QuickServe® - Service Contract
Attention New Customers -- If you wish to sign up for a QuickServe® dedicated server, please read and agree to the electronic version of this contract in our sign up system. You do not have to print and fax back this contract.
pair Networks is a Web Presence Provider. QuickServe® is a service provided by pair Networks
whereby dedicated Internet servers can
be used with pair Networks
services.
The use of such servers is
subject to compliance with the terms and conditions set forth herein.
1. PARTIES
The Agreement made as of _________________________, by and between
pair Networks,
with its principal place of business at 2403 Sidney St Suite 210, Pittsburgh,
Pennsylvania 15203, USA, and _________________________ (hereinafter
"Customer") of _________________________ (address), for the use
of a dedicated server from pair Networks
and
certain administration and servicing thereof.
2. SERVICES PROVIDED
pair Networks
agrees to provide the use of a server to Customer, for the exclusive use
of Customer, excepting normal system administration as required by pair
Networks
in order to maintain security and stability, at the price agreed upon
before the initiation of service. pair Networks
will administer and service said server in accordance with the terms
contained herein. Published fees include initial setup and installation
services as determined by pair Networks.
3. TERM
There is no minimum term and new QuickServe® accounts enjoy a 30 day 100% money back satisfaction guarantee. If a new
Customer is dissatisfied with the service for any reason, and cancels in writing or by e-mail within 30
days, pair will refund 100% of the fees payments received on the new account. Refund is subject to confirmation of
valid credit card or other payment.
4. ADMINISTRATIVE ACCESS
Administrative access or "root" access to the server is
limited to pair Networks
employees and its authorized
agents. pair Networks
reserves
the right to require, at their discretion, software and/or hardware
upgrades for the purposes of maintaining security and stability of the
services provided.
The cost of such upgrades shall be set by pair Networks
and paid by the customer.
5. NETWORK DATA TRANSFER CHARGES
There shall be no charge for monthly aggregate or daily average network
transfer within the allowance of the server package purchased, depending
on the terms agreed upon at purchase, as measured during any calendar month.
Monthly aggregate or daily average network traffic in excess
of the pre-arranged allowance
shall incur an additional monthly fee as set by
pair Networks.
Payment of this fee will be required in order to maintain service.
Network traffic shall be measured by pair Networks
and may include all forms of traffic to and from the server, at the
sole discretion of pair Networks.
All fees shall be set and adjusted by pair Networks
from time to time and posted at the QuickServe® web site at
http://www.quickserve.com/.
6. HARDWARE AND SOFTWARE CONFIGURATIONS
All dedicated servers must use hardware and software configurations that
conform with pair Networks
requirements. Use of any
particular hardware or software configuration may be declined at the
sole discretion of pair Networks.
7. USER CONDUCT
pair Networks
services and servers may only be used for
lawful purposes. Any use
which violates any local, state, federal, or international laws which may
apply to pair Networks,
Customer's local jurisdiction, or
any jurisdiction that Customer or Customer's site may be subject to is
strictly prohibited.
While using a dedicated server
from pair Networks,
Customer may not:
- Restrict or inhibit any other user from using and enjoying the
Internet;
- Post or transmit any unlawful, threatening, abusive, libelous,
defamatory, obscene, offensive, indecent, 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, federal or international law,
including without limitation the U.S. export control laws and regulations,
and laws protecting intellectual property including copyright, trademark,
trade secret, misappropriation and anti-dilution laws;
- Post, publish, transmit, reproduce or distribute any information
or software which contains a virus 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);
8. INDEMNIFICATION
Customer agrees to indemnify, defend, and hold harmless
pair Networks
from any and all liability, penalties, losses, damages, costs, expenses,
attorneys' fees, causes of action or claims caused by or resulting
indirectly from Customer's use of the service or servers which damages
Customer, pair Networks,
or any other party or parties
without limitation or
exception. This indemnification and hold harmless agreement extends to all
issues associated with Customer's service or servers,
including but not limited to domain name selection and Web site content.
