TERM
This Agreement between the parties shall remain in effect
between the parties unless otherwise canceled or modified by either party in accordance
with the terms and conditions set forth herein and in Schedule
A attached hereto and made a part hereof.
INVOICING
NerdWorldNJ. shall invoice CUSTOMER for services rendered
in accordance with the terms and conditions set forth both herein and in Schedule A
attached hereto.
CPU USAGE
CUSTOMER agrees that it shall not use excessive amounts of
CPU processing on any of NerdWorldNJ.'S servers. Any violation of this policy may result
in CUSTOMER'S immediate termination at the sole discretion of NerdWorldNJ. without prior
notice. In the event that NerdWorldNJ. elects to terminate CUSTOMER on this basis,
CUSTOMER shall be entitled to a refund as set forth herein.
BAND WIDTH USAGE
CUSTOMER agrees that BAND WIDTH usage shall not exceed the
number of megabytes per month as set forth in Schedule "A" attached hereto. This
usage shall be monitored by NerdWorldNJ. and shall be measured on the HTTP port. Any BAND
WIDTH usage in excess of the agreed upon number of megabytes per month may result in the
immediate termination of CUSTOMER at the sole discretion of NerdWorldNJ. without prior
notice. In the event that NerdWorldNJ. elects to terminate this Agreement, pursuant to
this provision, CUSTOMER shall not be entitled to a refund.
BULK E-MAIL AND SPAMMING
It shall not be permissible for CUSTOMER to engage in any
bulk E- mailing or use of mail servers or mail relays (commonly referred to as
"SPAMMING"). In the event that CUSTOMER engages in such activity, NerdWorldNJ.
may elect to immediately terminate CUSTOMER at its sole discretion without prior notice to
CUSTOMER. In the event that NerdWorldNJ. terminates CUSTOMER pursuant to this provision,
CUSTOMER shall not be entitled to a refund. Forwarding 100 unsolicited pieces of mail
within a 24 hour period shall be considered "spamming". CUSTOMER shall be liable
to NerdWorldNJ. for any and all damages caused as a result of CUSTOMER'S failure to comply
with this provision.
TERMINATION
Either party may terminate this Agreement without cause
upon 30 days written notice to the other party. E-Mail shall be deemed adequate notice by
either party. Nothing in this paragraph however shall limit NerdWorldNJ.'S right to
terminate CUSTOMER immediately and without prior notice for improper use and violations as
set forth herein.
In the event that NerdWorldNJ. elects to terminate CUSTOMER
as a result of its improper acts and breach of the terms and conditions contained herein,
CUSTOMER shall not be entitled to a refund of the balance. IN NO EVENT SHALL CUSTOMER BE
ENTITLED TO A REFUND OF THE SET UP FEE.
In the event CUSTOMER elects to terminate this Agreement,
same shall be considered a breach and CUSTOMER shall not be entitled to any refund.
In the event that NerdWorldNJ. elects to terminate CUSTOMER
without cause, CUSTOMER shall receive a full refund of any balance. However, if CUSTOMER
terminates this Agreement without cause, and in accordance with the notice provision set
forth herein, there shall be NO REFUND of the Set Up Fee or any remaining balance.
LIABILITY
CUSTOMER agrees that NerdWorldNJ. shall have no liability
for the services, data or information provided to the public on the Internet including but
not limited to any liability for consequential, indirect, special or incidental damages,
regardless of the success or effectiveness of other remedies.
CUSTOMER further agrees that NerdWorldNJ. shall not be
liable for any damages or losses sustained by CUSTOMER for business or other activities
conducted on the Internet including but not limited to consequential, indirect, special or
incidental damages.
CUSTOMER agrees that it shall not hold NerdWorldNJ. liable
for any loss of business, lost opportunity, consequential, indirect, special or incidental
damages as a result of any interruption in service.
IN NO EVENT SHALL NerdWorldNJ.'S LIABILITY EXCEED THE TOTAL
VALUE PAID TO NerdWorldNJ. BY CUSTOMER.
REPRESENTATION AND/OR WARRANTIES
NerdWorldNJ. makes no representations and cannot guarantee
that CUSTOMER'S domain name does not infringe upon any trademarks, trade names, service
marks or other proprietary rights owned by a third party. CUSTOMER shall not hold
NerdWorldNJ. liable for any damages, injuries or losses incurred by CUSTOMER as a result
of any action instituted by a third party.
