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Terms and Conditions
Web Lease.Net (hereby called "The Service Provider") is an
on-line listing of personal and business World Wide Web pages. Web
Lease.Net, a division of Shaver Communications, Inc., maintains The
Service Provider as a service to the Internet community. The use of The
Service Provider is subject to the following terms and conditions.
Shaver Communications, Inc. may modify this agreement on an as needed
basis by placing an update of this posting, and your continued use of The
Service Provider following each updated posting shall be deemed to be your
acceptance of any such modification. Furthermore, it is your
responsibility to check the "Terms and Conditions" page of The
Service Provider regularly to determine whether this agreement has been
modified. You are likewise required to keep abreast of updates to the
information published on The Service Provider's FAQ
site and Accepted Uses and
Content Policy. If you do not agree with the Terms and Conditions of
The Service Provider or any modifications to this Agreement, You must
immediately stop using The Service Provider.
The entire content of The Service Provider is Copyrighted, and all rights
are reserved. You may save to disk or print out individual or small
selections of information contained within The Service Provider for your
own use, provided that you do not collect multiple small selections for
the purpose of replicating all or substantial portions of The Service
Provider. The Service Provider may be displayed by you to limited numbers
of persons provided that you do not charge for such a presentation.
SUBSCRIBER
LICENSING AGREEMENT
BY USING THE INTERNET ACCESS OR WEBHOSTING OFFERED BY WEB LEASE.NET
INTERNET SERVICES OR OPENING THIS PACKAGE, YOU ARE CONSENTING TO BE BOUND
BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT,
DO NOT USE THE INTERNET ACCESS OFFERED BY WEB LEASE.NET INTERNET SERVICES
OR RETURN THE PRODUCT TO THE PLACE OF PURCHASE FOR A FULL REFUND.
THE SOFTWARE AND DOCUMENTATION ARE PROVIDED FOR USE ONLY (I) WITH THE
INTERNET ACCESS SERVICE INITIALLY OFFERED BY WEB LEASE.NET INTERNET
SERVICES IN CONJUNCTION WITH THE DISTRIBUTION OF THE SOFTWARE AND
DOCUMENTATION AND (II) IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. NO
RIGHT OR LICENSE IS GRANTED TO USE THE SOFTWARE OR DOCUMENTATION WITH ANY
OTHER INTERNET ACCESS.
GRANT. WEB LEASE.NET INTERNET SERVICES (“WEB LEASE.NET”) hereby grants
you a non-exclusive, non-transferable, limited license to access the
Internet through WEB LEASE.NET’s network and a non-exclusive license to
use its accompanying software product (“Software”) and accompanying
documentation on the following terms:
You may: (i) use the Software only with the Internet service initially
offered by WEB LEASE.NET in conjunction with the distribution of the
Software and Documentation (“WEB LEASE.NET’s Internet Services”)
with which it is bundled; (ii) use the Software on any single computer,
(iii) use the Software on a second computer so long as the first and
second computers are not used simultaneously; or (iv) copy the Software
for archival purposes, provided any copy must contain all the original
Software’s proprietary notices.
You may not: (i) use the Software or Documentation in conjunction with any
Internet access or other network service, other than WEB LEASE.NET’s
Internet Services; (ii) permit other individuals to use the Software
except under the terms above; (iii) modify, translate, reverse engineer,
decompile, disassemble (except to the extent applicable laws
specifically prohibit such restriction), or create derivative works based
on the Software or Documentation; (iv) copy the Software or Documentation
(except for back-up purposes); (v) rent, lease, transfer or otherwise
transfer rights to the Software or Documentation; or (vi) remove any
proprietary notices or labels on the Software or Documentation.
TITLE. Title, ownership rights, and intellectual property rights in and to
the Software and Documentation shall remain with WEB LEASE.NET and/or its
suppliers. The Software is protected by the copyright laws of the United
States and international copyright treaties. Title, ownership rights, and
intellectual property rights in and to the content accessed through the
Software or through WEB LEASE.NET’s Internet Services is the property of
the applicable content owner and may be protected by applicable copyright
or other law. This License gives you no rights to such content.
