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CONTRACT AGREEMENT


This agreement is made and entered into by and between Sitejibe Web Hosting (hereinafter referred to as "Sitejibe") and the person and/or business named below (hereinafter referred to as "Client").


Purpose:

The purpose of this agreement is to set forth the following terms and conditions for providing web hosting by Sitejibe for Client:


  1. Terms and Financial Arrangements:
    1. This agreement will become effective on the date below ("Commencement Date"), shall continue for a period of twelve (12) months, and shall automatically renew for successive calendar years on each anniversary of the commencement Date, unless canceled in writing by either party, at least 30 days prior to the end of term renewal date.
    2. A non-refundable setup charge, if any, shall be due upon receipt of contract.
    3. Clients paying by check or money order will receive an invoice for charges and payment is due upon receipt. Clients paying by credit card expressly agree to have their credit card account billed annually for the life of the contract on the anniversary date of the contract.
    4. Initial payment is due with the contract, regardless of the status of domain name application or any other forces beyond the control of Sitejibe.

  2. Failure to pay:

    In the case of a website hosted on a Sitejibe hosting server, failure of Client to remit payment to Sitejibe by the invoice due date is cause for removal of the Client's website files from Sitejibe's hosting server. Client agrees that Sitejibe shall not be held liable for such removal or disconnection.


    II. Taxes:

    Sitejibe shall not be liable for any taxes or other fees to be paid in accordance with or related to sales made from the Client using Sitejibe's server. The Client agrees to take full responsibility for all taxes and fees of any nature associated with such products sold by the Client.


    III. Material and Products:

    1. The Client will provide Sitejibe with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of Sitejibe. Sitejibe shall make no effort to validate this information for content, correctness or usability.

    2. Use of Sitejibe's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the Client's web space by the Client. The following examples are offered: Web Publishing: Knowledge of HTML, properly locating and linking documents, the use of File Transfer Protocol (FTP) devices, graphics, text, sound, image mapping, etc. CGI-Scripts: Knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc. Autoresponders: Knowledge of mReply autoresponder, forwarding mail, use of mail by Client to receive mail, etc.

    3. Client agrees that he or she has the necessary knowledge to create the Client's web space. The Client agrees that it is not the responsibility of Sitejibe to provide this knowledge or customer support outside of the defined service of Sitejibe.

    4. Sitejibe will exercise certain controls and restraints over the content of the information passing through the network. Our guidelines for such restraints can be found in our Acceptable Use Policy (AUP). Sitejibe makes no warranties or representations of any kind, whether expressed or implied, for the service it is providing. Sitejibe also disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Client. Use of any information obtained by way of Sitejibe is at the Client's own risk, and Sitejibe specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and does not represent guarantees of available end-to-end bandwidth. Sitejibe expressly limits its damages to the Client for any non-accessibility time or other down time to the monthly pro-ration charge during the system unavailability. Sitejibe specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not "Server-ready", Sitejibe may, at its option and at any time, reject this material, including but not limited to after it has been put on Sitejibe's server. Sitejibe agrees to notify the Client immediately of its refusal of the material and afford the Client the opportunity to amend or modify the material to satisfy the needs and/or requirements of Sitejibe. If the Client fails to modify the material, as directed by Sitejibe, within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be deemed to be terminated.


    IV. Trademarks & Copyrights:

    The Client warrants that it has the right to use the applicable trademarks, if any.


    V. Hardware, Equipment & Software:

    The Client is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access Sitejibe. Sitejibe makes no representations, warranties or assurances that the Client's equipment will be compatible with the Sitejibe Web Hosting service.


    VI. Age:

    The Client certifies that he or she is of full legal age to enter into this agreement.


    VII. Internet Etiquette:

    For a more in-depth look at what Sitejibe deems acceptable, please see our Acceptable Use Policy. (AUP)


    1. The Client may not use Sitejibe servers for the purpose of mass electronic junk mail. The Client may not use Sitejibe servers for excessive computation time inappropriate for Internet web servers. The Client may not install in her/his account any program which presents a security problem on that server. Sitejibe reserves the right to immediately cancel any service account which is causing a disruption of services for other customers. Electronic forums such as mail distribution lists and Usenet news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of Sitejibe may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Sitejibe. All messages transmitted via Sitejibe should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access.

    2. The Client may not run any software, applications, or other processes on Sitejibe servers without the express written permission of Sitejibe.


