| Terms of Use/Agreement |
| This Web site is provided to
you free of charge, "as is," by Internet Business Technologies, Inc. By using the information, services and products
available through this Web site, you are agreeing to the terms and conditions contained
herein.
This Web site contains links to other
Internet Business Technologies, Inc sites that contain additional Terms of Use. Your use
of any Internet Business Technologies, Inc site shall also subject you to the Terms of Use
of each of those sites. To the extent that the Terms of Use on any Internet Business
Technologies, Inc site conflicts with any terms and condition contained herein, the Terms
of Use of such site shall control.
Liability Disclaimer
The information, services and products available to you on this Web site may contain
errors and are subject to periods of interruption. While Internet Business Technologies,
Inc does its best to maintain the information, services and products it offers on the Web
site, it cannot be held responsible for any errors, defects, lost profits or other
consequential damages arising from the use of this Web site.
INTERNET BUSINESS TECHNOLOGIES, INC. PROVIDES THE INFORMATION, SERVICES AND PRODUCTS
AVAILABLE ON THIS WEB SITE "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS
WARRANTIES AND ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE HEREBY DISCLAIMED
TO THE FULLEST EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL INTERNET BUSINESS
TECHNOLOGIES, INC. BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL AND EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, ARISING FROM THE USE OR
PERFORMANCE OF THIS WEB SITE OR FROM ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED
THROUGH THIS WEB SITE, EVEN IF INTERNET BUSINESS TECHNOLOGIES, INC. HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THIS WEB SITE,
OR ANY PORTION THEREOF, YOUR EXCLUSIVE REMEDY SHALL BE TO STOP USING THE WEB SITE.
Hosting Agreement 1-14
The following words used in context of the Service Contract are defined as follows:
"Provider": Internet Business
Technologies, Inc.
"Client": The person or entity who is applying for Internet Business
Technologies, Inc. services.
The Provider agrees to provide, and
Client agrees to receive, access to the services according to the following terms and
conditions:
1. Client will use the
services in a manner consistent with any and all applicable laws of the US Federal
Government.
2. Provider reserves the
right, in its sole discretion, to deactivate the Client's account(s) upon an indication of
credit problems including delinquent payments or any other reason deemed sufficient by
Provider for such action.
3. The provider service is
provided on an "as is, as available" basis. The provider gives no warranty,
expressed or implied, for the services provided, including, without limitation, warranty
of merchantability and warranty of fitness for a particular purpose. This no warranty
expressly includes any reimbursement for losses of income due to disruption of service by
provider or its providers beyond the fees paid by client to provider for services.
4. Provider is not responsible
for any damages arising from Client's use of Provider or by Client's inability to use the
services for any reason.
5. While Provider shall make
every reasonable effort to protect and backup data for Client on a regular basis, Provider
is not responsible for Client's files residing on Provider. Client is solely responsible
for independent backup of data stored on Provider.
6. CLIENT HEREBY AGREES THAT
ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER THROUGH CLIENT'S ACCOUNT(S) WILL NOT
VIOLATE OR INFRINGE ANY COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON LAW OR PROPRIETARY
RIGHTS OF OTHERS, OR CONTAIN ANYTHING LIBELOUS OR HARMFUL. ANY POTENTIALLY ILLEGAL
ACTIVITY MAY BE BE DEACTIVATED WITHOUT WARNING BY THE PROVIDER. CLIENT HEREBY AGREES TO
INDEMNIFY AND HOLD HARMLESS THE PROVIDER FOR ANY CLAIM RESULTING FROM THE SUBMISSION OF
ILLEGAL MATERIALS.
7. CLIENT HEREBY AGREES THAT
ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER THROUGH CLIENT'S ACCOUNT(S) WILL NOT
CONTAIN ANYTHING LEADING TO AN ABUSIVE OR UNETHICAL USE OF THE SERVICE(S) OR THE HOST
SERVER(S). ABUSIVE AND UNETHICAL MATERIALS AND USES INCLUDE, BUT ARE NOT LIMITED TO
PORNOGRAPHY, OBSCENITY, NUDITY, VIOLATIONS OF PRIVACY, COMPUTER VIRUSES, AND ANY HARASSING
AND HARMFUL MATERIALS OR USES. CLIENT HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS THE
PROVIDER FROM ANY CLAIM RESULTING FROM YOUR PUBLICATION OF MATERIALS OR YOUR USE OF THOSE
MATERIALS. PROVIDER MAY OR MAY NOT GIVE NOTICE BEFORE DEACTIVATING THE USE OF AN
ACCOUNT(S) WHICH THE PROVIDER DECIDES IS AN ABUSIVE OR UNETHICAL USE OF THE ACCOUNT(S) OR
HOST SERVER(S).
8. Due to the public nature of
the Internet, all information should be considered publicly accessible, and important or
private information should be treated carefully. 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.
9. Use of distribution lists
via unsolicited electronic mail or other mass electronic mailings is strictly prohibited.
The Provider reserves the right to deactivate the Client's account(s) upon an indication
of such activity. Client hereby agrees to indemnify and hold harmless the provider from
any claim resulting from the Client's or another party's use of electronic mail service(s)
on the Client's account(s).
