User Terms of Service Agreement
All users are bound by these terms of service.
CapeCodWebService.Com. MB Computer Data/Web Systems and CCWebs.Com known as and referred
to from this point on as Cape Cod Web Service . Com.
Cape Cod Web Service . Com. ("Cape Cod Web Service . Com")
agrees to provide you ("User") with those services
("Service") set forth on the Application subject to User's
compliance with the terms and conditions below.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE. BY
ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS
BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU
MAY NOT ACCESS OR USE THE SERVICE.
Warranty Disclaimer
THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY
IS EXPRESSED OR IMPLIED.
Cape Cod Web Service . Com exercises no control whatsoever over the
content of the information passing through Cape Cod Web Service . Com'S
system. Use of any information obtained via Cape Cod Web Service . Com is
at User's risk. Neither Cape Cod Web Service . Com nor any of its
affiliates, its licensers, its contractors or their respective employees
warrant that the Service will be uninterrupted or error free; nor does
Cape Cod Web Service . Com make any warranty as to the results from use of
the Service.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT,
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO
ADVICE OR INFORMATION GIVEN BY Cape Cod Web Service . Com, ITS AFFILIATES,
ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE
A WARRANTY. NEITHER Cape Cod Web Service . Com NOR ITS AFFILIATES, ITS
LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WARRANTS THAT THE
SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION,
SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES,
CANCELBOTS, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL Cape Cod Web Service . Com, ITS
AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR
CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM USER'S USE OF OR
INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART
THEREOF, OR USER'S RELIANCE ON OR USE OF INFORMATION, SERVICES OR
MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM
MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS,
DELAYS IN OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE, COMPUTER
VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED
ACCESS TO ALTERATION OF OR USE OF USER'S ACCOUNT, WHETHER FOR BREACH OF
CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT Cape
Cod Web Service . Com IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE
TERMS OF THIS AGREEMENT, Cape Cod Web Service . Com's LIABILITY SHALL BE
LIMITED TO THE UNUSED BALANCE OF USER'S SUBSCRIPTION PAYMENT PRO-RATED TO
REFLECT THE CURRENT TERM.
If User is dissatisfied with the Service or with any terms, conditions,
rules, policies, guidelines or practices of Cape Cod Web Service . Com in
operating the Service, User's sole and exclusive remedy is to discontinue
using the Service.
Indemnification
Notwithstanding anything to the contrary herein contained, User agrees
to indemnify and hold Cape Cod Web Service . Com, its affiliates, its
licensers, its contractors or their respective employees harmless against
any and all liability, loss, claim, judgment, damage and expense including
without limitation attorney's fees and cost of litigation) incurred or
suffered by Cape Cod Web Service . Com, its licensers, its affiliates, its
contractors, or their respective employees as the result of any and all
use of User's account whether authorized or not authorized or as a result
of the negligence, willful misconduct, or breach of any of the terms of
this Agreement by User, including but not limited to claims, liabilities,
losses, damage, judgment and expense which arise out of alleged injury or
death of any person or damage to property of every kind and description.
User shall promptly notify Cape Cod Web Service . Com in writing of any
claim of which it is obligated under this indemnity. User shall have the
right to assume the defense of any such claim. User and Cape Cod Web
Service . Com shall confer as to and agree on the legal counsel(s) to be
selected in any such defense.
Age Limit
User represents to Cape Cod Web Service . Com that he or she is 18
years of age or older. User understands that certain materials available
from Service provided under the terms of this Agreement may not be
suitable for individuals under the age of 18.
Sexually Explicit Materials
User understands that the Internet contains unedited materials some of
which are sexually explicit or may be offensive. User accesses such
materials at his or her own risk. Cape Cod Web Service . Com has no
control over and accepts no responsibility whatsoever for such materials.
Prohibited Uses
User may not:
send unsolicited email, (known as 'spam') to anyone residing on our
servers or through our servers, or when dialed into the network. The
following types of email sent constitute as spam: Forged email To/From
address other than from the actual sender or to the actual recipient.
Message subject not related to the email body. Email not requested by the
recipient. emails sent in bulk by sender. mail bombs.
restrict or inhibit any other user from using and enjoying the
Internet;
post or transmit any unlawful, threatening, abusive, libelous,
defamatory, obscene, pornographic, profane, or otherwise objectionable
information of any kind, including without limitation any transmissions
constituting or encouraging conduct that would constitute a criminal
offense, give rise to civil liability, or otherwise violate any local,
state, national or international law, including without limitation the
U.S. export control laws and regulations;
post on webspace provided any sexually explicit materials or materials
that may be offensive.
post or transmit any information or software which contains a virus,
cancelbot, trojan horse, worm or other harmful component;
post, publish, transmit, reproduce, distribute or in any way exploit
any information, software or other material obtained through the Service
for commercial purposes (other than as expressly permitted by the provider
of such information, software or other material);
upload, post, publish, transmit, reproduce, or distribute in any way,
information, software or other material obtained through the Service which
is protected by copyright, or other proprietary right, or derivative works
with respect thereto, without obtaining permission of the copyright owner
or rightholder;
upload, post, publish, transmit, reproduce, transmit or distribute in
any way any component of the Service itself or derivative works with
respect thereto;
send unsolicited advertising or promotional materials to other network
users (See section titled "MESSAGING");
allow users to run Maillist, Listserv or any form of auto-responds from
User's account;
run or activate processes while User is not logged in;
violate the security of any computer network, crack passwords or
security encryption codes, transfer or store illegal material including
that deemed threatening or obscene, or engage in any kind or illegal
activity;
attempt to defeat any idle timer or system tool intended to enforce the
part-time and personal nature of User's connection, including the use of
pingbots and other methods of avoiding timing disconnection (See section
titled "LIMITATIONS OF DIAL-UP SERVICES"); or violate any of the
rules, regulations and policies of those networks and computer systems
accessed via User's account.
Cape Cod Web Service . Com has no obligation to monitor the Service.
However, User agrees that Cape Cod Web Service . Com has the right to
monitor the Service electronically from time to time and to disclose any
information as may be necessary to satisfy any law, regulation or other
governmental request, to operate the Service properly, or to protect
itself or its subscribers. Cape Cod Web Service . Com will not
intentionally monitor or disclose any private E-mail message unless
required by law. Cape Cod Web Service . Com reserves the right to refuse
to post or to remove any information or materials, in whole or in part,
that, in its sole and absolute discretion, are unacceptable, undesirable,
or in violation of this Agreement. Cape Cod Web Service . Com reserves the
right to suspend access to the Service for User's account. The account's
suspension may be rescinded within the sole and absolute discretion of
Cape Cod Web Service . Com following payment of a reconnection charge, to
be determined by Cape Cod Web Service . Com in its sole and absolute
discretion.
Messaging
User agrees to limit their use of the Cape Cod Web Service . Com
service, specifically regarding the use of Cape Cod Web Service . Com's
electronic (email) services, to the following restrictions:
Unauthorized Use of Relay Servers
User agrees that any unauthorized use of any email server located
throughout the Internet for the purposes of relaying or distributing
messages is prohibited.