You retain any rights you may have to data posted by you to the Internet.
NO ASSIGNMENT. The benefits or rights conferred by this agreement are
non-transferable and non-assignable. The connectivity provided is
expressly limited to you. Resale or use of this connection by other person
or persons is prohibited.
BILLING FOR ALL ACCOUNTS. WEB LEASE.NET will accept credit card, check,
and cash payments for services. Accounts are billed in advance at the
beginning of each accounts physical month. Credit cards will be charged on
or around the 1st day of each accounts renewal for any accounts that are
to be paid by credit card. You will be notified on or around the 5 day
after the billing if your credit card was declined for any reason. WEB
LEASE.NET will send a friendly reminder via email to all customers who
have a balance due after 5 days. Payments are due on the date of renewal.
All accounts with a balance after 15 days will be charged a $10 late fee
and suspended. Accounts will be reactivated when payment is made in full.
Any accounts with a 45-day balance will be closed and sent to collections.
You agree to pay WEB LEASE.NET all charges relating to use of your
account(s) according to rates and prices published online at the time of
use. You are responsible for charges from the application date until the
account is closed and WEB LEASE.NET may apply the amount due to your
credit card at any time. You are solely responsible for informing WEB
LEASE.NET of all new customer contact and billing information including
new expiration dates on your listed credit card, no remaining credit on
the credit account, new credit card numbers, address and phone number
changes. WEB LEASE.NET will however send an email reminder to you if your
credit card expires in an ensuing month. You are solely responsible for
notifying WEB LEASE.NET if you would like to cancel your account. Charges
will continue to accrue until notice is given. You are responsible for
payment through the end of the cancellation month. WEB LEASE.NET will
charge an additional fee per invoice if you request invoices by U.S. mail.
CHARGES. Charges for WEB LEASE.NET’s Internet Services shall be as
stated in the Internet Service Application, or as otherwise agreed in
writing by the parties, and shall be payable by you commencing no later
than one business day after receipt of application by WEB LEASE.NET.
All pre-paid plans are non-refundable. All pre-paid price plans are
treated as debit accounts; you are set up with a credit for indicated
number of months. The fee paid assumes that you do not use hours beyond
those supplied by your price plan and do not incur any additional service
charges to your account. If you do incur any charges, this amount will be
applied to your balance. When your balance reaches $0.00, the package is
terminated, regardless of the length of time to reach that balance. All
listed charges are exclusive of sales, use and other taxes, which are your
responsibility.
ADDITIONAL CHARGES. WEB LEASE.NET will charge $25 for all returned checks.
A service charge of $10.00 will be assessed on late payments. You are
liable for any and all attorney fees, court costs, and collection agency
fees or commissions if WEB LEASE.NET has to resort to these methods in
order to collect debts owed to WEB LEASE.NET. You agree to pay WEB
LEASE.NET its reasonable expenses, including attorney fees, incurred in
enforcing its rights under this Agreement.
You are responsible for changing or calling WEB LEASE.NET Technical
Support for assistance with changing your dialer to one of our local
access numbers when you are in our local access area. Extra email address
accounts are for email use only. They may not be used to access the
Internet. You agree to pay a fine of $500 for flagrant disregard of
allowable use policies including sending unsolicited commercial email,
spam, or via discussion groups whose charter does not explicitly allow
advertisements. It is at WEB LEASE.NET’s sole discretion what
constitutes such flagrant disregard of allowable use. Residential
customers will receive an invoice via email monthly. If a residential
customer wishes to be invoiced via U.S. postal service, WEB LEASE.NET will
charge $5 per month for this service. Any changes in accounts may be
subject to a change fee.