9. TERMINATION
After the initial 30 day period has passed, Customer may still terminate the service at any time upon written or email
notice to pair - any unearned portion of Customer's prepayment, if any, shall be refunded. Subject to the following
provision for termination of services by pair for cause, pair will not terminate this agreement except with no less than
90 days' notice to Customer.
pair Networks reserves
the right to terminate this contract without notice at the sole discretion
of pair Networks
for the violation of any terms and conditions of this contract.
pair Networks
may deny Customer access to a server
without notice if Customer engages in any conduct or activities that
pair Networks
in its sole
discretion believes to be in violation of any of the terms and conditions
of this agreement.
pair Networks
shall have no responsibility to
notify any third-party
providers of services, merchandise, or information, nor any responsibility
for any consequences resulting from such discontinuance or lack of
notification. Customer agrees that pair Networks
has the right to monitor the servers
electronically from time to time and to disclose any information as
necessary under the law, or to protect itself from claims by a third party
or parties. pair Networks
reserves the right to remove
or remove access to
any information or materials, in whole or in part, that, in its sole
discretion, are unacceptable, offensive, or in violation of this agreement.
10. RETURN OF SERVER
Upon termination of this contract, all servers shall remain the
property of pair Networks
and are not subject to customer
demands.
11. NO WARRANTIES
pair Networks
makes no warranties or representations of any
kind for the services
being offered. 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, or implied warranties of merchantability or fitness for a
particular purpose. No advice or information given by
pair Networks
or its agents or employees shall create a warranty.
pair Networks
provides no warranty that the
service will be uninterrupted or error free or that any information,
software or other material accessible on the service is free from viruses
or other harmful components. Under no circumstances shall
pair Networks
be liable for
any direct, indirect, special, punitive, or consequential damages that
result in any way from Customer's
use of or inability to use the service, or for
third parties' use of the service to access Customer's Web content, or to
access the Internet or any part thereof, or Customer's or any third parties'
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, or any
failure of performance. If Customer is dissatisfied with
pair Networks' service or any of
its terms, conditions, rules, policies, guidelines, or practices,
Customer's sole and exclusive remedy is to discontinue using the service.
Customer understands that by placing information on a dedicated server
from pair Networks
that such
information becomes available to all Internet users and that
pair Networks
does not limit or restrict access
to such information, nor protect any such information from copyright
infringement or other wrongful activity. Customer assumes full
responsibility and risk for their use of the dedicated server. It is the
Customer's sole responsibility to evaluate the accuracy, completeness and
usefulness of all opinions, advice, services, and other information, and
the quality and merchantability of all merchandise, provided through
pair Networks
or on the Internet generally.
12. NO RESALE
The server shall be made available to only one individual,
organization, or business as named herein. The Customer may not include
material, sublease, share, or resell space on the server with
or to any other individual, organization, or business, without the express
prior written approval of pair Networks.
One account on the server will be provided to the Customer for their use
in publishing Web site(s), as well as related services.
Access to the server may not be shared with any third-party.
13. ECPA NOTICE
pair Networks
reserves the right to monitor any and all
communications through or with
our facilities. Customer agrees that pair Networks
is not
considered a "secure communications medium" for the purposes of
the ECPA and that no expectation of privacy is afforded.
14. IDENTIFICATION INFORMATION
Customer agrees that as the person legally responsible for use of this
server and services, they are at least 18 years of age. Customer agrees
to supply pair Networks
with a current and truthful full
name, postal address, and telephone number for their records, and has a
continued obligation to keep this information current.
15. NO INTERFERENCE WITH OPERATION OF SYSTEM
Customer agrees not to maliciously or intentionally interfere with the
proper operation of the server and network,
including but not limited to defeating
identification procedures, obtaining access beyond that which Customer is
authorized for, and impairing the availability, reliability, or quality of
service for other customers. Customer further agrees
not to interfere with the
proper operation of other systems reachable through the Internet, including
any attempt at unauthorized access. Customer agrees
to follow the Acceptable Use
Policy of any network or service to which Customer connects.
Customer agrees to adhere to system policies as published online by
pair Networks,
including
restrictions on services available, restrictions on
certain features, and all other policies designed to protect and enhance
the quality and reliability of service at pair Networks.
Customer agrees to abide by any
and all future policy decisions by pair Networks.
16. SECURITY
Customer agrees that the security of the server and all services is solely
Customer's responsibility.
Customer further agrees that if the security of Customer's server
has been compromised in any way,
Customer will notify pair Networks
immediately in writing as set forth in Section 23 herein.
