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Reseller Terms and Conditions Please read this agreement in its entirety and choose 'I Agree' or 'I Don't Agree' at the bottom. All users of our service will be bound by this agreement, which may be updated by us from time to time without notice to you. This Terms and Conditions of Use Agreement (the "Agreement") controls your referred to as "Customer," "you," or "your") use of Columbus International Multimedia Inc. web site hosting and related services. Any or all of these services, including the software that may be provisioned to you by Columbus International Multimedia Inc. as part of your use of the services whether Columbus International Multimedia Inc. Proprietary software or third party software (collectively "Columbus International Multimedia Inc. software"), are referred to as the Columbus International Multimedia Inc. Services" or "the Services." In this agreement you and Columbus International Multimedia Inc. may be collectively referred to as "the parties." Please read this Agreement in its entirety. By downloading Columbus International Multimedia Inc. software or using the Services or software, you agree to be bound by this Agreement and other user policies and agreements Columbus International Multimedia Inc. may establish from time to time including the Columbus International Multimedia Inc. Acceptable Use Policy. If you do not wish to be bound by this Agreement and the other Columbus International Multimedia Inc. policies, please do not use Columbus International Multimedia Inc. Services. This Agreement is effective as of the Customer account creation date (the . Effective Date. ) between the Customer and Columbus International Multimedia Inc.. Columbus International Multimedia Inc. agrees to provide hosting services and Customer agrees to accept and utilize Columbus International Multimedia Inc.. s service according to the terms of this Agreement and the Order Form (if applicable) which has been executed by the parties and attached hereto. 1. Service. You must be at least eighteen (18) years of age to subscribe to Columbus International Multimedia Inc.. s Service. Customer is responsible for all use of Customer. s account and maintaining the confidentiality of Customer. s password(s). Columbus International Multimedia Inc. will suspend access or change access to Customer. s account upon notification by Customer that his or her password has been lost, stolen or otherwise compromised. Customer may not transfer or give out its password to third parties, and Customer shall remain liable for all charges incurred for use of the Services. Columbus International Multimedia Inc. shall not be liable for any usage or charges prior to Columbus International Multimedia Inc. making the necessary account alteration. 2. Technical Support. Columbus International Multimedia Inc. will provide technical support consulting services via telephone, electronic mail (. e-mail. ) and facsimile to assist in verifying the account features of Columbus International Multimedia Inc.. s intended functionality of the Customer. s server and hosting Service (. Technical Support. ). The account features include various products produced by third party vendors. The Technical Support staff can assist with the setup and configuration of the server and third party products; however, the usability, custom configurations, coding and troubleshooting fall under the support offerings of the third party vendor so Technical Support will be unable to assist with the aforementioned offerings. Technical Support does not serve as a consultant to correct and rewrite programming code and scripting-related issues. Only Columbus International Multimedia Inc.-created Services and non-Customer configured Services will be supported to this extent. No e-mails from Columbus International Multimedia Inc., including Technical Support e-mail, may be resent, distributed or posted on any media accessible to the public (including, but not limited to, any Internet site or bulletin board) by Customer, without Columbus International Multimedia Inc.. s prior written consent. Technical Support shall consist only of the consulting services set forth above, and in no event shall it include any other support functions or Services, including, but not limited to, maintenance or repair of Customer. s hardware or custom configurations to the server. Technical Support will be provided only to either Customer or Customer. s technical or administrative contact. If Customer requires technical assistance beyond the conditions set forth above and Columbus International Multimedia Inc. determines that it has the technical resources for assistance, Customer shall be charged at Columbus International Multimedia Inc.. s standard hourly rate ($110.00 / Hour). The hourly rate will be applied to Services not designated as Technical Support, as defined above, or for any Technical Support provided to someone other than Customer or Customer. s technical or administrative contact. Prior to requesting support services from Columbus International Multimedia Inc., Customer or Customer. s technical contact agrees to ask Columbus International Multimedia Inc.. s Technical Support personnel if the requested support services qualify as Technical Support. Technical Support hours are 24 hours each day, except on nationally observed holidays, Christmas Eve, during departmental meetings, or when no, or limited support hours may be provided, of which Customer will be notified in advance. Technical Support hours are subject to change. 3. Equipment and Utilities. Customer shall provide its own computer and telecommunications equipment necessary to access the Service. Customer shall provide Columbus International Multimedia Inc. read and write access to Subscriber. s equipment. Customer is solely responsible for all local, toll, and long-distance telephone charges for connecting to the Service. Columbus International Multimedia Inc. shall have no responsibility for any charges or tariffs related to any Customer telephone connection or on-line Services of any entity accessed by or for Customer. 