    VIII. Termination:

    This Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice. Notice must be made by mail or electronic mail. Sitejibe will not accept terminations over the telephone. Notwithstanding the above, Sitejibe may terminate service under this Agreement at any time, without penalty, if the Client fails to comply with the terms of this Agreement, including non-payment. Sitejibe reserves the right to charge a reinstatement fee when deemed applicable.


    IX. Limited Liability:

    1. The Client expressly agrees that use of Sitejibe's server is at the Client's sole risk. Neither Sitejibe, nor its employees, affiliates, agents, third party information providers, merchants licensees or the like, warrant that Sitejibe's server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Sitejibe server service, unless otherwise expressly stated in this Agreement.

    2. Under no circumstances, including negligence, shall Sitejibe, its officers, agents or anyone else involved in creating, producing or distributing Sitejibe's server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Sitejibe server service, or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Sitejibe's records, programs or services. The Client hereby acknowledges that this paragraph shall apply to all content on Sitejibe's server service.

    3. Notwithstanding the above, the Client's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which the Client paid during the term of this Agreement and any reasonable attorneys fee and court costs.


    X. Lawful Purpose:

    The Client may only use Sitejibe's server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets. This also includes links or any connection to such materials.


    XI. Indemnification:

    The Client agrees that it shall defend, indemnify, save and hold Sitejibe harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney fees, asserted against Sitejibe, its agents, its customers, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Client, its agents, employees or assigns. The Client agrees to defend, indemnify and hold harmless Sitejibe against liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with Sitejibe's server; (ii) any material supplied by the Client infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which the Client sold on Sitejibe.


    XII. Domain Name Ownership:

    1. Any domain name registered by Sitejibe on behalf of the Client is the property of said Client after the Client has paid Sitejibe any registration fees that Sitejibe has incurred on behalf of the Client. Sitejibe claims no ownership over Client's domain names that the Client has paid to register. At its option, Sitejibe will either arrange for any billing for names registered by Sitejibe on behalf of Client to be sent directly by the registrar or agent thereof to the Client, or Sitejibe will directly bill the Client for these registration fees plus applicable expenses, and/or service charges, if any.

    2. Client agrees that Sitejibe may be presented with information that Client's domain name possibly violates the trademark rights or other intellectual property rights of a trademark or other intellectual property rights owner. In case of such action, Client agrees to the following:

    a. Client agrees to hold Sitejibe harmless of any action taken by such owner regardless of the outcome of such dispute and regardless of whether the domain name service hosting for Client's domain is handled by Sitejibe. b. Client agrees that Sitejibe has the right to discontinue the domain registration in the event of such dispute over a Client's domain name.

    c. Client agrees that should Sitejibe discontinue name service for Client's domain upon notification of such dispute, that Sitejibe will not be liable for any loss of business, interruption of business, loss of Client's domain name, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if Sitejibe has been advised of the possibility of such damages.

    d. In no event shall Sitejibe's maximum liability exceed one hundred ($100.00) dollars. 3. Client agrees that a Sitejibe contact person shall be named as the "technical or zone contact" for any domains hosted at Sitejibe. Client agrees that Sitejibe may create and use network resources with the Client's domain name for administrative, testing, and network infrastructure enhancement purposes.


    XIII. Agreement Revisions:

    Revisions to this Agreement will be applicable to previous agreements. Revisions will be considered agreed to by the Client on renewal of Sitejibe services as specified in Section I, Terms and Financial Arrangements.


    XIV. Transfer:

    The Client may not transfer this agreement without the written consent of Sitejibe.


    XV. Entire Agreement

    This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof, and supersedes any and all prior understandings and agreements, oral or written. Any changes or modifications to this agreement must be made in writing and executed by both parties.

    The authorized representatives of the parties have executed this Agreement.

    CLIENT

    _____________________________________
    Business Name (if applicable)
    By:__________________________________

    Date:______________
    SITEJIBE WEB HOSTING

    _____________________________________               
    Sitejibe Web Hosting
    By:__________________________________

    Date:_____________



Additional Terms

Advertised Pricing Notice:  *Prices displayed are based on a one year prepaid term. All plans require pre-payment annually. Please see our Contract Agreement and our Acceptable Use Policy for full details regarding our policies.

Money Back Guarantee Details: *Sitejibe Web hosting maintains a 30 day money back guarantee. It is important to note, however, that customers that register a new domain name will have the domain purchase deducted from the refund amount. To receive a refund, you must cancel your order within the first 30 days of having service with us, cancellation can be performed by filling out our cancellation form. Please see our Contract and Acceptable Use Policy for full details.