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1. Description of Services
a) Karlsnet.com is a web presence provider allowing Client's web site to be accessed via Client's directory name (i.e www.karlsnet.com/theirname) by anyone with access to a web browser connected to the Internet. Karlsnet.com provides the disk space in which the files composing Client's web site reside and a connection capable of transmitting said files to End User. Said services are often referred to as "Web Hosting."
2. Payment
a) Client authorizes
Karlsnet.com to charge each month in the amount equal to the specified monthly fee. Client agrees to send payment for services by check or money order to:
Matt Karls
The day of the first quarter in billing cycle shall be the day on which Client's service commences.
2940 E Broadway Rd #114
Mesa, AZ 85204-1752
b) Client authorizes all charges or debits associated with the provision of any additional services Client requests.
c) If Client arranged a different payment method, Client agrees to render payment to Karlsnet.com each year in the amount equal to twelve times the specified monthly fee plus any fees associated with the provision of additional services Client requests.
d) Karlsnet.com reservesthe right to refuse any requests for refunds and makes no "money back" guarantee. If such a request is granted, Karlsnet.com may withhold a portion of the amount charged in order to recover the costs of issuing said refund.
3. Content Restrictions
a) All services providedby Karlsnet.com may be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any United States federal, state, or local law is strictly prohibited. This includes but is not limited to copyrighted or trademarked material and material protected by trade secret.
b) Karlsnet.com customers are privileged to be offered unlimited traffic for their web sites. Any customer who violates Karlsnet.com's Policies in abusing site transfer will be notified and given 2 days to remedy the problem. If the problemis not resolved within the allotted 2 day period, the client will be notified immediately.
To maintain the integrity of our service the following limitations apply:
c) Pornography, nudity, and sex related merchandising are prohibited. This includes sites that may infer sexual content; links to such adult content else where are also prohibited.
d) Sites that promoteany illegal activity, such as Warez sites, are strictly prohibited; links to such materials are also prohibited. Actual files, including but not limited to pirated software, hacker programs, cracks, and MP3 files, are strictly prohibited from being stored on Karlsnet.com's servers.
e) Examples of unacceptable content include the following:
4. CGI Application Restrictions
a) The Client is allowed to freely install CGI applications; however, Karlsnet.com reserves the right to disable any application that unreasonably effects or interferes with normal server operations. Said situation is highly unlikely.
b) Chat rooms of anykind are prohibited due to their adverse affect on system resources. Karlsnet.com reserves the right to remove any such chatroom.
c) Repeated violators of the above provisions shall have all CGI privileges revoked.
5. Spam Policy
a) Karlsnet.com servers may not be the source, intermediary, or destination address involved in the transmission of Spam, flames, or mail bombs. Client's domain or IP may not be referenced as originator, intermediary, or reply-to addressin any of the above.
b) Karlsnet.com considers Spam to be any mass unsolicited message in the mediums of newsgroups and e-mail.
c) The actions stated above will not be tolerated. Violation will result in the immediate deactivation of services without refund of any kind. Furthermore, a fine of one hundred (250) US dollars will be imposed for each spam policy violation. Karlsnet.com is the sole arbiter as to what constitutes a violation of the above provisions.
6. Server Abuse
a) Any attempt to undermine or cause harm to a Karlsnet.com server or another Karlsnet.com Clientis strictly prohibited.
b) Any attempt toundermine any Karlsnet.com web site or a web site of another Karlsnet.com Clientis strictly prohibited and may result in immediate termination of services rendered by Karlsnet.com without refund. Karlsnet.com is the sole arbiteras to what constitutes a violation of the above provisions.
7. Indemnification
a) Client agrees that it will defend, indemnify, and hold harmless Karlsnet.com from any and all demands, fines, liabilities, losses, costs, claims, and expenses, including attorney's fees, asserted against Karlsnet.com, its employees, officers, agents,and directors that may arise or result from any service provided or performed,or agreed to be performed, or any product sold by Client, its employees, officers, agents, and directors.
b) The Client agrees that it will defend, indemnify, and hold harmless Karlsnet.com against any liabilities, including but not limited to, those arising out of (1) anyinjury to person or property caused by any product sold or service renderedor otherwise distributed in connection with Karlsnet.com's servers; (2) any material supplied by the Client infringing upon or allegedly infringing upon the proprietary rights of a third party; (3) copyright infringement; and (4) any defective products sold to the Client's customer from KarlsNet's servers.
c) Karlsnet.com assumes no liability of the Client for failure to follow this Agreement and any results caused by the acts, omissions or negligence of the Client, sub-contractoror an agent of Client or an employee of any one to them, including, but not limited to, claims of third parties arising out of or resulting from or in connection with the Client's products, messages, programs, caller contracts, promotions, advertising, infringement or any claim for libelor slander or for violation of copyright, trademark or other intellectual property rights.
8. Disclaimer
a)
Karlsnet.com will not be held responsible for any damages you or your business may suffer. Karlsnet.com makes no warranties of any kind, expressed or implied, for services rendered.
Karlsnet.com disclaims any warranty or merchant ability or fitness for a particular purpose.
Karlsnet.com assumes no liability for disruptions or improper operation of its equipment or software for any reason, including, but not limited to, vandalism, theft, phone service outages, Internet disruptions, human error, extreme or severe weather conditions or any other causes in the nature of "Acts of God" or force majeure.
Karlsnet.com will not be responsible for consequential damages or punitive or exemplary damages under any circumstances. In no case shall Client be entitled to recover damages from
Karlsnet.com.
9. Term
a) The term of this Agreement will continue until a notice of cancellation by Karlsnet.com or Client is given, or until terminated under other provisions of this Agreement. Said notice of cancellation by Client must be provided to Karlsnet.com thirty(30) days in advance of desired cancellation date. Karlsnet.com reservesthe right to terminate this Agreement without cause upon notification to the Client. Karlsnet.com may further terminate this Agreement immediately without notice at any time the Client breaches any part of this Agreement, or if any program or facility used by Karlsnet.com to implement this Agreementis disrupted or terminated for any reason.
10. Presumption of Agreement
a) By signing up with Karlsnet.com, be it using Karlsnet.com's online sign up form or contacting in any way an employee, officer, agent, and director with request for Karlsnet.com to provide Client services, Client (1) authorizes Karlsnet.com to take the actions necessary in order to setup Client's account, and (2) agrees to each and every provision set forth in this Agreement and shall hold to said Agreement in the court of law.
11. Default
a) In the event Client defaults in any provision or fails to perform pursuant to this Agreement, Karlsnet.com will be entitled to damages, costs, and attorney's fees from the Client.
12. Invalid or Non nforceable Provisions
a) The invalidity or non enforceability of any provision of this Agreement, as so determinedby a court of competent jurisdiction, will not affect the other provisions hereof, and in any such occasion this Agreement will be construed in all respects as if such invalid or non enforceable provision were omitted.
13. Choice of Law/Venue
a) This Agreement will be construed and enforced in accordance with the laws of the State of Arizona and the venue for any action, dispute or proceeding with respect to this Agreement will be Yuma County, Arizona.
14. Captions
a) The captions in this Agreement are for convenience only and will not be used in interpreting, construing, performing or enforcing this Agreement.
15. Amendments and Modifications
a)
Karlsnet.com may make amendments or modifications to this Agreement at any time. Whenever practical,
Karlsnet.com will notify Client of changes to this Agreement.
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