Fraudulent Addressing
User agrees that the purposeful distribution of any email message where
the return address, originator's address, or any other identifiable aspect
of the message has been purposefully altered, is prohibited. User may not
purposefully misrepresent the origination information of any email
messages sent while using the Cape Cod Web Service . Com service.
Fraudulent Content
User agrees to be held responsible for the distribution of fraudulent
materials.
VIOLATION OF ANY OF THESE TERMS WILL RESULT IN IMMEDIATE TERMINATION OF
SERVICES. FURTHERMORE, VIOLATION OF ANY OF THESE TERMS, RELATING TO THE
TERMS DESCRIBED WITHIN THIS "MESSAGING" SECTION OF THIS
DOCUMENT, WILL RESULT IN THE IMMEDIATE PENALTY OF $200. Cape Cod Web
Service . Com RESERVES THE RIGHT TO CHARGE USER'S CREDIT CARD, IF ON FILE
FOR USE IN PAYMENT OF Cape Cod Web Service . Com SERVICES, A ONE-TIME FEE
OF $200 PER VIOLATION OF THESE TERMS. IN THE EVENT USER PRE-PAYS FOR THEIR
Cape Cod Web Service . Com SERVICE VIA CASH, CHECK, OR MEANS OTHER THAN
CREDIT CARD, Cape Cod Web Service . Com RESERVES THE RIGHT TO INVOICE AND
HOLD USER RESPONSIBLE FOR THE ONE-TIME FEE OF $200 PER VIOLATION OF THESE
TERMS. USER ALSO AGREES TO THE IMMEDIATE TERMINATION OF Cape Cod Web
Service . Com SERVICES FOR VIOLATION OF ANY OF THESE TERMS.
Limitation of Web Hosting Services
Although Cape Cod Web Service . Com advertises "Unlimited
Bandwidth" in regards to some of its services there are several
limitations applied. The sole purpose of these limitations are intended of
unnecessary use of Cape Cod Web Service . Com services by any such User,
which restricts system availability for other such Users. These
limitations apply only to Hosting offered by Cape Cod Web Service . Com.
Restricted Content
You agree not to post any of the following restricted contents:
Illegal, Abusive or Unethical Activities include, but are not limited to,
pornography, obscenity, nudity, violations of privacy, hacking, computer
virus, gambling, or promotion of gambling, and any harassing or harmful
materials or uses, as determined by us. You agree to indemnify and hold us
harmless from any claim resulting from your publications or use of
Illegal, Abusive or Unethical materials.
Bandwidth Restrictions
Although we advertise unlimited bandwidth, we reserve the right to
inform you that you must transfer your website if an excessive amount of
bandwidth is being used. If the request is not met within 5 days, we do
reserve the right to remove the website from our system.
Restrictions of Use
User understands that the following restrictions are applied to the
service:
User May Not:
Send SPAM, or bulk email when dialed into the network.
Post offensive, threatening, or SPAM, when using the newsgroups.
Use their personal FTP site for business sites.
Post or transmit viruses or any harmful component to others.
Transmit anything that is protected by copyright without permission.
Attempt to violate the security of any computer network.
Engage in any illegal activity.
Email Restrictions
User agrees that Port 25 (SMTP) is blocked for all outgoing mail
servers except our own.
User may not send to more than 25 recipients at a time.
User may not send more than 100 emails per hour period.
User may not send from an email address that is not their own.
User may not send an email that is over 10 MB in size.
User may not forge message headers to hide the origin of their email.
Provider may block certain attachment types used in transmitting
viruses.
Email is kept on the server for only 60 days.
Limitation of Dial-Up Services
Cape Cod Web Service . Com Internet Access, in
regards to some of it's Dial-Up services, there are several limitations
applied:
User agrees to allow provider to force a 10 minute idle timeout and 5
hour maximum session on their dial-up account. Attempts to defeat the idle
timer using a ping bot or system tool, or the use of a re-dialer to
automatically reconnect once disconnected is prohibited. Inactivity is
defined as less than 500 bytes of data transferred between User's modem and
the service.
User understands that unlimited service does not mean dedicated service.
Dedicated service shall be defined as an average of more than 15 channel
hours a day, based on a 30 day calendar month usage report. User may be
blocked and forced to upgrade to continue service if their unlimited account
is used as a dedicated connection.
User understands that some services may be offered as limited. Once the
user has reached their limit, they shall not have access to the internet
until the 1st of the next month. User will not be given and may not purchase
more than one limited account in an attempt to get unlimited access on a
limited service. If user wants unlimited, they must purchase an unlimited
account.
The right to use the Service is not transferable. Accounts are for User's
use only. User shall be responsible for the confidentiality of User's
password. Loaning User's account to others, connecting a system used by
multiple persons, group use of user log-ins, and consuming more than one
modem line are explicitly prohibited. If User has multiple accounts, then
User shall be limited to one log-in session per system account at any time.
Cape Cod Web Service is not responsible for telephone line fees, charges
or any other telephone company fees. The customer is responsible for testing
and determining if a call is local and setting up their computer system
correctly to eliminate phone line fees. We will not be held responsible for
user setup errors or customers choice of calling plans such as metered
lines. It is the customers sole responsibility to determine if a call to one
of the dial-up numbers is toll free.
Idle Timeout
User agrees to have their online session automatically terminated after
ten (10) minutes of consecutive inactivity. Inactivity is defined as less
than 500 bytes of data transferred between User's modem and the Cape Cod
Web Service . Com service.
Maximum Single Session
User agrees to have an online session automatically terminated after
five (5) hours of consecutive time, regardless of data transferred during
such specific online session.
Minimum Re-Connect Limit
User understands they cannot log back onto the Cape Cod Web Service .
Com system for a time period of one (1) minute following the termination
of their previous online session, regardless of the reason for the
previous session's termination.
Multiple, Concurrent Online Sessions
User agrees to maintain no more than one (1) concurrent online session
for each PPP/ISDN account purchased.
Starnet Access Restrictions
User agrees to not use the service as a dedicated connection. The
determination of what a dedicated connection is shall be at the sole
determination of Cape Cod Web Service . Com. Service is provided as an
unlimited service provided that you may not use the provided connection as
a dedicated connection.
ISDN Access Restrictions
User agrees that for all ISDN Accounts that they will be limited to 300
channel hours of access per month. If the customer exceeds the 300 channel
hour limit, there account will be temporarily disabled until the first of
the next month.
UU.net Access Restrictions
User agrees that for all UU.net locations, that they will be limited to
150 hours of access per month. If a customer exceeds the 150 hour limit,
there account will be temporarily disabled until the first of the next
month.
Terms of Payment
A credit card User agrees to allow "MB Computer Data Systems/Cape
Cod Web Service . Com" to bill his or her card on each successive
billing date without obtaining User's permission after the initial charge.
A credit card User shall notify Cape Cod Web Service . Com of any changes
in credit card number or expiration date. If the card is not honored for
any reason, Cape Cod Web Service . Com will attempt to notify the card
holder by using the telephone information given at sign-up or by E-mail.
Cape Cod Web Service . Com will call the card holder, and if alternative
billing has not been established, the account will be terminated.