RELATED CHARGES. You are responsible for any local or long distance phone
charges accrued in connecting to WEB LEASE.NET. You are responsible for
equipment, including computer hardware and software, used in connecting to
WEB LEASE.NET.
LIMITED WARRANTY. WEB LEASE.NET warrants that for a period of ninety (90)
days from the date of acquisition, the Software, if operated as directed,
will substantially achieve the functionality described in the
Documentation. WEB LEASE.NET does not warrant, however, that your use of
the Software will be uninterrupted or that the operation of the Software
will be error-free or secure and hereby disclaims any and all liability on
account thereof. In addition, the security mechanism implemented by the
Software has inherent limitations, and you must determine that the
Software sufficiently meets your requirements. WEB LEASE.NET also warrants
that the media containing the Software, if provided by WEB LEASE.NET, is
free from defects in material and workmanship and will so remain for
ninety (90) days from the date you acquired the Software. WEB
LEASE.NET’s sole liability for any breach of this warranty shall be, in
WEB LEASE.NET’s sole discretion: (i) to replace your defective media; or
(ii) to advise you how to achieve substantially the same functionality
with the Software as described in the Documentation through a procedure
different from that set forth in the Documentation. Repaired, corrected,
or replaced Software and Documentation shall be covered by this limited
warranty for the period remaining under the warranty that covered the
original Software, or if longer, for thirty (30) days after the date (a)
of shipment to you of the repaired or replaced Software, or (b) WEB
LEASE.NET advised you how to operate the Software so as to achieve the
functionality described in the Documentation. Only if you inform WEB
LEASE.NET of your problem with the Software during the applicable warranty
period and provide evidence of the date you acquired the Software will WEB
LEASE.NET be obligated to honor this warranty. WEB LEASE.NET will use
reasonable commercial efforts to repair, replace, advise or refund
pursuant to the foregoing warranty within 30 days of being so notified.
This is a limited warranty and it is the only warranty or condition made
by WEB LEASE.NET. WEB LEASE.NET makes no other express warranty or
condition and there is no warranty or condition of non-infringement of
third parties’ rights. The duration of implied warranties or conditions,
including without limitation, warranties or conditions of merchantability
and of fitness for a particular purpose, is limited to the above warranty
period; some states do not allow limitations on how long an implied
warranty lasts, so limitations may not apply to you. No dealer, agent, or
employee of WEB LEASE.NET is authorized to make any modifications,
extensions, or additions to this warranty. No warranty is made by or on
behalf of any supplier of WEB LEASE.NET. If any modifications are made to
the Software by you during the warranty period; if the media is subjected
to accident, abuse or improper use; or if you violate the terms of this
Agreement, then this warranty shall be immediately terminated. This
warranty shall not apply if the Software is used on or in conjunction with
hardware or software other than the unmodified version of hardware and
Software with which the Software was designed to be used as described in
the Documentation.
This warranty gives you specific legal rights, and you may have other
legal
rights which vary from state to state or by jurisdiction.
LIMITATION OF LIABILITY. WEB LEASE.NET exercises no control whatsoever
over the content of the information accessed through WEB LEASE.NET’s
Internet Services. WEB LEASE.NET’s Internet Services are provided on an
“as-is, as-available” basis, without warranty of any kind, expressed
or implied, including, but not limited to, the warranties of performance,
merchantability and fitness for a particular purpose. WEB LEASE.NET and/or
contributors shall have no liability whatsoever to you for any claim(s)
relating in any way to (i) your inability or failure to perform research
or related work or to work properly or completely, or (ii) any lost
profits or consequential, exemplary, incidental, indirect or special
damages relating in whole or in part to your rights hereunder or use of,
or inability to use, WEB LEASE.NET’s Internet Services. WEB LEASE.NET
will not be responsible for any damage suffered by you, including, but not
limited to, loss of data resulting from delays, non-deliveries, mis-deliveries,
service interruptions, lack of domain registration, lack of domain
management, failure to perform caused by its own negligence or your errors
or omissions. Use of any information obtained via WEB LEASE.NET’s
Internet Services is at your sole risk. WEB LEASE.NET specifically
disclaims any responsibility for the accuracy or quality of information
obtained through WEB LEASE.NET’s Internet Services.
