NeGa.Net
Contract for Web Site Hosting
( April 2004)
The following agreement is by and between Northeast Georgia Network. ("NeGa.Net")
3975 Anderson Hwy, Hartwell, Georgia 30643 and Customer named below.
WHEREAS, NeGa.Net is an information provider connected to the Internet. NeGa.Net offers storage and transfer services over the Internet through access to its Web Server;
WHEREAS, Client seeks to utilize NeGa.Net's server for its own purposes;
WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, NeGa.Net can make no guarantee that any given reader shall be able to access NeGa.Net's server at any given time. NeGa.Net represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible;
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;
I. Financial Arrangements:
1. Client agrees to a three (3) month contract, beginning upon NeGa.Net's receipt by fax, mail,
or electronic mail. NeGa.Net will accept contracts by electronic mail, if you pay with a credit
card. Submission by electronic mail is consent to all terms herein.
2. First three (3) months payment plus hosting and setup charges, if any, shall be due upon receipt
of contract. Once an account has been set up, no refunds will be given, regardless of reason.
Account set up means set up on our server, and has nothing to do with the status of the Internic
registration if applicable
3. This agreement will automatically renew for successive three (3) month periods unless canceled
in writing 30 days prior to the quarterly renewal date. Client will receive an invoice for charges and
payment is due upon receipt. Renewal prices are subject to change.
II. Taxes:
NeGa.Net
shall not be liable for any taxes or other fees to be paid in accordance with or related
to purchases made from Client or NeGa.Net's server. Client agrees to take full responsibility for
all taxes and fees of any nature associated with such products sold.
III. Material and Products:
1. Client will provide NeGa.Net with material and data in a condition that is "server-ready",
which is in a form requiring no additional manipulation on the part of NeGa.Net
. NeGa.Net shall make no effort to validate this information for content, correctness or usability
2. NeGa.Net will exercise no control whatsoever over the content of the information passing
through the network. NeGa.Net makes no warranties or representations of any kind, whether
expressed or implied for the service it is providing. NeGa.Net
also disclaims any warranty of
merchant-ability or fitness for particular purpose and will not be responsible for any damages that
may be suffered by the Client, including loss of data resulting from delays, non-deliveries or service
interruptions by any cause or errors or omissions of the Client. Use of any information obtained by
way of NeGa.Net is at the Client's own risk, and
NeGa.Net specifically denies any
responsibility for the accuracy or quality of information obtained through its services. Connection
speed represents the speed of a connection to and do not represent guarantees of available end to
end bandwidth. NeGa.Net expressly limits its damages to the Client for any non-accessibility
time or other down time to the pro-rata monthly charge during the system unavailability.
NeGa.Net specifically denies any responsibilities for any damages arising as a consequence of
such unavailability. In the event that this material is not "Server-ready",
NeGa.Net may, at its
option and at any time, reject this material, including but not limited to after it has been put on
NeGa.Net 's Server.
NeGa.Net agrees to notify Client immediately of its refusal of the
material and afford Client the opportunity to amend or modify the material to satisfy the needs
and/or requirements of NeGa.Net . If the Client fails to modify the material, as directed by
NeGa.Net , within a reasonable period of time, which shall be determined between the parties
themselves, the Agreement shall be deemed to be terminated.
IV. Trademarks & Copyrights:
Client warrants that it has the right to use the applicable trademarks, if any, and grants
NeGa.Net the right to use such trademarks in connection with
NeGa.Net 's Server service.
V. Hardware, Equipment & Software:
The customer is responsible for and must provide all telephone, computer, hardware and software
equipment and services necessary to access NeGa.Net
. NeGa.Net makes no
representations, warranties or assurances that the Customer's equipment will be compatible with
the NeGa.Net service.
VI. Age:
The Customer certifies that he or she is at least 18 years of age.
VII. Internet Etiquette:
Electronic forums such as mail distribution lists and Use Net news groups all have expectations
regarding subject area and appropriate etiquette for posting. Users of these forums should be
considerate of the expectations and sensitivities of others on the network when posting material for
electronic distribution. The network resources of NeGa.Net
may not be used to impersonate
another person or misrepresent authorization to act on behalf of others or NeGa.Net
. All
messages transmitted via NeGa.Net should correctly identify the sender; users may not alter the
attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the
security or integrity of computing systems or networks and must not attempt to gain unauthorized
access.
VIII. Termination:
This Agreement may be terminated by either party, without cause, by giving the other party 30 days
written notice Notwithstanding the above, NeGa.Net
may terminate service under this
Agreement at any time, without penalty, if the Client fails to comply with the terms of this
Agreement.
IX. Limited Liability:
1. Client expressly agrees that use of NeGa.Net
's Server is at Client's sole risk. Neither NeGa.Net, its employees, vendors, affiliates, agents, third party information providers,
merchants licensers or the like, warrant that NeGa.Net's Server service will not be interrupted
or error free; nor do they make any warranty as to the results that may be obtained from the use of
the Server service or as to the accuracy, reliability or content of any information service or
merchandise contained in or provided through the NeGa.Net
Server service, unless otherwise
expressly stated in this Agreement.