Restoring the account will be subject to a re-activation fee of $10.00.
In no event shall the User stop payment by use of their credit/debit card
holders bank, whereby a charge back may or may not occur. If a charge is
refused by Users Credit Card by use of the for mentioned method the User
understands and agrees to pay a $25.00 termination fee.
If payment is by check, payment is due by the 1st of each month. We do
NOT send out invoices of any kind, it is the sole responsibility of the
User to remit timely payments. Dishonored checks are subject to a
collection fee to be determined by Cape Cod Web Service . Com in its sole
and absolute discretion and User's account may be suspended until the
account is current. If payment is not received, service will be suspended
or terminated and a re-activation fee of $10.00 will be added to charges
for additional service. In no event shall the User stop payment by use of
their holders bank, whereby a charge back may or may not occur. If a
charge is refused by Users credit card/debit or checking account by use of
the aforementioned method the User understands and agrees to pay a $25.00
termination fee.
Cape Cod Web Service . Com maintains the right to terminate Service for
any unpaid subscriptions. Accounts in default are subject to an interest
charge of 2.5% per month on the outstanding balance. Termination of
Service shall not relieve User from the obligation to satisfy outstanding
invoices. In the event Cape Cod Web Service . Com utilizes an attorney to
collect any unpaid amounts, User shall be responsible for the payment of
all of Cape Cod Web Service . Com's attorneys' fees and costs in the
collection of these sums.
Cape Cod Web Service . Com reserves the right to change prices at any
time without prior notice to it's customers or the public. Price changes
will not be retroactive for existing customers, regardless of the length
of their existing service subscription.
Right to Cancel
Cape Cod Web Service . Com reserves the right to cancel Service for any
reason without prior notice. Pre-paid service is non-refundable. Cape Cod
Web Service . Com will not refund any shipping or handling fees.
User must notify Cape Cod Web Service . Com in writing
ten (10) days prior to the first of the month via U.S. postal service to cancel Service. Cancellations shall not be honored by electronic mail,
FAX or voice mail.
Fees for any setup, shipping and handling, and monthly service charges
placed by Cape Cod Web Service . Com are non-refundable.
No Confidentiality
Information transmitted through Cape Cod Web Service . Com and through
the Internet in general is not confidential. Cape Cod Web Service . Com
can not and shall not guarantee privacy or protection of any User. Cape
Cod Web Service . Com reserves the right to monitor any User's
transmissions when deemed necessary for providing proper service and/or to
protect the rights and property of Cape Cod Web Service . Com.
Customer Information
Unless required by court order, subpoena or other legal request, or
upon the advice of counsel, "Cape Cod Web Service . Com" may publish
User's name and other consumer information in one or more directories
which may be accessed by other Internet users. In addition, unless User
notifies "Cape Cod Web Service . Com" to the contrary as provided above,
"Cape Cod Web Service . Com" may make such information available to third
parties from time to time. User understands further that merchants on the
Internet may have access to such information and may make it available to
third parties in accordance with their normal practices unless User
notifies those merchants directly that User does not wish such information
to be made available.
Non-transferable
The right to use the Service is not transferable. Accounts are for
User's use only. User shall be responsible for the confidentiality of
User's password. Loaning User's account to others, connecting a system
used by multiple persons, group use of user log-ins, and consuming more
than one modem line are explicitly prohibited. If User has multiple
accounts, then User shall be limited to one log-in session per system
account at any time. Violation of those terms shall constitute theft of
Service and may be prosecuted under civil and criminal law.
Purchases on the Service
If User wishes to make purchases on the Service, User may be asked by
the merchant or information or service provider from whom User is making
the purchase to supply certain information, including credit card or other
payment mechanism information. User agrees that all information User may
provide any merchant or information or service provider on the Service for
purposes of making purchases shall be accurate, complete and current. The
merchants and information and service providers offering merchandise,
information and services on the Service set their own prices and may
change prices or institute new prices at any time. User agrees to pay all
charges incurred by users of User's account and credit card or other
payment mechanism at the prices in effect when such charges are incurred.
User shall also be responsible for paying any applicable taxes relating to
purchases on the Service.
No System Backup
Cape Cod Web Service . Com does not and will not perform system backups
on any User's E-mail account(s). Cape Cod Web Service . Com shall not be
held responsible for any lost E-mail data, email attachments, or any
E-mail message contents, regardless of the reasoning for data loss or
system causes. Except as otherwise set forth herein, Cape Cod Web Service
. Com will not provide historical data, to any party for any reason,
regarding any system or Internet activity.
Cape Cod Web Service . Com does not and will not perform system backups
on any web sites. Cape Cod Web Service . Com shall not be held responsible
for any lost web data, web files, or any website contents, regardless of
the reasoning for data loss or system causes. Except as otherwise set
forth herein, Cape Cod Web Service . Com will not provide historical data,
to any party for any reason, regarding any system or Internet activity.
Failure to Comply With Terms and Conditions
Cape Cod Web Service . Com may deny User access to all or part of the
Service without notice if User engages in any conduct or activities that
Cape Cod Web Service . Com in its sole discretion believes violates any of
the terms and conditions in this Agreement. If Cape Cod Web Service . Com
denies User access to the Service because of such a violation, User shall
not have the right (1) to access through Cape Cod Web Service . Com any
materials stored on the Internet, (2) to obtain any credit(s) otherwise
due to User, and such credit(s) shall be forfeited, (3) to access third
party services, merchandise or information on the Internet through Cape
Cod Web Service . Com, and Cape Cod Web Service . Com shall have no
responsibility to notify any third-party providers of services,
merchandise or information nor any responsibility for any consequences
resulting from lack of notification.
Miscellaneous
User agrees to remain signed into the network only when actually making
use of same, and to disconnect when idle for significant periods of time
(more than 10 minutes). User also agrees to not remain connected to Cape
Cod Web Service . Com's system for periods exceeding (5) five hours, in
any single continuous session. User authorizes Cape Cod Web Service . Com
to enforce these restrictions by appropriate software and network
measures, automated and manual.
User agrees to notify Cape Cod Web Service . Com if User moves or
otherwise changes his or her mailing address or phone number, and to list
a truthful name, postal address and telephone number on the forms User
supplies to Cape Cod Web Service . Com.
In the event that any portion of this Agreement is held to be
unenforceable, the unenforceable portion shall be construed in accordance
with applicable law as nearly as possible to reflect the original
intentions of the parties and the remainder of the provisions shall remain
in full force and effect.
Cape Cod Web Service . Com'S failure to insist upon or enforce strict
performance of any provisions of this Agreement shall not be construed as
a waiver of any provision or right. neither the course of conduct between
parties nor trade practice shall act to modify any provision of this
Agreement.
Cape Cod Web Service . Com may modify this Agreement from time to time
by placing a notice of such modification on our website, and User's
continued use of the Service following notice of such modification shall
be deemed to be User's acceptance of any such modification. It is User's
responsibility to check this online area regularly to determine whether
this Agreement has been modified. If User does not agree to any
modification of this Agreement, User must immediately stop using the
Service.