Customer shall be held fully responsible for any misuse or compromise of
Customer's server for which pair Networks
is not properly
notified. Customer agrees that if any
security violations are believed to have occurred in association with
Customer's server,
pair Networks
has the right to suspend access to the server
pending an investigation and resolution. Customer also agrees that
pair Networks
has the right to
cooperate in any government or legal investigation regarding any aspect of
our services, including any servers used by Customer.
Any use of pair Networks' system to
engage in software piracy or other violations of law will result in service
suspension and be immediately reported to the appropriate authorities.
17. BACKUP OF DATA
Customers' use of the service and server is at Customer's
sole risk. pair Networks
is not responsible for
files and data residing on Customer's server.
Customer agrees to take full
responsibility for files and data transferred and to maintain all
appropriate backup of files and data stored on server.
The backup service as provided by pair Networks
is intended
only to assist in recovery from a system failure,
but its suitability for that purpose is not guaranteed.
18. TRANSMITTAL OF MATERIALS
Customer agrees
not to transmit unsolicited or prohibited advertising or other
harassing or illegal materials through electronic mail, Usenet postings,
or other Internet media. The use of pair Networks
or any
other service with
reference to services obtained through pair Networks,
for unsolicited mass mailings,
postings, or other activities considered an annoyance to others, commonly
referred to as "spamming", is strictly prohibited and may cause
Customer's services
to be terminated immediately and without warning, and Customer will
be held fully responsible for any damages to Customer,
pair Networks,
or any other party or parties resulting from any such conduct.
19. PAYMENT
Customer agrees to supply appropriate payment for the services received
from pair Networks, in advance of the time period during
which such services and use
of server are provided. Customer agrees that all setup and
installation fees are non-refundable once setup is completed.
Customer agrees to all fee schedules as determined by
pair Networks,
included but not limited to fees for upgrades
and downgrades, or charges for excessive data transfer as
indicated in Section 5 above.
pair Networks agrees
that, once the initial 90 days have been paid,
pro-rated refunds for prepaid but unused time periods
beyond 90 days will be provided upon
request, in the event of service termination, except as set forth in
Section 18 above, at pair Networks' sole discretion.
If at any time Customer
breaches any part of this contract, Customer will be responsible for and
will pay any and all of pair Networks' reasonable
collections, attorney and court fees
and costs incurred by pair Networks
in enforcing this agreement.
20. PRIOR AGREEMENTS
This agreement supersedes any written, electronic, or oral communication
Customer may have had with pair Networks
or any agent or
representative thereof, and
constitutes the complete and total agreement between the parties.
21. SEVERABILITY
If any provision of this agreement is determined to be invalid or
unenforceable, all other provisions shall remain in full force and effect
and said provision shall be reformed only to the extent necessary to make
it enforceable.
22. JURISDICTION
This agreement shall be governed by the laws of the State of Pennsylvania.
The Customer consents and
agrees to the exclusive subject matter and personal jurisdiction of the
Court of Common Pleas of Allegheny County, Pennsylvania and the United
States District Court for the Western District of Pennsylvania for any and
all disputes arising from this Agreement or performance of the duties
hereunder. Customer further consents to service of legal process by e-mail
(or at the discretion of pair Networks
ordinary mail postage prepaid) to
the last known e-mail or street address provided by Customer. It shall be
Customer's duty to notify pair Networks
promptly of any change in e-mail or street address.
23. NOTICE
Any notice or other communication required herein, shall be in writing and
shall be deemed to have been given only when sent by registered or
certified mail, return receipt request, addressed to the parties at the
name and address indicated below their signatures herein, as amended by
updated information as required by Section 14 herein.
24. ACKNOWLEDGEMENT
By continuing to maintain any services with pair Networks,
Customer is
stating and acknowledging that Customer has read the aforementioned terms
and conditions and that Customer understands such terms and conditions
and agrees to be bound by them.
IN WITNESS WHEREOF, the parties have hereunder set their hands and seals
as of the date first written.
DATED: _________________________
pair Networks, Inc.
By: _________________________
Name and Title: _________________________
pair Networks, Inc.
Attn: QuickServe® Department
2403 Sidney St, Suite 210
Pittsburgh, Pennsylvania 15203
Customer
By: _________________________
Name and Title: _________________________
Address: