OF DATA, PROFITS, USE OF THE ClassWorld SITE
OR ANY ClassWorld PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL,
INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION
WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS
OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL ClassWorld’S
CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN FIVE
HUNDRED DOLLARS ($500 US).
8. MISCELLANEOUS
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Notices.
Any notices or communication under this Agreement shall
be in writing and shall be deemed delivered to the party
receiving such communication at the address specified
below (1) on the delivery date if delivered personally
to the party, or a representative of the party; (2) one
business day after deposit with a commercial overnight
carrier, with written verification of receipt; (3) five
business days after the mailing date, whether or not received,
if sent by postal mail, return receipt requested; (4)
on the delivery date if transmitted by confirmed facsimile.
If to ClassWorld:
ClassWorld
6144 McAbee Road
San Jose, CA 95120
USA
If to Client:
Name and address provided for account setup.
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If
any of the provisions, or portions thereof, of this Agreement
are found to be invalid under any applicable statute or
rule of law, then, that provision notwithstanding, this
Agreement shall remain in full force and effect and such
provision or portion thereof shall be deemed omitted.
This Agreement (including the Exhibits, attachments and/or
addenda, if any,) represents the entire agreement of the
parties with respect of the subject matter hereof and
supersedes all prior and/or contemporaneous agreements
or understandings, written or oral between the parties
with respect to the subject matter hereof. This Agreement
and the rights granted and obligations undertaken hereunder
may not be transferred, assigned or delegated in any manner
by Client, but may be so transferred, assigned or delegated
by ClassWorld. Any waiver or any provision of this Agreement,
or a delay by any party in the enforcement of any right
hereunder, shall neither be construed as a continuing
waiver nor create an expectation of non-enforcement of
that or any other provision or right. In any legal proceeding
between the parties under this Agreement, the prevailing
party shall be entitled to recover its costs, expenses
and reasonable attorneys' fees. This Agreement is made
under and shall be governed by the laws of the Australia,
except with regard to it’s conflict of law rules. This
Agreement and ClassWorld policies are subject to change
by ClassWorld without notice. Continued usage of the Services
after a change to this Agreement by ClassWorld or after
a new policy is implemented and posted on the ClassWorld
Site constitutes your acceptance of such change or policy.
We encourage you to regularly check the ClassWorld site
for any changes or additions.
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