This Agreement shall be governed by and construed in accordance with
the laws of the State of Massachusetts without regard to its conflicts of law
provisions. Any cause of action User may have with respect to the Service
must be commenced within one (1) year after the claim or cause of action
arises or such claim or cause of action is barred.
Cape Cod Web Service . Com shall not be liable or deemed to be in
default for any delay or failure in performance under this Agreement or
interruption of service resulting directly or indirectly from acts of God,
civil or military authority, acts of public enemy, war, riots, civil
disturbances, insurrections, accidents, dire, explosions, earthquakes,
floods, the elements, strikes, labor disputes, shortages of suitable
parts, materials, labor or transportation or any cause beyond the
reasonable control of Cape Cod Web Service . Com.
Venue for litigation of any dispute, controversy, or claim arising out
of, in connection with, or in relation to this Agreement, or the breach
thereof, naming Cape Cod Web Service . Com as the defendant, shall be
proper only in a venue determined by Cape Cod Web Service . Com.
In any action between Cape Cod Web Service . Com and User to enforce
any of the terms of this Agreement, Cape Cod Web Service . Com shall be
entitled to recover expenses, including reasonable attorney's fees.
Hosting Services
agreement and policies
Acceptable Use Policy
This Acceptable Use Policy specifies certain actions prohibited by Cape
Cod Web Service for users of the Cape Cod Web Service Network. Cape Cod
Web Service reserves the right to modify this Policy at any time to stay
in compliance with any laws, regulations and security requirements. By
using Cape Cod Web Service services, any customer, employee or third party
unconditionally accepts the terms of this policy.
ILLEGAL USE
The Cape Cod Web Service Network may be used only for lawful purposes.
Transmission, distribution or storage of any material in violation of any
applicable law or regulation coming to or from any unauthorized network or
system is prohibited. This includes, without limitation, material
protected by copyright, trademark, trade secret or other intellectual
property rights used without proper authorization; government and military
data protected by law and national security; university and academic data
protected by public policy; and material that, in Cape Cod Web Service's
sole discretion, is obscene, defamatory, constitutes an illegal threat,
facilitates identity theft or other fraud, or violates export control
laws. Any violation of the above, which compromises the integrity of the
Cape Cod Web Service Network or any other network is strictly prohibited.
NETWORK AND MACHINE RESOURCES
Cape Cod Web Service reserves the right to monitor and allocate network
and machine resources. IP addresses are allocated per server and according
to virtual server specifications. Cgi resources are allocated one per
domain (a virtual host is required for each cgi-bin and is considered a
virtual host). Cape Cod Web Service in its sole discretion and upon
reasonable notice to customer reserves the right to discontinue any
hosting account and/or any script which causes excessive server load
and/or uses excessive server and network resources.
To protect Internet, network, and machine resources on behalf of the
entire Cape Cod Web Service customer base, no individual customer may do
the following:
1. Offer adult content of any kind, as determined in Cape Cod Web
Service’s sole discretion.
2. Utilize CGI/PERL chat, JAVA chat, or any other chat scripts in a manner
that adversely affects the operations or performance of other Cape Cod Web
Service customers, or of the Cape Cod Web Service system(s) or network(s).
The adverse effect of such use shall be determined by Cape Cod Web Service
in its sole discretion.
3. Use more than 1 MPBS throughput during peak network hours (9AM to 6PM
ET). Such usage could result in penalty fees. In the event of any dispute
regarding penalty fees, Cape Cod Web Service may determine violations and
fees applicable in its sole discretion.
Moreover, in a shared hosting environment, for the same reasons indicated
above, no individual customer may do the following: (NOTE: The
restrictions listed immediately below do NOT apply to collocation plans,
server appliance plans, I-MHIP plans, or any other dedicated server
offerings.)
1. Use their web site to store web pages, files, or data for other IP
addresses or domain names, or as a repository for files, data, or “Warez
group” download transfer.
2. Use their web site for data transfer from any database server, or for
streaming audio and/or video downloads; or use their web site as a storage
area for files that are not linked to the customer’s web pages hosted on
the same web site on Cape Cod Web Service’s servers.
Cape Cod Web Service may immediately suspend service without prior notice
to any web site that violates these rules. In the event of any dispute
regarding these rules, Cape Cod Web Service may determine violations of
these rules in its sole discretion.
Customers utilizing bandwidth in excess of plan limitations, or in
violation of these rules, will owe Cape Cod Web Service compensation
therefor at the applicable rate for excess bandwidth.
SYSTEM AND NETWORK SECURITY
Violations of system or network security are prohibited, and may result in
criminal and civil liability. Cape Cod Web Service will investigate
incidents involving such violations and may involve and cooperate with law
enforcement authorities if a criminal violation is suspected. Cape Cod Web
Service respects the privacy of customer data and vigilantly protects that
data and ALL customers who host with Cape Cod Web Service. If any
violation of the law or this AUP is suspected, Cape Cod Web Service
reserves the right to investigate. Use of the Cape Cod Web Service network
constitutes consent to monitoring. Examples of unlawful acts, system, or
network security violations include, without limitation, the following:
Unauthorized access to or use of data, systems or networks, including any
attempt to probe, damage, scan or test the vulnerability of a system or
network or to breach security or authentication measures without express
authorization of the owner of the system or network. Unauthorized
monitoring of data or traffic on any network or system without express
authorization of the owner of the system or network. Interference with
service to any user, host or network including, without limitation,
mailbombing, flooding, deliberate attempts to overload a system and
broadcast attacks. Unauthorized access to any data, system, or network
from an unauthorized system or network for any purpose which is not lawful
or which is intended to do harm. Forging of any TCP-IP packet header or
any part of the header information in an email or a newsgroup posting.
Electronic forging of any kind to include but not limited to IP addresses,
domains, business names, etc.
If you use any Cape Cod Web Service service described on this website, and
if Cape Cod Web Service determines in its sole discretion that you caused
or allowed a security exploit within the Cape Cod Web Service network, or
that you caused or allowed UCE/spam originating from your service to
adversely impact the Cape Cod Web Service network and its customers, you
may be assessed a $1,000 penalty fee, in the sole discretion of Cape Cod
Web Service. (As an example, if you fail to properly administer and
protect your self-managed server from being exploited by a third party,
this failure on your part in turn results in expanded degradation of the
Cape Cod Web Service network.) If you subscribe to the Cape Cod Web
Service Security Monitoring Plan and PPIS, and you implement Best
Practices in accordance with the plan, you will not be assessed a penalty
fee.
EMAIL
Sending unsolicited email messages, including, without limitation,
unwanted advertising and informational announcements, is explicitly
prohibited, whether sent in bulk or not, and whether commercial in nature
or not. The use of Cape Cod Web Service resources to sell or enable the
sale of "bulk" and/or "stealth" email software (to include so-called
"spoof" software) is strictly forbidden. The use of Cape Cod Web Service
resources to sell or enable the sale of software designed to "harvest"
email addresses is also categorically prohibited. A user shall not use
another site's mail server to relay mail without the express permission of
the site owner. Legitimate mailing lists and subscriber lists are
acceptable. Otherwise, it is spam.
