Sun Nov 30, 2003
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1835: Samuel Langhorne Clemens, popularly known as Mark Twain, was born in Florida, Missouri.
Service Agreement and Limit of Liability
- Parties. This agreement is between Metasphere.net (PROVIDER)
and the party as specified in the on-line application (CLIENT).
- Web hosting only. This agreement covers web hosting services only.
Other Internet services by the same PROVIDER are available at www.Metasphere.net
and are subject to another agreement.
- Space usage. PROVIDER will allow the specified per plan web space
to be used by the CLIENT as long as the use is in compliance with the policies
- Bandwidth usage. PROVIDER will not restrict the bandwidth used by
the CLIENT as long as the use is in compliance with the policies set below.
- Policies. CLIENT agrees to comply strictly with PROVIDERS "Acceptable
use policy" http://www.Metasphere.net/use.html and "Copyright infringement
policy". http://www.Metasphere.net/cip.html. CLIENT understands that the
services are subject to immediate termination without compensation for non-compliance
with the policies. Further, CLIENT will be responsible for the full amount of
any tangible and intangible damages this may cause. PROVIDER reserves the right
to change the policies from time to time to reflect the dynamic nature of the
Internet. Both policies are available on-line any time.
- Excluded Services. Provider will not provide services and will terminate
existing services immediately without compensation if the CLIENT's web site
is involved in any of the following: copyrights violation, pirated software
(warez), pirated music.
- On-line subscription. CLIENT makes an on-line, paperless subscription
for the services through Paypal.com. CLIENT acknowledges that all the information
he/she submits on-line is true and correct to the best of his/her knowledge.
CLIENT agrees that the act of submitting his subscription form on-line is equivalent
to his/her signature. PROVIDER will bill through Paypal.com according to the
billing period unless a cancellation in writing is received and the CLIENT cancels
subscription service through Paypal.com.
- Price change. PROVIDER has the right to change the price of the
services to reflect a change in the cost of the service, or other reasons. In
case of price change, PROVIDER will send a 30 day advanced notice by e-mail
- Start of services. Services will typically start on the same business
day on PROVIDER's site. Domain registration may take longer.
- Quality of Services. Although the PROVIDER will make the best efforts
to provide quality and uninterrupted services this is not guaranteed. PROVIDER
will not be responsible for any damages a service interruption may cause to
the Client. Furthermore PROVIDER will not censor any content on INTERNET. It
will be CLIENT's responsibility for the usage of his account and any consequences
of this usage.
- Fees. CLIENT agrees to pay for the services setup fee (if any),
monthly fee, bandwidth overrun fee (if any) and additional storage fee (if any).
The setup fee(if any) and first month fee are due upon the signature of this agreement.
PROVIDER will notify CLIENT if any heavy traffic fee and/or excessive space
fee are due.
- Domain name registration. CLIENT is responsible for establishing
the domain name with an official registrar, and for that registrar pointing
the DNS to metasphere.net's nameservers. CLIENT agrees to pay the registration
fees for the domain(s).
- Termination of Services. PROVIDER reserves the right to refuse services
to anyone and to terminate existing services with 14 days advance notice for
any or no reason; and without advance notice if the CLIENT violates the clauses
of this agreement. CLIENT has the right to terminate the services at any time
with a written notice sent by mail to 35 Robindale Ave, Asheville, NC 28801,
or by eMail to http://www.metasphere.net/index.cgi?action=form&database=comments. Both parties agree that there will be
no monetary compensation for terminated services regardless of the reason. No
refunds. No pro-rate.
- Automatic account upgrade. PROVIDER may upgrade services provided
with or without e-mail notice all web hosting accounts at any time.
- Payments. CLIENT agrees to pay by credit card. CLIENT agrees to
provide updated credit card information on-line as may be requested in case
his/her card is being declined. CLIENT understands that non-payment will result
in automatic "hold" on his/her account. During the hold period the
web site will not be accessible. The account will be "reactivated"
after payment in full is received. Credit card accounts will be automatically
renewed unless notified prior to expiration date of service.
- Late Payment. CLIENT agrees to pay a one time penalty of 6% of the
amount due plus $10 per month for delayed payments.
- Lawful use of INTERNET. CLIENT agrees to use INTERNET in accordance
with the law and with the ethical rules established or to be established in
- LIMITED LIABILITY. PROVIDER SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES
FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT
OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE PRODUCT, INCLUDING BUT
NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF USE, LOST DATA, PHONE BILLS,
COMMUNICATION LINES BILLS, LOSS OF PRIVACY, DAMAGES TO THIRD PARTY EVEN IF PROVIDER
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION
OF LIABILITY SHALL APPLY WHETHER ANY CLAIMS BASED UPON PRINCIPLES OF CONTRACT,
WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES
OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY
TO ACHIEVE ITS ESSENTIAL PURPOSE OR OTHERWISE. FURTHER, PROVIDER WILL NOT CENSOR
ANY CONTENT ON THE INTERNET. IT WILL BE CLIENT'S RESPONSIBILITY FOR THE USAGE
OF HIS ACCOUNT AND ANY CONSEQUENCES OF THIS USAGE.