SECURITY
CUSTOMER understands that the Internet and other various
networking communications are not secure, unless explicitly specified as such.
NerdWorldNJ. MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. IN NO EVENT SHALL
NerdWorldNJ. BE LIABLE FOR ANY DAMAGES OR LOSSES, EITHER CONSEQUENTIAL, INDIRECT, SPECIAL
OR INCIDENTAL INCURRED BY CUSTOMER. IN NO EVENT SHALL NerdWorldNJ.'S LIABILITY EXCEED THE
TOTAL COST OF THIS CONTRACT BETWEEN NerdWorldNJ. AND CUSTOMER.
APPLICABLE LAWS
CUSTOMER will ensure that its use of the Internet and any
service provided by NerdWorldNJ. to it complies with all applicable federal, state and
local laws and regulations, including but not limited to all laws pertaining to copyright,
trademark, proprietary information, intellectual property rights, defamation, tortious
interference with business, invasion of privacy, and pornography*. In the event that
CUSTOMER violates this provision, NerdWorldNJ. shall have the right to consider same a
breach of this Agreement by CUSTOMER which shall entitle NerdWorldNJ. to terminate
CUSTOMER immediately without prior notice.
* It shall be within the sole discretion of NerdWorldNJ. to
deem material as pornographic or inappropriate.
INTEGRITY OF INFORMATION
CUSTOMER is solely responsible for validating the integrity
of the information and data it receives or transmits over the Internet.
ACCOUNT SECURITY
CUSTOMER shall be solely responsible for protecting the
security of its Internet account and usage. CUSTOMER'S password shall be considered
private information and shall not be disseminated or in any other manner disclosed and/or
transferred to third parties. NerdWorldNJ. shall not be liable for any breach of security
caused by CUSTOMER or third parties. IN NO EVENT SHALL NerdWorldNJ.'S LIABILITY EXCEED THE
TOTAL COST OF THIS CONTRACT BETWEEN NerdWorldNJ. AND CUSTOMER.
NerdWorldNJ. will use its best efforts to maintain the
integrity and security of CUSTOMER'S password.
RESALE OF WEB SPACE
CUSTOMER may resell web space within their own account.
CUSTOMER, however, shall remain solely responsible for the entire domain site content. The
same Terms of Service Agreement shall govern any domain site resold within
an account.
DOMAIN NAME OWNERSHIP
CUSTOMER shall be responsible for all costs and fees
associated with its domain name including, but not limited to all costs and fees for
moving same. CUSTOMER shall make payment directly to the issuer. Under no circumstances
shall NerdWorldNJ. be responsible for this cost. .
LEGAL ACTION
CUSTOMER agrees to indemnify and hold NerdWorldNJ. harmless
in any legal action which arises as a result of CUSTOMER'S use of NerdWorldNJ. services,
without limitation or exception including, but not limited to any action brought against
CUSTOMER by a third party.
JURISDICTION AND GOVERNING LAW
This Agreement shall be governed by the laws of the State
of New Jersey and jurisdiction shall lie within the State of New Jersey. CUSTOMER HEREBY
CONSENTS TO SUBMIT TO THE JURISDICTION OF THE STATE OF NEW JERSEY.
HEADINGS
Headings in this Agreement are for convenience only and
shall not be used to interpret or construe these provisions.
MODIFICATION
The terms and conditions of this Agreement may be modified
at the discretion of NerdWorldNJ. with 30 days notice to CUSTOMER.
ENTIRE AGREEMENT
This Agreement supersedes all Agreements previously made
between the parties pertaining to the subject matter of this Agreement. There are no other
understandings or Agreements.
Failure to properly notify NerdWorldNJ. via e-mail,
telephone or regular mail of your disagreement with the above terms and conditions will
constitute CUSTOMER'S acceptance of same.
RENEWAL
If not canceled by CUSTOMER, this Agreement will
automatically self-renew after a twelve (12) month period for an additional twelve (12)
month period.
CUSTOMER'S failure to properly notify NerdWorldNJ. of its
objections to any of the terms and conditions set forth herein shall constitute CUSTOMER'S
acceptance of same.
This Agreement shall automatically renew itself for an
additional twelve month period unless otherwise canceled or terminated by either party in
accordance with the notice provision set forth herein.
In the event this Agreement is automatically renewed,
CUSTOMER agrees to be bound by the Terms and Conditions currently in effect. NerdWorldNJ.
current Terms and Conditions may be viewed www.nerdworldnj.com