USENET
Posting the same messages to multiple newsgroups (excessive cross-posting
or multiple-posting, also known as "SPAM") is expressly prohibited.
INDIRECT OR ATTEMPTED VIOLATIONS OF THE POLICY, AND ACTUAL OR ATTEMPTED
VIOLATIONS BY A THIRD PARTY ON BEHALF OF AN CAPE COD WEB SERVICE CUSTOMER
OR A CUSTOMER'S END USER, SHALL BE CONSIDERED VIOLATIONS OF THE POLICY BY
SUCH CUSTOMER OR END USER.
For Example: If you are hosting a bulk email site on Cape Cod Web Service
servers and you use another ISP to SPAM from in order to reference your
Cape Cod Web Service site by IP address or domain name, you are violating
Cape Cod Web Service policy and possibly the law. If you have been granted
telnet access to Cape Cod Web Service servers, multiple telnet log-ons are
strictly prohibited and you must come from a valid IP address. Forgery is
against the law. Any type of denial of service attack from valid or
invalid addresses is a violation of Cape Cod Web Service security policy
and against the law. If you have been granted password privileges for FTP
or telnet, sharing your password with an unauthorized user or third party
is strictly prohibited. Complaints regarding illegal Use or System or
Network Security issues should be sent to services@ccwebs.com. Complaints
regarding email abuse should be sent to services@ccwebs.com. Complaints
regarding USENET abuse or SPAM should be sent to services@CapeCodWebService.com
COPYRIGHT INFRINGEMENT
The Digital Millennium Copyright Act provides limitations for service
provider liability relating to material online with regard to information
residing, at the discretion of the user, on a system or network that the
service provider controls or operates. 17. U.S. 512(c). The designated
agents for notification of claimed infringement are: Cape Cod Web Service,
Inc., PO Box 1042, East Harwich, MA 02645-1042.
To view our online agreement http://Cape Cod Web Servicecom.com/agreement.htm
Cape Cod Web Service does not tolerate any pornographic material or
spamming and both infringements will result in an investigation and
possible termination and removal of the site and/or virtual server without
a refund. Cape Cod Web Service prides itself as a responsible member of
the Internet community and is committed to protecting the data of and
providing quality service to all Cape Cod Web Service customers all of the
time.
INTERACTION WITH CAPE COD WEB SERVICE STAFF
Any threat, vulgar and profane language directed at any Cape Cod Web
Service staff member through phone or email may result in immediate
termination of an account. Any violation of this policy by any employee,
contractor or third party programmer of Cape Cod Web Service should be
reported immediately. Bottom line is let's work together toward a mutually
beneficial relationship and create a prosperous and responsible Internet
community.
SERVER STATUS, MAINTENANCE AND BACKUPS
Self Managed, Dedicated Servers or Self Managed Dedicated
Servers are as stated, "self managed". The customer is responsible for
maintaining the server and its functions. The Customer also understands
that the customer is responsible for backups, server content, usage,
set-up, access, legal use, administrative duties, etc. as provided in the
agreement sections. Backup plans and administrative services may not be
offered or available for Self Managed, Dedicated Servers or Self Managed
Dedicated Servers. The Customer also understands that significant
down-time (web site off-line, not available to the web) may occur for
system maintenance, upgrades, requested modifications, non-requested
modifications, server changes, etc. and shell not hold Cape Cod Web
Service responsible for any type of loss.
Managed, Virtual Servers are also "self managed". The
customer is responsible for maintaining the server with regard to its
contents, website, email, scripts, etc. The Customer also understands that
the customer is responsible for backups, server content, usage, set-up,
access, legal use, etc. as provided in the agreement sections. Backup
plans and administrative services may not be offered or available for
Managed, Virtual Servers. The Customer also understands that significant
down-time (web site off-line, not available to the web) may occur for
system maintenance, upgrades, requested modifications, non-requested
modifications, server changes, etc. and shell not hold Cape Cod Web
Service responsible for any type of loss.
Copyright © 1996-2007, Cape Cod Web Service. All Rights Reserved
Microsoft ®, FrontPage ®, and the related logo(s) are registered
trademarks of Microsoft ® Corporation
Cape Cod Web Service
Online Agreement
THIS AGREEMENT is made and entered into between Cape Cod Web Service,
Inc., and/or its subsidiaries located 14 Upper County Road, Dennisport, MA
02639, hereinafter referred to as ("Cape Cod Web Service") and you, the
Customer ("Customer" or "You"), who wish to use the below-described
Service(s) of Cape Cod Web Service in accordance with this Agreement, to
include Cape Cod Web Service's application/order form, and its various
policies, which are located on the World Wide Web at http://www.CapeCodWebService.com
and its various subdirectories. You and Cape Cod Web Service are
collectively referred to in this Agreement as the "parties."
NOW, THEREFORE, in consideration of the foregoing premises and of the
mutual covenants and promises hereinafter set forth, the parties hereto
agree as follows:
1. DEFINITIONS:
a. "Agreement" shall refer to the complete and entire understanding
between the parties, exclusively represented by the totality of the
following documents: this instrument, which you are now reading; the Cape
Cod Web Service application/order form for Web space and Services; Cape
Cod Web Service's Acceptable Use Policy (AUP); and Cape Cod Web Service's
Billing and Procedures Policy (BP). The term "Agreement" shall not refer
to any statement, supposition, or understanding not recorded in writing in
the above-listed documents. The Cape Cod Web Service AUP may be found at
URL: http://www.CapeCodWebService.com/agreement.htm.
b. "Registered Name" shall refer to a domain name, whether consisting of
two or more levels, about which the Registry Operator of a Top Level
Domain (TLD), or an affiliate engaged in providing Registry Services,
maintains data in a Registry Database, arranges for such maintenance, or
derives revenue from such maintenance. In essence, a Registered Name is a
domain name that is registered with a Registry Operator, through an ICANN-accredited
Domain Name Registrar.
2. SERVICE DESCRIPTION: As a World Wide Web, Information Technology, and
Internet Service Provider, Cape Cod Web Service provides Internet Web
hosting, ecommerce, domain registration, and associated services,
hereafter referred to as the "Service" or "Services." For this purpose,
Cape Cod Web Service may maintain a network of dedicated server computers,
routers, hubs, switches, and other equipment (collectively, the "Network")
located in an undisclosed location in the, USA, and integrated with the
Internet. This Network sends and receives data and information via the
World Wide Web. Customer wishes to connect to the Web and establish an
Internet Web presence by utilizing the various resources of Cape Cod Web
Service's Network and Cape Cod Web Service's Services. The quantity, type,
and duration of Services provided to Customer shall be as Customer has
already affirmatively selected in the Cape Cod Web Service
application/order form. (See summary of options in paragraph 18, below.)
