TERMS & CONDITIONS
This document represents an agreement between The Peridoc Company (hereafter referred to as “PERIDOC”) and you (hereafter referred to as “Client”), WHEREAS, Client desires PERIDOC to provide web site hosting, domain name registration, e-mail accounts, or any other internet services that may be available. Clients continued use of PERIDOC’S services will constitute customer acceptance of these and all modified policies. This agreement may be updated or amended by PERIDOC from time to time without notice to Client. The most current version may be reviewed at any time at http://www.totalusa.com/agreement.cfm
Administrative Contact is the person designated by the Client who shall have the authority to make ongoing decisions under this agreement that are binding upon the Client. The administrative contact shall have access to web site master username/passwords.
Bandwidth is metered transmission of electronic data to and from the web server.
E-Mail is a system for transmitting messages electronically (as between personal computers on the Internet).
Content includes all data (text, databases, graphics, sound, music, photos, messages, e-mail files, links, video, etc.) that can be stored electronically.
Domain Name is an alphanumeric name that directs incoming request to a client’s web site and or e-mail associated with the client’s domain.
MB is megabytes, which is a measurement of space. 1GB=1024MB
Web Site is all content stored on a server that can be used for display on a computer via an Internet connection.
SECTION 1 CLIENT REPRESENTATION
1.01 Representation. Client represents and warrants that they are an independent business, sole proprietor, individual or contractor and not an employee, agent or legal representative of PERIDOC and that the administrative contact for the Client is of legal age of at least 18 yrs.
1.02 Taxes. Client agrees that they shall be solely responsible for all taxes, including but not limited to federal taxes, state taxes, local taxes, all sales taxes, that may arise due to a sale consummated from the presence on a PERIDOC server.
1.03 Products. Client agrees that they shall be solely responsible of all products and services represented or stored on a PERIDOC server that may be offered for sale through the use of PERIDOC services.
1.04 Records. Client agrees to provide true and current information about themselves and/or their business, including but not limited to company name, address, telephone number, and e-mail address, as contained in the Client information database. Client also agrees to maintain and properly update the information to keep it true, accurate, current and complete. If PERIDOC has reasonable grounds to suspect that your Client information is untrue, inaccurate, not current, or incomplete, PERIDOC reserves the right to impose that the information be corrected or suspend and terminate your account and refuse any current or future use of the service. In addition any funds paid for use of the service will be forfeited.
2.01 Hosting Services. Based upon Client’s package requirements, PERIDOC shall make available allotted storage space (MB) for Client’s Web Site on PERIDOC’S Internet servers. PERIDOC shall use its best effort to ensure that the Client’s Web Site has a consistent and uninterrupted link available to the World Wide Web via an Internet connection, but cannot and does not warrant that a consistent and uninterrupted link can be maintained.
2.02 Domain Name Services. PERIDOC will assist in registration of Clients’ domain name with a third party registrar by submission of the request for a domain name. PERIDOC does not guarantee that the name requested by the Client will be accepted or approved. PERIDOC will not be responsible for any policies of the registrar that may create delays in registration, or approvals, or any clerical errors made by the domain registrar. It is the responsibility of the Client to provide the accurate information for submission and Client warrants that any name submitted does not violate any copyrights, trademarks, or infringement of any other entity’s intellectual property rights. Names submitted for registration must be accompanied by the appropriate fees upon application. Client is responsible for the annual payment of registrar fees. PERIDOC shall not be responsible to resolve any disputes or litigation on Clients behalf arising from domain name registration, loss of domain name ownership, or its use.
2.03 Web Site Update Services. The service provides Clients with access to the PERIDOC Software that is maintained on PERIDOC servers. This software allows Clients to create, update, and maintain content on their web site.
SECTION 3 CONTENT
3.01 Content. Client assumes sole responsibility for all content posted to Client’s account that is stored on PERIDOCS’ servers for public or private Internet usage. Client agrees to use the storage space in a manner that is consistent with all applicable local, state, and federal laws and regulations. PERIDOC does not pre-screen any content submitted or posted by Client, however, PERIDOC reserves the right to refuse or remove any content that is in violation of any part of this agreement.
3.02 Prohibited Content. Client shall not knowingly or unknowingly store any of the following content: (1) Content that violates or infringes any copyright, trademark, patent, or proprietary right of any person, state or government. (2) Content that is libelous, harassing, obscene, pornographic or materials containing blatant expressions of bigotry, racism, or hate. (3) Content that promotes illegal activities applicable to local, state, national, or international law or that promotes export of products, or services that are illegal in the destination country (4) Content that contains software viruses or computer code that infringes upon any users or that may disrupts the PERIDOC servers or networks connected to the servers. (5) Content in the form of a contact list to be used via unsolicited e-mail or other mass electronic mailings. PERIDOC reserves the right to remove any content that, in its sole opinion, may result in a any violation of the above. In severe cases of violation, PERIDOC will immediately terminate services to the Client, without refund.
3.03 Content Ownership. PERIDOC does not own any of the content nor will it claim ownership to any content that Clients may place on a Web Site as information, services or products, however, by making content available on a PERIDOC server Client agrees to grant PERIDOC the right to use such content solely for the purpose of displaying and promoting Clients web site and presence on the World Wide Web.
