STANDARD WEB PAGE AGREEMENT
This Agreement is entered into as of
the date of its electronic submission by the Client and its acceptance by LRAweb,
a division of LR Associates, Inc. (the Company).
The Company creates and arranges for the hosting of
computer Web sites, The Client would like to contract with the Company to create
and make arrangements for the hosting of a web page for the Client.
Therefore, the Client and the Company agree as follows:
- First Billing. - Upon submission of this request,
the Client's Credit Card will be billed for the first month of hosting
service in the sum of $35.00. Additionally, the Company will secure the
Client's agreed upon domain name. This charge is not refundable.
- Start of Web Page Creation. - After receiving all
site content information from the Client (text, bulleted list items, photos
or logos, and color preferences), a web page start build date will be
scheduled.
- Web Page Approval. - The Client will be notified via
e-mail by the Company when the Client's web site is ready for review. The
Client will have five (5) business days to suggest changes.
- Search Engine Submission. - After the five (5)
business-day waiting period (Step 3) the Client's web site will be submitted
to over 300,000 directories and classified services as well as the major
search engines.
- Billing for Web Site Development. - After the
client's web site has been submitted to the search engines (Step 4) the
Client's Credit Card will be invoiced for the agreed upon Web Site
Development and Set Up Fees. This charge is not refundable.
- Start of Monthly Billing Cycle. - Monthly credit
card charges for hosting services will start approximately thirty (30) days
after the Client has been notified by the Company that the Client's web page
is ready for review (Step 3). The Client will receive notification via
e-mail approximately fifteen (15) days prior to applying charges to the
Client's credit card. It is the Client's responsibility to insure the
Company has the Client's correct e-mail address.
- Term. - This Agreement shall have an initial term of
one year. At the end of the initial term this Agreement shall automatically
renew for another year unless the Client notifies the Company of the
Client's intent to cancel in writing at the following address: 342 Boyne Street
, New Hudson
, MI
48165-9780
. The Company must receive
notification of the Client's intent to cancel by the tenth (10) month of
service. Otherwise, the Client shall be liable for the costs of renewal for
another one-year term.
- Limitations of Service. - Although the service
provided is among the most reliable in the industry, the Company cannot
guarantee that the Client or any third parties will be able to access the
Client Web site at any particular time.
- Changes in Fees. - It is the Company's intent to
charge competitive fees for its services as described in this Agreement.
However, the Company may change any of its fees under this Agreement by
giving Client thirty (30) days' prior notice of any such changes.
- Client's Responsibilities.
- In General. In addition to Client's obligations
otherwise specified in this Agreement, Client shall be solely
responsible for:
- The accuracy and content of any information
provided by Client to the Company;
- Any information and programs that Client receives
as a result of using the Web site services, including without
limitation the entire responsibility for any losses of data,
programs, breaches of security, viruses, and disabling or harmful
devices that Client may download or otherwise experience as a result
of Client's use of the Web site services; and
- Use of the Web site services in a manner consistent
with any and all applicable laws and regulations.
- Prohibition Against Spam. Client agrees not to
send spam or receive replies to spam. Client is prohibited from using
the Company's network to transmit any spam messages or to receive any
replies from spam. Client agrees not to link to any part of the Company
network, either directly or indirectly (including Client's Web site) any
spam message Client may send from any source, and Client agrees to not
send any spam from any source that contains any e-mail or network
address that is part of the Company's network. For purposes of this
Agreement, "spam" means Internet messages sent to a large
number of people similar to "junk mail."
- Warranties and Limitations on Damages.
Client agrees that the Web site services are provided
"AS-IS" and on an "AS-AVAILABLE" basis.
THE COMPANY DISCLAIMS ANY AND ALL
WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
ANY WARRANTY THAT THE SERVICE OR NETWORK TRANSPORT WILL BE UNINTERRUPTED OR
ERROR-FREE. IN NO EVENT SHALL THE COMPANY OR ANY OTHER PARTY INVOLVED IN
PROVIDING SERVICES UNDER THIS AGREEMENT BE LIABLE TO CLIENT OR ANY THIRD
PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL PUNITIVE OR
INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOSS OR
DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE, OR INABILITY TO USE THE
SERVICES, WHETHER ARISING IN CONTRACT OR IN TORT, OR RESULTING FROM THE
FAULT OR NEGLIGENCE OF THE COMPANY.
THE COMPANY MAKES NO WARRANTY REGARDING ANY
TRANSACTIONS EXECUTED THROUGH THE CLIENT WEB SITE, AND CLIENT UNDERSTANDS
AND AGREES THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT CLIENT'S OWN
RISK.
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