3. CONDITIONS:
a. The Cape Cod Web Service application/order form for Web space and
Services; Cape Cod Web Service's AUP; and Cape Cod Web Service's BP are
incorporated herein by reference, as if fully set out. The foregoing
constitutes a legal and binding contract between Cape Cod Web Service and
Customer, which does not extend to any other person or entity.
b. Customer may resell to third parties, but is responsible for third
party activities and content, and is bound by the terms of this Agreement.
c. The duration of this Agreement, as to its Initial Term and any renewal
thereof, shall be as Customer has already affirmatively selected on the
Cape Cod Web Service application/order form. (See summary of options in
paragraph 18, below.)
d. In accordance with (IAW) the BP, Cape Cod Web Service will bill
Customer, and Customer shall pay, for excess resources used by Customer,
such as data transfer, disk space usage, and virtual host limits. If
Customer exceeds the virtual host limit for a particular Cape Cod Web
Service service plan, however, Cape Cod Web Service will automatically
upgrade Customer's account to the next-higher service plan, and bill
Customer according to the upgraded plan, and Customer will pay according
to the upgraded plan.
e. Also IAW the BP, cancellations made after an application has been
received by Cape Cod Web Service, and after Web space has been set up by
Cape Cod Web Service, do not nullify Customer responsibility to pay costs
incurred by Cape Cod Web Service in setting up said Web space. To protect
Customer's data from malicious deletion or other tampering, and to protect
Cape Cod Web Service from liability therefore, all cancellations by
Customer must be accomplished exactly IAW the Cape Cod Web Service BP.
4. WARRANTIES and LIMITATION OF LIABILITY: With respect to the Services to
be provided hereunder, Customer understands and acknowledges that Cape Cod
Web Service MAKES ABSOLUTELY NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED.
Customer further agrees that Cape Cod Web Service shall not be liable to
Customer for any claims, damages, or loss of profit which may be suffered
by Customer or any other entity in any respect for direct, indirect,
consequential, actual, or punitive damages arising out of or in relation
to the Services provided hereunder, including, but not limited to, losses
or damages resulting from loss of data due to delays, non-deliveries, or
Service interruptions. The utilization of any data or information received
by Customer from use of the Services to be provided by Cape Cod Web
Service is at Customer's sole and absolute risk. Cape Cod Web Service
specifically disclaims and denies any responsibility for the completeness,
accuracy, or quality of such data or information.
5. TRADEMARKS
a. Customer shall not use the Cape Cod Web Service name, trademarks, trade
names, or logos in connection with the operation of Customer's business,
except as may be provided for in this Agreement. Neither party shall use
the other party's name, trademarks, or logos in either its own corporate
name or in any fictitious name. Neither party nor its employees or agents
shall knowingly remove or alter any trademark, trade name, copyright, or
other proprietary notices, legends, or symbols from any of the other
party's products or documentation or intellectual property.
b. Neither party shall take any action, or intentionally omit to take any
action, that would jeopardize, limit, or interfere in any manner with the
ownership of the other party in the other party's products, services,
documentation, or intellectual property. Title to and ownership of all
copies of any products, services, software, documentation, or Internet
services developed by or for Cape Cod Web Service or owned by Cape Cod Web
Service through the term of this Agreement, whether in machine-readable or
printed form, and including, without limitation, any derivative works,
compilations, or collective works thereof, and all related technical
know-how, and all rights therein (including without limitation rights in
patents, copyrights, and trade secrets applicable thereto), are and shall
remain the exclusive property of Cape Cod Web Service and its suppliers.
Customer shall not take any action to jeopardize, limit, or interfere in
any manner with Cape Cod Web Service's ownership and rights therein.
c. Customer agrees not to disassemble, de-compile, or reverse-engineer any
of Cape Cod Web Service's Internet software or any of Cape Cod Web
Service's source code, without limitation.
6. CONFIDENTIALITY & NON-COMPETITION
a. Customer and Cape Cod Web Service hereby agree not to disclose or use,
and to assure that their employees and agents do not disclose or use, any
confidential information belonging exclusively to one another ("one
another's Confidential Information"). Customer and Cape Cod Web Service
acknowledge that the following materials and information, and all copies
thereof, constitute one another's Confidential Information:
b. Lists of subscribers, customers, or clients, including without
limitation information about their occupation, credit card numbers,
information, and preferences; and the results of market research performed
or obtained by one another concerning any such subscribers, customers, or
clients;
c. Information belonging to and/or concerning one another which is not
generally known by or disclosed to the public, including without
limitation information regarding one another's hardware, software,
personnel, finances, business plans, computer programs, code, algorithms,
expertise of employees and consultants, know-how, formulas, processes,
ideas, inventions (whether patentable or not), schematics, and other
technical, business, financial and product development plans, forecasts,
strategies, and any other information marked "Confidential"; and
d. Both parties acknowledge that the other party's above-listed
Confidential Information is valuable, special, and unique; that its
unauthorized disclosure or use will cause irreparable injury to the other
party; that immediate injunctive and/or other equitable relief will be
necessary and appropriate to remedy an unauthorized disclosure or use of
such information; and that such relief may include without limitation a
Temporary Restraining Order (obtained ex parte) as well as permanent
injunctive or other relief.
e. Customer shall not cause or attempt to cause any Employee or Agent of
Cape Cod Web Service, of Cape Cod Web Service's subsidiaries, or of its
parent company, to terminate his/her employment or agency during the term
of this Agreement. Customer further agrees not to cause or attempt to
cause any of Cape Cod Web Service's customers, their agents, or their
employees to terminate their respective relationships with Cape Cod Web
Service, or with any of Cape Cod Web Service's subsidiaries, or with its
parent company.
f. Upon termination of this Agreement, each party agrees to return to the
other party, within a reasonable time period, any and all Confidential
Information and other materials belonging to the other party.
g. This Paragraph will survive the termination of this Agreement for a
period of two (2) years.
7. PAYMENT POLICIES:
a. The following is intended to supplement the Cape Cod Web Service BP by
providing a context for it, without conflicting therewith.
b. As consideration for Cape Cod Web Service's promise to provide to
Customer the Services described hereunder, Customer agrees to pay Cape Cod
Web Service, at the time of submitting the application and order, all the
Cape Cod Web Service fees for the Services which Customer has ordered,
regardless of the service plan/payment selections Customer has already
affirmatively made on the Cape Cod Web Service application/order form.
(See summary in paragraph 18, below.)
c. All set-up and Initial Term fees are non-refundable, in whole or in
part, even if Customer's Web hosting or other Service account shall be
suspended, cancelled, or transferred prior to the end of Customer's
then-current term. Any termination or cancellation by Cape Cod Web Service
or Customer shall not relieve Customer of the obligation to pay all fees
accrued prior to such termination or cancellation.
d. Customer's set-up fee and first payment are due at the time the on-line
application and Agreement are filled out and submitted to Cape Cod Web
Service. Customer will thereafter be billed according to the Cape Cod Web
Service BP.
e. If Customer pays by check, restrictive endorsements or other statements
on checks accepted by Cape Cod Web Service shall have no effect. Customer
shall reimburse Cape Cod Web Service for all administrative costs
(including reasonable attorney fees) associated with collecting delinquent
or dishonored payments, to include chargebacks. At Cape Cod Web Service's
sole option, interest charges may be added to any past due amounts at the
lower of 1.5% per month or the maximum rate allowed by law.