3.04 Content Availability. Client understands and agrees that our servers will, from time to time, be disconnected due upgrade activities, including system backups or any other related normal maintenance procedures and that all equipment and telecommunications links are susceptible to failure and down time that may interfere with the Clients web site presence on the world wide web. 3.05 Content Backups. PERIDOC will make best efforts to keep all content on the servers backed-up, however, it is recommended that all Clients maintain a separate back up of data/files posted to the servers. PERIDOC will not be responsible for any loss of Clients content.
3.06 Bandwidth. – PERIDOC will make best efforts to ensure that there is sufficient bandwidth available to meet the Client’s bandwidth needs, however, does not guarantee any specific speed at which the servers will respond to data request or downloads. So that PERIDOC can properly plan for the Clients’ bandwidth needs, it is the Clients responsibility to notify PERIDOC in ample time of any known expected increases or decreases in web site traffic. Significant increases in traffic may occur during press releases or may be due to an advertising or public relations campaign or for any reason a larger number of visitors are expected visit Clients website thereby creating an abnormal demand on the server.
SECTION 4 PAYMENT OF FEES
4.01 Monthly Fees. PERIDOC’S accounting cycle begins on the first day of each month. Payments are due at the time of application for a specific service package. New accounts will be charged a prorated amount for the first month of service. Terminated accounts are not prorated.
4.02 Domain Name Fees. Charges for domain name registration are due at the time of name submission to the registrar. Domain name registration will be charged a minimum of one year in advance. Upon submission of the requested name to the registrar, any fees paid will be non-refundable.
4.03 Delinquent Accounts. Payments are due on the first day of each month. Accounts become delinquent if they remain unpaid by the fifth day of the month. In the event Clients account becomes delinquent, PERIDOC shall have the right to immediately discontinue service to the Client without liability. Accounts that remain delinquent for more than 60 days will have their content purged.
SECTION 5 WARRANTIES AND LIABILITIES
5.01 Warranties. PERIDOC warrants that it has the right to enter this agreement and provide the services to Client; in addition Peridoc shall in good faith comply with the terms and conditions of this agreement.
5.02 Limited Liability. Except for the warranty described above PERIDOC DISCLAIMS ALL OTHER WARRANTIES AND CLIENT ACKNOWLEDGES, AGREES, AND UNDERSTANDS THAT ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT. PERIDOC MAKES NO WARRANTY THAT ANY SERVICES WILL BE (A) UNINTERRUPTED (B) ERROR FREE (C) ABLE TO FUNCTION AS INTENDED ON OTHER SERVERS (D) ACCURATE, SECURE, OR RELIABLE. (D) ABLE TO MEET CLIENTS NEEDS OR REQUIREMENTS
CLIENT ACKNOWLEDGES, AGREES, AND UNDERSTANDS THAT UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE SHALL PERIDOC OR ITS OFFICIERS, DIRECTORS, AGENTS, EMPLOYEES, PARTNERS, AND OTHER AFFILIATES BE LIABLE TO ANY CLIENT OR CLIENTS CUSTOMERS OR CLIENTS ASSOCIATES FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES INCLUDING LOSS OF BUSINESS, LOST PROFITS OR DATA LOSS (EVEN IF PERIDOC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULTS IN ANY WAY FROM: A) THE USE OF OR INABILITY TO USE ANY SERVICE PROVIDED BY PERIDOC B) THE INTERRUPTION, ALTERATION OF DATA (TRANSMITTED OR INPUT), SUSPENSION, DEFECTS, DELETION OF FILES, TERMINATION, OR ERRORS IN THE SERVICE C) ANY OTHER CIRCUMSTANCES RELATING TO ANY SOFTWARE OR SERVICE. CLIENTS EXCLUSIVE REMEDY FOR ANY DAMAGES, INCLUDING CONTRACTURAL AND NEGLIGENCE, WILL NOT EXCEED THE ACTUAL DOLLAR AMOUNT THAT THE CLIENT HAS PAID FOR THE CURRENT TERM OF THE AGREEMENT.
5.03 Indemnity. Client agrees to defend, indemnify, and hold PERIDOC and its affiliates (including but not limited to executives, directors, officers, agents, partners, and employees) harmless from and against any and all claims, cost, liabilities and expenses, including reasonable attorneys’ fees, related to of arising from: false advertising claims, liability claims for products or services sold by Client or any violation of this agreement by the Client or those who access the web site through username/password for the Clients account.
SECTION 6 TERM and GOVERNING LAW
6.01 Term of Agreement. This agreement shall become effective upon the activation of the account for public use on the Internet and shall automatically renew from month to month. Either party to this agreement may terminate this agreement with or without cause by providing at least thirty days written notice to the other party. All past due balances must be paid before any domain name will be released by PERIDOC. If either party is in default under this agreement (including nonpayment), the non- defaulting party may immediately terminate the agreement without prior notice to the other party.
6.02 Governing Law. This agreement shall be governed by the laws of the State of Louisiana.