Under no circumstances and under no legal theory, tort, contract, or
otherwise, shall WEB LEASE.NET or its suppliers or resellers be liable to
you or any other person for any indirect, special, incidental, or
consequential damages of any character including, without limitation,
damages for loss of goodwill, work- stoppage, computer failure or
malfunction, or any and all other commercial damages or losses, or for any
damages in excess of WEB LEASE.NET’s list price for a license to the
Software and Documentation, even if WEB LEASE.NET shall have been informed
of the possibility of such damages, or for any claim by any other party.
This limitation of liability shall not apply to liability for death or
personal injury to the extent applicable law prohibits such limitation.
Furthermore, some states do not allow the exclusion or limitation of
incidental or consequential damages, so this limitation and exclusion may
not apply to you.
ALLOWABLE USE. WEB LEASE.NET’s Internet Services may only be used for
lawful purposes. Transmission of any material in violation of any federal
or state statute or regulation is prohibited. This includes, but is not
limited to, copyrighted material, material legally judged to be
threatening or obscene, or material protected by trade secret. The posting
of copyrighted software without proper authorization (commonly referred to
as Warez) and/or the posting of software access codes (commonly referred
to as Cracks) will be cause for account cancellation with forfeiture of
prepaid fees. You agree to indemnify and hold harmless WEB LEASE.NET from
any claims resulting from your use of WEB LEASE.NET service.
All Unix shell accounts provided by WEB LEASE.NET may only be used
interactively while dialed in. They may not be used to run processes
unattended or while not dialed in including, but not limited to, any IRC
bot, cron job, or screen.
Commercial advertising is an accepted and welcome use of the Internet.
However, there are appropriate and inappropriate places for Internet
advertising. Unsolicited commercial advertisements are not allowed in
email, and will result in account suspension or cancellation and fines as
stated in Additional Charges.
Commercial advertisements are unwelcome in most Usenet discussion groups
and on most email mailing lists. Inappropriate posting may result in
account suspension or cancellation. See the newsgroup or mailing list's
charter for whether advertising is allowed or not. "Spamming,"
or sending a message to many different off-topic newsgroups, is
particularly unacceptable and will be treated as such. Sending a message,
especially an advertisement, to more than five or six recipients, is by
itself spamming unless the individuals have specifically requested to be
added to a mailing list on that topic. Email is a person-to-person medium,
not a broadcast medium.
You agree to abide by WEB LEASE.NET’s policies concerning use of WEB
LEASE.NET’s Internet Services. Unsolicited advertisements via email, or
via discussion groups whose charter does not explicitly allow
advertisements, is specifically not an allowable use. WEB LEASE.NET
reserves the right to suspend access to service for your account(s) upon
an indication of disallowed use or credit problems including delinquent
payments or rejection of credit card charges. Residential and Business
dialup accounts are for individual use only. Simultaneous logins on one
account are not allowed. Any account with simultaneous logins may be
suspended and subject to a suspension fee as outlined in this Agreement.
If an account is suspended twice, it will be closed permanently.
UNLIMITED ACCESS. Unlimited dial-up accounts have no hourly charges when
the account holder is wholly and exclusively engaged in personal,
interactive Internet access. Personal, interactive use is approximated by
WEB LEASE.NET at 320 hours per month. Accounts may not be used for
automated, unsupervised use of the Internet or simultaneous connections by
multiple people. Accounts may not be kept connected with a keep-alive of
any sort, such as setting an email program to check mail periodically
unattended. WEB LEASE.NET may disconnect dial-up connections after
extended periods of inactivity or unauthorized use.