2. Under no circumstances, including negligence, shall NeGa.Net, its offices, agents or any one
else involved in creating, producing or distributing NeGa.Net's Server service be liable for any
direct, indirect, incidental, special or consequential damages that result from the use of or inability to
use the NeGa.Net Server service; or that results from mistakes, omissions, interruptions,
deletion of files, errors, defects, delays in operation, or transmission or any failure of performance,
whether or not limited to acts of God, communication failure, theft, destruction or unauthorized
access to NeGa.Net's records, programs or services. Client hereby acknowledges that this
paragraph shall apply to all content on NeGa.Net's Server service.
3. Notwithstanding the above, Client's exclusive remedies for all damages, losses and causes of
actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate
dollar amount which Client paid during the term of this Agreement and any reasonable attorney's
fee and court costs.
X. Lawful Purpose:
Client may only use NeGa.Net's Server for lawful purpose. Transmission of any material in
violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to
copyrighted material, material legally judged to be threatening or obscene, pornographic, profane,
or material protected by trade secrets NeGa.Net
strongly encourages you to choose carefully
what you place on the server for distribution over the internet. What you may not consider to be
pornographic may be ruled as such in another jurisdiction NeGa.Net
reserves the right to
remove any material that it deems to be obscene, pornographic, etc. We will not host any site that
has sexually oriented materials.
XI. Identification:
Client agrees that it shall defend, imdenify, save and hold NeGa.Net
harmless from any and all
demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities")
asserted against NeGa.Net, its agents, its customers, servants officers and employees, that may
arise or result from any service provided or performed or agreed to be performed or any product
sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold
harmless NeGa.Net against Liabilities arising out of (i) any injury to person or property caused
by any products sold or otherwise distributed in connection with NeGa.Net's Server; (ii) any
material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party;
(iii) copyright infringement and (iv) any defective product which Client sold on
NeGa.Net Server
.XII.This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties. This Agreement shall be governed and construed in accordance with the laws of the State of Georgia.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date indicated below.:
Client Name & Date__________________________________________________
NeGa.Net
Price Sheet and Terms
Plan Desired / Cost
[ ] Plan 1
First 3 months fees $59.85
Hosting one-time fee (Plan 1 ) $79.95
Total Amount Due .....$139.80
[ ] Plan 2
First 3 months fees $119.85
Hosting one-time fee (Plan 2 ) $100.00
(This does not include the Internic Fee, payment is due to Internic directly)
Total Amount Due .....$219.85
[ ] Plan 3
First 3 months fees $179.85
Hosting one-time fee (Plan 2 ) $150.00
(This does not include the Internic Fee, payment is due to Internic directly)
Total Amount Due .....$312.85
(The information below must be filled-out)
Name:___________________________________________
Company: ________________________________________
Street/Apt.________________________________________
City ______________________State _______ Zip ________
Signature: _________________________________________
Daytime Ph#________________
[ ] Enclosed is a check or Money Order payable to: NeGa.Net.
or Charge my [ ] Visa or [ ] MasterCard.
Name: ____________________________________________
(as it appears on card)
Company: __________________________________________
Street/Apt.: _________________________________________
(Billing address on card.)
City: _________________________State ______ Zip ________
Signature ___________________________________________
Daytime Ph#________________CARD # _________________
Expires _____/______
Information for your account name:
Plan 1
Existing E-Mail account: _________________________________
(if none, then please include phone & name to contact when set-up.)
Desired Directory Name ____________Password _____________
Plan 2
Desired Domain Name ____________________ (.com / .net / .org / .edu)
Desired Password: ______________________Your included e-mail account will be
YourUserName@YourDomain.com If you desire an additional mailboxs, please contact
us as 10 are part of the original contract. We will help you obtain the WWW.name
you want and process the original registration. Renewal will be the client's
responsibility. NeGa.Net Will oversee all Domain
Registration forms to ensure they are Correct. NeGa.Net is not responsible for monitoring,
maintaining, or payment of your Domain Name with Internic in any manner.
Plan 3
Desired Domain Name ____________________ (.com / .net / .org / .edu)
Desired Password: ______________________Your included e-mail account will be
YourUserName@YourDomain.com If you desire an additional mailboxs, please contact
us as 20 are part of the original contract. We will help you obtain the WWW.name
you want and process the original registration. Renewal will be the client's
responsibility. NeGa.Net Will oversee all Domain
Registration forms to ensure they are Correct. NeGa.Net is not responsible for monitoring,
maintaining, or payment of your Domain Name with Internic in any manner.
Northeast Georgia Network
3975 Anderson Hwy
Hartwell, GA 30643
Phone : 706-377-4507
E-Mail: webmaster@NeGa.Net
It is only necessary to Fax pages with writing. Please Mail a signed/completed copy of this contract. Processing of your request cannot begin until payment is received with a copy of this contract.