10. In the event it is necessary to
refer any dispute to an attorney or resolve it in a court of law, the prevailing party
will be entitled to an award of reasonable legal fees and all costs associated with any
legal action, whether or not a suit shall actually be filed.
11. Provider maintains control and
any ownership of any and all I.P. 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.
12. Client retains ownership of
their own domain name at all times. Provider has no right to ownership of any domain name
that is hosted on Internet Business Technologies, Inc. servers. Provider guarantees that
ownership of domain name will never be transferred from Client to Provider.
13. All sales are final. Should you choose to cancel your account at any time within
your billing period, the pro-rata rebate will cover our administration costs for such
action.
14. Client or Provider shall make known to other party using email, that the
Provider's services will no longer be given or required respectively.
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Website Design Agreement 1-13
The following words used in context of the Service Contract are defined as follows:
"Provider": Internet Business
Technologies, Inc.
"Client": The person or entity who is applying for Internet Business
Technologies, Inc. services.
The Provider agrees to provide, and
Client agrees to receive, access to the services according to the following terms and
conditions:
1. Client understands that
because of the differences in technogies being used by different hosting companies and
lack of uniformity within such companies, Provider will only design and update
websites which it hosts..
2. Client will recieve an invoice each month or when neccessary with all
appropiate information for work or services rendered. As such payment is due when invoice
is transfered to the Client.
3. Client or Provider shall make known to other party using email, that the
Provider's services will no longer be given or required respectively.
4. All sales are final. Should you choose to cancel your account at
any time after design starts, the pro-rata rebate will cover our administration and time
costs for such action.
5. The client
unconditionally guarantees that any elements of text, graphics, photos, designs,
trademarks, or other artwork furnished to Provider for inclusion in the web design project
are owned by the client, or that the client has permission from the rightful owner to use
each of these elements, and will hold harmless, protect and defend Provider and its
subcontractors from any claim or suit arising from the use of such elements furnished by
the client.
6. The client agrees that the client is
solely responsible for complying with such laws, taxes and tariffs, and will hold
harmless, protect, and defend Provider and its subcontractors from any claim, suit,
penalty, tax or tariff arising from the client's exercise of Internet electronic commerce.
7. Provider owns copyright to the finished
web design site produced by Provider. The client will be assigned rights to use the web
design project as a web site, once final payment under this agreement and any additional
charges incurred have been paid. Rights to photos, graphics, source code, work-up files
and computer programs are specifically not transferred to the client, and remain the
property of their respective owners. The Provider and its subcontractors retain the right
to display graphics and other web design elements as examples of their work in their
respective portfolios. All web design projects will contain a copyright/legal page with a
link to Provider's web site.
8. Provider does not warrant that the functions contained in the web
design project will be uninterrupted or error-free. The entire risk as to the quality and
performance of the web design project is with the client. In no event will Provider be
liable to the client or any third party for any damages, including, but not limited to
service interruptions caused by Acts of God or any other circumstances beyond our control,
any lost profits, lost savings or other incidental, consequential or special damages
arising out of the operation of or inability to operate this web design project, failure
of any service provider, of any telecommunications carrier, of the Internet backbone, of
any Internet servers, your or site visitor's computer or Internet software, even if
Provider has been advised of the possibility of such damages.
9. Provider Web Design provides service(s) to client on an "as
is" basis. Provider Wed Design expressly disclaims any and all warranties, including
the warranties of merchantability and fitness for a particular purpose. Provider Web
Design shall not be held liable for any loss of business, lost profits, lost data, lost
savings failure of security or any and all indirect, incidental or consequential damages
however characterized. Whether or not such damages are foreseeable.
10. Client assumes full responsibility for all content posted to his or
her web site, including any trademark, copyright, patent, or any other intellectual
property submitted to Provider Web Design for either creative services and/or straight
posting to his or her site. Provider Web Design reserves the right to remove without
notice any material, which in its sole opinion, may result in violation of intellectual
property rights of others or any other applicable Federal, State, Common, or International
Laws or Regulations. Provider Web Design does not tolerate e-mail spamming or similar
abuses of its network. The law of the State of Florida shall govern this agreement. The
forum for any disputes under this agreement shall be held in Miami-Dade County, Florida.
11. Provider Web Design and Client may cancel this agreement at will at
any time with written notice. In the event this contract is canceled by Provider Web
Design, the customer is not entitled to any income invested into the creation of the web
site, Domain Registration, VeriSign, Thawte, and all set-up fees are non-refundable.
Provider Wed Design will not be held responsible for any and all links, pictures, or
content placed onto the site. Provider Web Design will also not be held responsible for
any and all persons of all ages gaining access to any customers Web Sites.
Provider Web Design has the right to remove any and all web site content if a non-payment
occurs. Accounts are suspended upon 15 days past due. Any account that is suspended due to
non-payment will incur a $10 reinstatement fee. Accounts are completely removed from our
servers upon 30 days past due and the account will be referred to our collection agency.
12. This agreement constitutes the sole
agreement between Provider and the client regarding this web design project. Any
additional work not specified in initial contract must be authorized by a written request.
Continued services after that time will require a new agreement.
13. All prices will
be agreed upon before any work is started by both Client and Provider.
14. Provider Web Design reserves the right to
change these terms and agreements without notice.
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