RESPONSIBILITY FOR ACCOUNT USE. You are responsible for all use of your
account(s) and confidentiality of password(s). WEB LEASE.NET will suspend
or change access upon notification that your password has been stolen,
lost or otherwise possibly compromised. WEB LEASE.NET is not responsible
for your personal files residing online on WEB LEASE.NET-owned and
controlled computers. You shall be responsible for independent backup of
your data stored online. You shall be responsible for all access to and
use of WEB LEASE.NET’s Internet Services by your personnel or by means
of your equipment, whether or not you have knowledge of or authorize such
access or use.
If subscriber is less than 18 years of age, the application must be signed
and these terms agreed to by a parent or legal guardian, who is
responsible for all charges related to the use of subscriber’s account(s).
UNAUTHORIZED USE OF ACCOUNT. WEB LEASE.NET will strongly react to any use
or attempted use of an Internet account or computer without the owner's
authorization. Such attempts include "social engineering"
(tricking other people into releasing their passwords), password cracking,
security hole scanning, denial-of-service attacks (ping-flooding, sending
packets with an illegal packet size, UDP flooding, half-open TCP
connection flooding, etc.) and the like.
Harassment or abusive use of email and other Internet services is a rare
but serious misuse of Internet resources. WEB LEASE.NET will handle
incidents of harassment on a case-by-case basis, consulting with all
parties involved. Any unauthorized use of accounts or computers by a WEB
LEASE.NET customer, whether or not the attacked account or computer
belongs to WEB LEASE.NET, will result in action against the attacker.
Possible actions include warnings, account suspension or cancellation, and
legal action, according to the seriousness of the attack.
LIMITATIONS ON RESOURCE USAGE. WEB LEASE.NET reserves the right to impose
limits on the total amount of disk space and other resources available for
your use on WEB LEASE.NET-operated computers. Dial-up account users are
subject to a limit of 5MB of disk space for all their disk usage,
including incoming mail files and personal Web pages. WEB LEASE.NET
reserves the right to remove files that exceed this limit. WEB LEASE.NET
reserves the right to delete without notice personal files that have not
been accessed for more than one month.
EMAIL PRIVACY. Electronic mail passes through multiple mail servers on the
Internet as it passes from source to destination. One can never be
guaranteed privacy from every possible mail server; therefore, someone
seeking total privacy should use some encryption scheme to render their
messages unreadable by eavesdroppers. With regards to WEB LEASE.NET's mail
servers, WEB LEASE.NET places a high value on privacy, and will only
examine users' mail when absolutely required, for example when
troubleshooting email delivery problems or being presented with a search
warrant for the information.
ILLEGAL MATERIAL. WEB LEASE.NET bears certain legal liabilities for the
use of its computer network and equipment. As such WEB LEASE.NET must
require that its customers do not use WEB LEASE.NET's network for illegal
purposes. When presented with a search warrant, WEB LEASE.NET is obligated
to release any information named therein, and will cooperate with the
authorities in any criminal investigation of inappropriate Internet usage.
However, WEB LEASE.NET recognizes that the legal status of the Internet
has not yet been resolved satisfactorily, either through legislation or
court precedent. Therefore WEB LEASE.NET must make certain decisions
regarding the illegality of various specific actions. Among the actions
WEB LEASE.NET considers illegal and therefore not allowed on its network
are: unauthorized distribution of copyrighted material; exploitation of
minors; and unauthorized use of computer resources. WEB LEASE.NET believes
that the First Amendment rights of free speech, freedom of the press, and
freedom of association apply to the Internet to the same degree as they do
to print media, and that any attempt to infringe upon those rights is void
of legitimacy.
WEB SERVICE. WEB LEASE.NET includes Web service with residential service
and hosts commercial web pages for a fee. In all cases, the Web pages
reside on WEB LEASE.NET’s computer equipment, giving WEB LEASE.NET some
ethical responsibility for the content of such pages. WEB LEASE.NET will
handle potentially inappropriate Web pages on a case-by-case basis.
Examples of inappropriate information include downloadable virus code and
obscenity.