f. In the event that Customer fails to pay for Services IAW the Cape Cod
Web Service BP, Cape Cod Web Service shall be entitled to unilaterally
suspend its obligation to perform under this Agreement, in whole or in
part, and to discontinue all or some Services, at its option, until
payment is made IAW the BP. Moreover, in the event of failure to pay by
Customer and/or a chargeback by a credit card company (or similar action
by another payment provider allowed by Cape Cod Web Service) in connection
with payments for the Services, Customer agrees and acknowledges that, in
Cape Cod Web Service's sole discretion, Customer's Registered Name (domain
name) registration shall be transferred to Cape Cod Web Service, and that
Cape Cod Web Service shall thereupon possess all rights regarding such
Registered Name registration including, without limitation, the right to
make said Registered Name available to other parties for purchase, for the
purpose of recovering the sum that Customer has failed to pay. Cape Cod
Web Service may reinstate Customer's Registered Name registration at Cape
Cod Web Service's sole discretion, and will reinstate such following Cape
Cod Web Service's receipt of payment in full from Customer (unless Cape
Cod Web Service has already sold the Registered Name registration to a
third party, under the above provisions of this Agreement).
g. As to guarantees or any promotional offers that may be in effect at the
time you, the Customer, execute this Agreement, those promotional offers
or guarantees are expressly subject to the following restrictions: All
such promotional offers of products or services, such as free or
reduced-rate domain name registration, free or reduced-rate set-up, or
similar offers, may be invalidated by Cape Cod Web Service in its sole
discretion the first time you make a late payment to Cape Cod Web Service,
or in the event that you cancel your hosting plan within 30 calendar days
after executing this Agreement; and in such circumstances, before a refund
of any type is made to you, you will be charged the full price for such
domain name registration, set-up, or similar product or service covered in
a promotional offer. No 30-day "money-back" guarantee shall apply to a
collocation hosting plan or a self-managed dedicated server-hosting plan.
No 30-day "money-back" guarantee shall apply to your upgrade from one
hosting plan to another hosting plan.
8. BREACH AND REVOCATION: In the event that Cape Cod Web Service may at
any time believe that the Service is being utilized for unlawful purposes
by Customer, or in contravention of the terms and provisions of this
Agreement, Cape Cod Web Service may unilaterally and immediately
discontinue such Service to Customer without liability. Without
limitation, this provision will include adult-content matters, unsolicited
bulk emailing, and failure to pay in accordance with the Cape Cod Web
Service BP.
9. SECURITY INTEREST IN CUSTOMER'S DATA AND REGISTERED NAME (DOMAIN NAME)
REGISTRATION RIGHTS: Customer agrees that Cape Cod Web Service and/or its
subsidiaries shall have a security interest in Customer's data and in
Customer's Registered Name registration, and shall have the right in Cape
Cod Web Service's sole discretion to suspend, cancel, transfer, or modify
Customer's Web hosting account and Registered Name registration in the
event that Customer fails to pay or otherwise breaches this Agreement.
Customer understands and acknowledges that by placing Customer's
Registered Name and Customer's information on Cape Cod Web Service's
servers, Customer has granted Cape Cod Web Service and its subsidiaries a
security interest in Customer's Registered Name registration and
customer's data. Customer acknowledges and agrees that Customer's
Registered Name is subject to suspension, cancellation, or transfer by any
ICANN procedure, by any Registrar or Registry Operator procedures approved
under an ICANN-adopted policy, or by any other TLD Registry Operator
procedures as the case may be, for the resolution of disputes concerning
the Registered Name. Customer further agrees and acknowledge that Cape Cod
Web Service owns all databases; compilations; collections; and similar
rights, titles, and/or interests worldwide in the Web hosting and
Registered Name databases generated by information relating to Cape Cod
Web Service and Cape Cod Web Service subsidiary customers, and all
information and derivative works generated from the Web hosting and
Registered Name databases to include but not limited to:
a. the original creation date of the Registered Name registration;
b. the expiration date of the Registered Name registration;
c. the name, postal address, e-mail address (which Cape Cod Web Service
may alias for purposes of transfers), voice telephone number, and where
available, fax number(s) of the technical contact, administrative contact,
zone contact, and billing contact for the Registered Name registration;
d. any remarks concerning the Registered Name that appear or should appear
in the WHOIS or similar database;
e. any other information Cape Cod Web Service generates or obtains in
connection with the provision of Registered Name registration and/or Web
hosting services.
10. DEFAULT; ACCELERATION; AND WAIVER OF NOTICE: Should Customer fail to
pay Customer's bill as required by this Agreement, or should Customer
otherwise breach this Agreement, Cape Cod Web Service may declare Customer
in default and require Customer to pay the entire debt immediately and
without prior notice. Further, in the event of default, Cape Cod Web
Service may act, in its sole discretion, as Customer's Attorney-in-Fact to
execute actions or proceedings in connection with this Agreement,
including, but not limited to, selling or otherwise disclosing Customer
data and/or the Registered Name registration.
11. INDEMNIFICATION: Customer shall indemnify and hold harmless Cape Cod
Web Service from any and all loss, cost, expense, and damage on account of
any and all manner of claims, demands, actions, suits, proceedings,
judgments, costs, and expenses that may be initiated against Cape Cod Web
Service and Cape Cod Web Service's officers, directors, and employees for
any Service provided to Customer by Cape Cod Web Service, to include Web
space content that violates any copyright, trademark, or service mark; any
proprietary right of any person or entity; any state and/or federal laws
or regulations; or contains any defamatory matter.
12. CHANGES IN TERMS OF AGREEMENT: Cape Cod Web Service reserves the right
to make changes to the terms and conditions of this Agreement at any time,
and to the on-line application/order form, to include pricing of the
Services, advising of the change and the effective date thereof by
publishing it to the appropriate Cape Cod Web Service Web site, but with
changes in fees being effective only at the end of any period for which
Customer has prepaid. Utilization of the Service(s) by Customer following
the effective date of such change(s) shall constitute acceptance by
Customer of such change(s). Customer is solely responsible for staying
informed with respect to changes in this Agreement, to include the
application/order form, the AUP, and the BP, all of which are published
on-line, as indicated above, and are readily available for public viewing.
13. ENTIRE AGREEMENT AND UNDERSTANDING: This instrument --- together with
the application/order form for Web space and Services, Cape Cod Web
Service's AUP, and Cape Cod Web Service's BP, all of which are published
on Cape Cod Web Service's Web site and are incorporated herein by
reference --- constitutes the entire Agreement between the parties, and
represents the complete and entire understanding of the parties with
respect to the subject matter of this Agreement.
14. RELATIONSHIP: The parties hereto are independent entities. Nothing in
this Agreement shall be construed to constitute Customer an agent,
employee, partner, independent contractor, joint venturer, or any other
similar entity.