- Indemnification. CLIENT shall indemnify, defend by counsel reasonably
accepted by PROVIDER, protect and hold PROVIDER harmless from and against any
and all claims, liabilities, losses, costs, damages, expenses, including consultants'
and attorneys' fees and court costs, demands, causes of action, or judgments
directly or indirectly arising out of or related to the web hosting and other
services provided by PROVIDER to the CLIENT.
- Security and Integrity of Information. Although PROVIDER implements
the latest technology for information protection there is no guarantee that
the information on Internet is absolutely secured or never may be destroyed.
CLIENT agrees to keep the PROVIDER harmless in case of loss of information or
loss of privacy. CLIENT is RESPONSIBLE FOR BACKING UP ALL DATA AND MAINTAINING
CURRRENT BACKUP FILES.
- Entire Agreement. This Agreement constitutes the entire understanding
and contract between the parties and supersedes any and all prior and contemporaneous,
oral or written representations, communications, understandings and agreements
between the parties with respect to the subject matter hereof, all of which
representations, communications, understandings and agreements are hereby canceled
to the extent they are not specifically merged herein. The parties acknowledge
and agree that neither of the parties is entering into this Agreement on the
basis of any representations or promises not expressly contained herein.
- Modification. This Agreement may be modified by PROVIDER at any
time due to the changing nature of this business. PROVIDER will maintain a copy
of the current agreement on http://Metasphere.net/Service_Agreement.html
- Waiver. Performance of any obligation required of a party thereunder
may be waived only by a written waiver signed by the other party, which waiver
shall be effective only with respect to the specific obligation described therein.
The waiver by either party hereto of a breach of any provision of this Agreement
by the other shall not operate or be construed as a waiver of any subsequent
breach of the same provision or any other provision of this Agreement.
- Severability. If any provision of this Agreement shall be unlawful,
void, or for any reason, unenforceable, it shall be deemed severable from, and
shall in no way affect the validity or enforceability of, the remaining provisions
of this Agreement, which shall remain valid and enforceable according to its
- Governing Law. This Agreement was entered into in the State of North
Carolina and its validity, construction, interpretation and legal effect shall
be governed by the laws and judicial decisions of the State of North Carolina
applicable to contracts entered into and performed entirely within the State
of North Carolina.
- Authority to Execute. Each of the parties to this Agreement represents
and warrants that it has full power to enter into this Agreement and that it
hasn't assigned, encumbered, or in any manner transferred all or any portion
of the claims covered by this Agreement.
- Benefit of Successors and Assigns. This Agreement shall be binding
upon and inure to the benefit of each of the parties hereto, and except as otherwise
provided herein, their respective legal successors and permitted assigns.
- Cumulative Remedies. Except as specifically provided herein, no
remedy made available to either party hereunder is intended to be exclusive
of any other remedy provided hereunder or available at law or in equity.
- No Partnership or Agency. Nothing in this Agreement shall be construed
as creating a joint venture, partnership, agency, employment relationship, franchise
relationship or taxable entity between the parties, nor shall either party have
the right, power or authority to create any obligations or duty, express or
implied, on behalf of the other party hereto, it being understood that the parties
are independent contractors vis-à-vis one another.
- No Third Party Beneficiaries. Nothing contained in this Agreement,
express or implied, shall be deemed to confer any rights or remedies upon, nor
obligate any of the parties hereto, to any person or entity other than such
parties, unless so stated to the contrary.
- Excused Performances. Provider shall not be deemed to be in default
of or to have breached any provision of this Agreement as a result of any delay,
failure in performance or interruption of the Services, resulting directly or
indirectly from acts of God, acts of civil or military authority, civil disturbance,
war, strikes or other labor disputes and disturbances, fire, transportation
contingencies, shortages of facilities, fuel, energy, labor or materials, or
laws, regulations, acts or order of any government agency or official thereof,
other catastrophes, or any other circumstances beyond Provider's reasonable
control. In the event of any such delay or failure, performance of the Services
shall be deferred to a date and time mutually agreeable by the parties.
- Counterparts. This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original, but all of which together shall constitute
one and the same instrument.
- Captions. The section headings and captions contained herein are
for reference purposes and convenience only and shall not in any way affect
the meaning or interpretation of this Agreement.
- Gender. Where the context so requires, the masculine gender shall
include the feminine or neuter, and the singular shall include the plural and
the plural the singular.
- Recitals. The recitals above set forth are incorporated herein by
MetaSphere.net runs RedHat Linux with Apache and Windows 2000 Flash Communication Server. We offer our customers a full-time OC3 Connection. We do our own DNS lookups and are registered with InterNic as a name server. We provide a full-tilt root access box with extensions including: perl, ssl, php, imagemagick, perlmagick, ghostscript, real media audio/video, flash communication server, sql, postgreSQL, mod_perl
and so much more. Our goal is to provide a focused developer-friendly network for owners developers, and webmasters looking to stay at the fore-front of cutting edge web technology. Metasphere is a strong supporter of the open-source movement with a diverse range of people, skills and knowledge. Become a part of Metasphere.net today!