Personal Web space may not be used for purposes that can be deemed as an
attempt to sell a product or service. WEB LEASE.NET separately offers
commercial Web hosting.
Domain name service is an additional service if that is desired. You are
responsible to domain name registration authorities for any fees they may
charge.
WEB LEASE.NET grants you a non-exclusive, nontransferable, limited license
to store documents on a WEB LEASE.NET Internet World Wide Web server, and
to use the server at burst bandwidth speeds up to WEB LEASE.NET’s full
capacity. Sustained average bandwidth usage, as measured by WEB LEASE.NET,
over the course of any seven (7) days shall not exceed 64 kilobits per
second (kbps). WEB LEASE.NET shall notify you if this limit is exceeded,
after which you have two (2) weeks to lower the bandwidth usage or incur
an additional charge of $100 per month per 64Kbps of sustained average
bandwidth usage.
The term "Bandwidth" is defined as: The total additive amount of
data downloaded from sites on Web Lease.Net's servers that comprise a
single billing group. For billing purposes, this is generally considered
to be monthly.
The term "Unlimited Bandwidth" implies that the data transfer is
not charged on a metered basis so long as it remains within reasonable
expectations. Web Lease.Net considers 10 Gigabytes a reasonable
expectation for its servers. Accounts whose total Bandwidth is in excess
of this expectation will be addressed on an individual basis. (see (Abuse
of Unlimited Traffic")
Abuse of Unlimited Traffic:
Web Lease.Net's customers are privileged to be offered unlimited traffic
for their web sites. The intention of Web Lease.Net is to provide a large
space to serve web documents, not an offsite storage area for electronic
files. All (90%) of your web pages (html) must be 'linked' with files
(.GIF, .JPEG, etc.) stored on Web Lease.Net's server. Web sites that are
found to contain either/or no html documents, a large number of unlinked
files are subject to warning, suspension or cancellation at the discretion
of Web Lease.Net management. Any customer who violates Web Lease.Net's
Policies in abusing site transfer will be notified and given 2 days to
remedy the problem. If the problem is not resolved within the alloted 2
day period, the client will be billed for the overages.
To maintain the integrity of our service the following limitations apply:
Sites with Banners, graphics or cgi scripts running from their domain used
on other domains. Sites with picture galleries (This is any site where 50%
of the files transferred are graphics) Sites offering download files or
archives. (This is any site where 50% or more of their monthly traffic is
from file downloads)
Sites using more than 30% of system resources
For "Premier" and "Basic" accounts, traffic will go
unmonitored until you reach 10gb per month. Thereafter, normal data
transfer cost of $20.00/10GB/month will be billed to your account.
Web Lease.Net will be the sole arbiter as to what constitutes a violation
of this
provision.
TERM AND TERMINATION. This Agreement shall become effective on the date
the service application is entered into WEB LEASE.NET’s system (no later
than the end of one business day after receipt of application). WEB
LEASE.NET, at its sole discretion, may terminate this Agreement
immediately or suspend your access to the service upon any breach of this
Agreement by you.
You are responsible for notifying WEB LEASE.NET of your wish to terminate
your account, if so desired. Charges will continue to accrue until your
notification to WEB LEASE.NET of account termination, or until your
account is suspended due to late payment. After 60 days of nonpayment, WEB
LEASE.NET will close your account; you will then be required to
re-subscribe according to policies in effect at that time in order to
continue service.