15. GOVERNING LAW: This Agreement shall be governed by the laws of the
State of Massachusetts in the USA without regard to such State's laws and
rules concerning conflicts of laws. Each party agrees that jurisdiction
and venue for any and all claims, disputes, or other matters arising out
of the Services provided herein and under this Agreement will only lie in
Barnstable County, Massachusetts. If any action at law or in equity is
brought in Barnstable County, Massachusetts, to enforce or interpret the
provisions of this Agreement and Services provided herein, the prevailing
party in such action shall be entitled to all reasonable costs to include
attorney fees. The parties agree that this Paragraph 15 is a material
inducement to each of them to enter into this agreement, and further agree
that, if either party violates this agreement by filing or bringing,
outside Barnstable County, Massachusetts, any action at law or in equity
to enforce or interpret the provisions of this Agreement and the Services
provided herein, the party filing or bringing such action shall fully
reimburse the defendant party for its reasonable costs to include attorney
fees, and shall make such reimbursement in full within ten (10) calendar
days after receipt of a formal demand therefor, which demand shall include
a list of all costs and expenses demanded.
16. SEVERABILITY: In the event that any term or provision of this
Agreement is held by a court of competent jurisdiction to be illegal,
unenforceable, or invalid in whole or in part for any reason, the
remaining provisions of this Agreement shall remain in full force and
effect.
17. INTERPRETATION: The format, words, and phrases used herein shall have
the meanings generally understood thereby in the
Computer/Software/Internet Industries. This Agreement shall be construed
according to its plain meaning. In the event any ambiguity shall be found
herein, interpretation shall be based on the intent of the parties, rather
than a construction automatically against the interests of the drafting
party.
18. Customer understands that Customer has already affirmatively selected
one of the following service plan/payment options on the Cape Cod Web
Service application/order form, which is incorporated herein by reference.
The four options are summarized immediately below:
a. Option 1. Term of six (6) months shall begin on the date of
application. Customer pays for the six months of Services in six monthly
installments, each individual installment being nonrefundable, at
Company's sole discretion. Thereafter, renewal terms SIX MONTHS IN
DURATION shall be automatic unless one of the parties cancels IAW the BP
within 30 calendar days of the end of the then-current term. Early
cancellation of the service by Cape Cod Web Service is permitted by
notifying the Customer and refunding the Customer for the unused term
portion after termination.
b. Option 2. Term of six (6) months shall begin on the date of
application. Customer pays for the six months of Services in one initial
prepay installment, such payment being nonrefundable, at Company's sole
discretion. Thereafter, renewal terms SIX MONTHS IN DURATION shall be
automatic unless one of the parties cancels IAW the BP within 30 calendar
days of the end of the then-current term. Early cancellation of the
service by Cape Cod Web Service is permitted by notifying the Customer and
refunding the Customer for the unused term portion after termination.
c. Option 3. Term of twelve (12) months shall begin on the date of
application. Customer must pay for the twelve months of Services in one
initial installment, such payment being nonrefundable, at Company's sole
discretion. Thereafter, renewal terms TWELVE MONTHS in DURATION shall be
automatic unless one of the parties cancels IAW the BP within 30 calendar
days of the end of the then-current term. Early cancellation of the
service by Cape Cod Web Service is permitted by notifying the Customer and
refunding the Customer for the unused term portion after termination.
d. Option 4. Term of twenty-four (24) months shall begin on the date of
application. Customer must pay for the twenty-four months of Services in
one initial installment, such payment being nonrefundable, at Company's
sole discretion. Thereafter, renewal terms TWENTY-FOUR MONTHS in DURATION
shall be automatic unless one of the parties cancels IAW the BP within 30
calendar days of the end of the term. Early cancellation of the service by
Cape Cod Web Service is permitted by notifying the Customer and refunding
the Customer for the unused term portion after termination.
e. Option 5. Term of twelve (12) months shall begin on the date of
application for Dedicate 3 plans. Customer pays for the twelve months of
Services in twelve monthly installments, each individual installment being
nonrefundable, at Company's sole discretion. Thereafter, renewal terms
TWELVE MONTHS IN DURATION shall be automatic unless one of the parties
cancels IAW the BP within 30 calendar days of the end of the then-current
term. Early cancellation of the service by Cape Cod Web Service is
permitted by notifying the Customer and refunding the Customer for the
unused term portion after termination.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound
hereby, and in consideration of the covenants and agreements contained
herein, do hereby execute this instrument, with each party warranting its
ability to enter into this Agreement for the person or entity herein named
as a party hereto. By filling out the online application/order form
directly, using a dial-up IP address captured and logged by Cape Cod Web
Service (or by placing a recorded telephonic order with an Cape Cod Web
Service representative from a valid telephone number which is logged by a
PBX system), and/or by clicking on "Accept" below, Customer agrees to all
the terms and conditions of this Agreement.
Copyright © 1996-2007, Cape Cod Web Service. All Rights Reserved.
CAPE COD WEB SERVICE DISCLAIMER
Cape Cod Web Service does not necessarily endorse, support, sanction,
encourage, verify or agree with the content, comments, opinions or
statements hosted by Cape Cod Web Service customers, banner exchange
participants, advertisers, vendors or partners. Information, products, and
services offered, sold or placed online belong to the respective companies
or individuals who place them there and are not representative of Cape Cod
Web Service. The user understands that Cape Cod Web Service is not
responsible for the content, quality or merchantability of any
information, product or service offered herein and the user must assume
full responsibility to evaluate independently the accuracy, completeness,
quality and usefulness of any information or other content.
Cape Cod Web Service hereby expressly disclaims any and all warranties,
expressed and implied, including but not limited to any warranties of
accuracy, reliability, merchantability or fitness for a particular purpose
by any vendor, customer, or associate offering information, products, and
services through Cape Cod Web Service's web site, linked to Cape Cod Web
Service's web site, or hosting with Cape Cod Web Service. The user agrees
that Cape Cod Web Service is not responsible, and shall have no liability
to such user, with respect to any information, product or service offered
by others who are linked to the Cape Cod Web Service web site or are
hosted on Cape Cod Web Service servers. Cape Cod Web Service shall not be
liable for any damages allegedly sustained from use of the information,
products and services. Cape Cod Web Service's only liability in the event
of errors shall be the correction or removal of the erroneous information
after verification.
Cape Cod Web Service does not guarantee connectivity to or from Customers
Server/web site. Conductivity is subject to hardware/internet and weather
and therefor is not guaranteed. Customer is responsible for a connection
to their Server/Web site.
Copyright © Cape Cod Web Service, Inc. 1996-2007
Website Copyright
Information and Notice
The Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512(c), limits
this company's liability for copyright infringement by Web content
residing on our servers.
Cape Cod Web Service shall in no way be liable for a customer who
implements the use of illegal copyrighted material on their website
residing on our servers. The Customer accepts full liability for the use
of copyrighted material and must have legal access to use copyrighted
material. Cape Cod Web Service upon written notification or complaint in
accordance with the DMCA, will remove the customers
website/server/FTP/data files/databases from our servers. Customer also
agrees that within ten days of a request from Cape Cod Web Service the
customer will provide Cape Cod Web Service with proof of legal copyright
use information for content on their website. All materials furnished to
Cape Cod Web Service for inclusion on a website or websites will be legal
with clear legal copyright license. Any item that does not have clear
legal copyright license shall not be furnished to Cape cod Web Service for
inclusion in a website. It is the customers sole responsibility to secure
legal copyright license.
This Agreement constitutes the entire agreement between User and Cape
Cod Web Service . Com with respect to the Service.
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