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RSCWEB Agreement for Data Storage and Transfer
(Please Print and Save a copy for your records)
The following agreement is between ARS Computing of Chesterfield, Virginia
and You ("Client")WHEREAS, ARS Computing is an information provider connected to the Internet. ARS
Computing offers web page design, storage and maintenance services over the Internet
through access to its Web Server and registered domain, RSCWEB.COM;WHEREAS, Client seeks to utilize ARS Computing's web space (RSCWEB) for its own
purposes;WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by
any one entity; therefore, ARS Computing can make no guarantee that any given user shall
be able to access ARS Computing's server at any given time.ARS Computing represents that it shall make every good faith effort to ensure that its server
space 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 one (1) year contract, beginning upon ARS Computing's receipt of
payment for the first one (1) year of service.2. First one (1) year payment plus setup charges, if any, shall be due in advance of service.
3. This agreement will automatically renew for successive six (6) month periods unless
canceled in writing 15 days prior to the renewal date. Renewal payment is due in advance
of renewal date. Renewal prices are subject to change. Renewal of services by Client
indicates agreement to any contract revisions.4. Web page size limits will be determined by ARS Computing. How much information
or material may be contained on a web page, including how many photos or images may
be used, will be determined by ARS Computing and is at ARS Computing’s discretion.
ARS Computing reserves the right to determine what is considered routine maintenance
to a site and what constitutes work calling for additional charges. No work determined
to be billable will be performed without the Client’s consent.5. Pro 1 Sites include 5 MB of disk space with 500 MB of monthly traffic (approx. 10,000
hits per month) for one and two page sites, and 10 MB of disk space with 1 GB of monthly
traffic (approx. 20,000 hits per month) for three and four page sites.
Premier Sites include 200 MB of disk space with 15 GB of monthly traffic (approx. 300,000
hits per month). Usage exceeding these amounts will be billed at $4.00 per 5 MB of disk space
and $5.00 per 100 MB of transfer (traffic).
II. Taxes:
ARS Computing shall not be liable for any taxes or other fees to be paid in accordance
with or related to purchases made from Client or through RSCWEB access. Client agrees to
take full responsibility for all taxes and fees of any nature associated with any products sold.
III. Material and Products:
ARS Computing will exercise no control whatsoever over the content of the information
passing through the network. ARS Computing makes no warranties or representations of
any kind, whether expressed or implied for the service it is providing. ARS Computing
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 ARS
Computing is at the Client's own risk, and ARS Computing specifically denies any
responsibility for the accuracy or quality of information obtained through its services.
ARS Computing can make no guarantees of available end to end bandwidth. ARS Computing
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. ARS Computing specifically
denies any responsibilities for any damages arising as a consequence of such unavailability.
IV. Trademarks & Copyrights:
Client warrants that it has the right to use any applicable trademarks or copyrighted
material used in connection with this service. Design and layout fees cover time and
labor only. Designs, artwork, images, photos, and the web pages themselves are
the property of ARS Computing.
V. Age:
The Customer certifies that he or she is at least 18 years of age.
VI. Standards & Conduct:
The network resources of ARS Computing may not be used to impersonate another person
or misrepresent authorization to act on behalf of others or ARS Computing . All messages
transmitted via ARS Computing 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. ARS Computing adheres to and enforces the policies of the
service provider it obtains storage from which includes, but is not limited to, the following;No pornographic, racially defaming, adult-oriented or sex sites permitted.
We do not allow bulk unsolicited e-mail (spam) to be sent from our servers. We also
do not allow you to reference a domain on our network in any unsolicited e-mail (spam)
regardless to where or how the e-mail was sent. We would be unable to provide adequate
customer service if we must handle spamming complaints. While we understand that
bulk-email can be sent responsibly, as long as the general Internet community views it as
an intrusion of privacy, we cannot allow it - period - no questions asked or exceptions.
One instance that proves your willing involvement will be sufficient grounds for immediate
account termination. In addition, due to processing of complaints there will be no refunds
for accounts terminated due to spamming or sending unsolicited bulk-email paid less than
six months in advance at any given time.
VII. Termination:
This Agreement may be terminated by either party, without cause, by giving the other party
30 days written notice. Notwithstanding the above, ARS Computing may terminate service
under this Agreement at any time, without penalty, if the Client fails to comply with the
terms of this Agreement, or fails to pay for renewal term in advance of renewal date.
VIII. Limited Liability:
1. Client expressly agrees that use of ARS Computing's Server is at Client's sole risk.
Neither ARS Computing, its employees, affiliates, agents, third party information providers,
merchants licensers or the like, warrant that ARS Computing's 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 ARS Computing Server
service, unless otherwise expressly stated in this Agreement.2. Under no circumstances, including negligence, shall ARS Computing, its offices, agents
or any one else involved in creating, producing or distributing ARS Computing'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 ARS Computing 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 ARS Computing's
records, programs or services. Client hereby acknowledges that this paragraph shall apply
to all content on ARS Computing'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.
IX. Lawful Purpose:
Client may only use ARS Computing'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. This also includes
links or any connection to such materials.
X. Indemnification:
Client agrees that it shall defend, indemnify, save and hold ARS Computing harmless from
any and all demands, liabilities, losses, costs and claims, including reasonable attorneys'
fees, ("Liabilities") asserted against ARS Computing, 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 ARS Computing against Liabilities
arising out of (i) any injury to person or property caused by any products sold or otherwise
distributed in connection with ARS Computing'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 ARS
Computing Server.
XI. Contract Revisions:
Revisions to this Contract will be applicable to previous Contracts. Revisions will be
considered agreed to by the Client on renewal of ARS Computing services as specified
in Section I. Financial Arrangements.
This Agreement constitutes the entire understanding of the parties. Any changes or
modifications to this Contract thereto are agreed to by the both parties upon renewal of
services.This Agreement shall be governed and construed in accordance with the laws of the
State of Virginia and of the Internet.
Copyright © 1999 RSCWEB
Copyright © 1999-2005 ARS Computing