In the
event that you fail to pay Hostcentric all amounts which have accrued
under this Agreement immediately upon termination, Hostcentric may, in
addition to any other remedy it may have: (i) take possession and
ownership of any and all of your property (including but not limited to
any computer software (in object code and source code form), data,
information, all copyrights, trademarks, and any other proprietary rights
inherent therein, and appurtenant thereto; and (ii) you agree to assist
Hostcentric, or its designee, to obtain, secure, maintain, extend and
enforce these transferred property rights. In addition, you agree that if
Hostcentric is unable because of your unavailability, or for any other
reason, to secure your signature to transfer any of these property rights,
then you hereby irrevocable designate and appoint Hostcentric and its duly
authorized officers and agents as your limited agent and attorney-in-fact,
to act for and on your behalf and stead to execute and file any such
documents. At the Sole discretion of WEB LEASE.NET/Hostcentric all such
transferred property may be returned upon full payment of: (i)all accrued
amounts under the Agreement, with interest at 1 1/2 % per month or the
maximum allowable by law, and (ii) all reasonable legal and collection
fees and expenses.
Licenses
granted hereunder will terminate automatically if you fail to comply with
the limitations described herein. On termination, you must destroy all
copies of the Software and Documentation.
EXPORT CONTROLS. None of the Software or underlying information or
technology may be downloaded or otherwise exported or reexported (i) into
(or to a national or resident of) Cuba, Iraq, Libya, North Korea,
Yugoslavia, Iran, Syria or any country to which the U.S. has embargoed
goods; or (ii) to anyone on the U.S. Treasury Department’s list of
Specially Designated Nationals or the U.S. Commerce Department’s Table
of Denial Orders. By downloading or using the Software, you are agreeing
to the foregoing and you are representing and warranting that you are not
located in, under the control of, or a national or resident of any such
country or on any such list. In addition, if the licensed Software is
identified as a not-for-export product (for example, on the box, media or
on the installation process), then the following applies: except for
export to Canada for use in Canada by Canadian citizens, the Software and
any underlying technology may not be exported outside the United States or
to any foreign entity or “foreign person” as defined by U.S.
Government regulations, including without limitation, anyone who is not a
citizen, national or lawful permanent resident of the United States. By
downloading or using the Software, you are agreeing to the foregoing and
you are warranting that you are not a “foreign person” or under the
control of a foreign person.
EFFECT OF AGREEMENT. This Agreement (which shall include the current and
future Schedules hereto) represents the complete agreement concerning this
license between the parties and supersedes all prior agreements and
representations between them. The acceptance of any purchase order placed
by you is expressly made conditional on your assent to the terms set forth
herein, and not those contained in your purchase order.
MODIFICATION OF TERMS AND CHARGES. WEB LEASE.NET reserves the right to
change rates or otherwise modify provisions of this Agreement by notifying
you at least thirty (30) days before the effective date of the change, by
written or online notice. Your use of WEB LEASE.NET’s Internet Services
after such notice shall constitute your acceptance of the modifications to
this Agreement.
FORCE MAJEURE. WEB LEASE.NET’s performance hereunder is subject to
interruption and delay due to causes beyond its reasonable control such as
acts of God, acts of any government, war or other hostility, civil
disorder, the elements, fire, explosion, power failure, equipment failure,
industrial or labor disputes, inability to obtain necessary supplies and
the like.
SEVERABILITY. If any provision of this Agreement is held to be
unenforceable for any reason, such provision shall be reformed only to the
extent necessary to make it enforceable, and all other provisions are
unaffected.
NOTICES. Except as otherwise provided herein, all notices hereunder shall
be given in writing as follows:
WEB LEASE.NET Inc: WEB LEASE.NET INTERNET SERVICES
6757 Edgewater Commerce Parkway
Shaver Communications Building
Orlando Fl 32810
GOVERNING LAW. This Agreement shall be governed by and construed under the
laws of the state of Florida, except as governed by Federal law. The
application of the United Nations Convention of Contracts for the
International Sale of Goods is expressly included.
WAIVER. Failure of any party to enforce any provision of this Agreement
shall not constitute or be construed as a waiver of such provision or of
the right to enforce such provision.
U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication or disclosure of
Software and Documentation by the Government is subject to restrictions
set forth in subparagraphs (a) through (d) of the Commercial
Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in
subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer
Software clause at DFARS 252.227-7013, or at 252.211-7015, and in similar
clauses in the NASA FAR Supplement.
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