4. Required Equipment. Customer shall be solely responsible for the full cost of all required equipment, software and configuration as well as any additional equipment Customer wishes to utilize. Columbus International Multimedia Inc. shall have no obligation or liability in connection with any equipment not purchased through Columbus International Multimedia Inc. and configured by Columbus International Multimedia Inc., or for any abuse or misuse of any equipment by any party other than Columbus International Multimedia Inc.. Columbus International Multimedia Inc. shall pass through to Customer any warranties from the manufacturers of equipment purchased through Columbus International Multimedia Inc. and installed at Customer. s premises. Columbus International Multimedia Inc. shall have no obligation to repair or maintain any equipment at Customer. s premises, and Customer shall be responsible for seeking warranty and other Services directly from the manufacturer. 5. Term. This Agreement shall be effective on a calendar month-to-calendar month basis or a specific term length as set forth in an Order Form beginning on the Effective Date and continuing until terminated as provided herein. This Agreement may be revoked by Columbus International Multimedia Inc. in accordance with the terms herein at any time prior to the Effective Date. 6. Termination by Columbus International Multimedia Inc. / Acceptable Use. Columbus International Multimedia Inc., in its sole business judgment, may terminate this Agreement immediately and without prior notice or immediately suspend Customer. s access to the Service upon any breach of either this Agreement or Columbus International Multimedia Inc.. s Acceptable Use Policy (available on the Columbus International Multimedia Inc. web site) by Customer, including, but not limited to, (a) refusal or failure to pay for Service or (b) by sole judgment of Columbus International Multimedia Inc. that Customer may be performing activities harmful to Columbus International Multimedia Inc. or its other Customers, employees, vendors, business relationships or other users of the Internet, including but not limited to, spamming; harassment; falsifying information; defamation; violating a third party. s privacy; infringing a third party. s intellectual property rights; or hacking or other effort to gain unauthorized access to any server, directory, or account information. Columbus International Multimedia Inc. may also terminate this Agreement without cause at any time upon thirty (30) days prior Notice. Unauthorized use of the Columbus International Multimedia Inc. Services in connection with the transmission of unsolicited bulk e-mail (. SPAM. ), including the transmission of counterfeit e-mail, may result in civil and criminal penalties against the sender, including those provided by the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.) Columbus International Multimedia Inc.. s response to a first spamming offense is to either terminate the account immediately or advise and educate the Customer through an e-mail warning and/or phone call, in Columbus International Multimedia Inc.. s sole discretion. A minimum $200 (Two Hundred U.S. Dollars) per hour spam handling fee will be charged to Customer. s account for all valid complaints, as determined by the Columbus International Multimedia Inc. Abuse Team. 7. Termination by Customer. Customer may terminate this Agreement if month-to-month, upon forty-five (45) days prior notice and full payment of all subscription fees through the end of the notice period. Term accounts may only be canceled by paying a cancellation fee equal to seventy-five percent (75%) of the remaining contract balance and by making payment of any outstanding telecommunications charges related to the establishment, maintenance and cancellation of Service to the Customer. Notwithstanding anything to the contrary in this Agreement, if Columbus International Multimedia Inc. breaches any material term of this Agreement and such breach continues for ten (10) business days after Customer has notified Columbus International Multimedia Inc., you may immediately terminate this Agreement. 8. Data. Customer understands and agrees the Internet is a conglomeration of networks and servers operated by distinct entities having no business or legal relationship to Columbus International Multimedia Inc.. Columbus International Multimedia Inc. has no input whatsoever as to the content of Internet data accessed via the Service. Customer is solely responsible for any value or reliance it places on information obtained via the Internet or the Service. INFORMATION DERIVED AS A RESULT OF THIS AGREEMENT IS PROVIDED . AS IS. AND AT CUSTOMER. S OWN RISK. 9. Illegality/Adult Content Policy. Columbus International Multimedia Inc. neither sanctions nor permits hosted site content or the transmission of data that contains illegal or obscene material or fosters or promotes illegal activity. Columbus International Multimedia Inc. reserves the right to immediately suspend or terminate any site or transmission that violates this policy, without prior notice. In the event of such termination, Customer agrees that the unused portion of any fees Customer may have paid for any Services rendered to Customer by Columbus International Multimedia Inc. are an appropriate recompense to Columbus International Multimedia Inc. for the time required to respond to and address issues created by Customer. s illegal or obscene site/content, and Customer agrees not to seek recovery of those fees. Further, should Customer violate this policy, Columbus International Multimedia Inc. will actively assist and cooperate with law enforcement agencies and government authorities in collecting and tendering information about Customer, Customer. s site, the illegal or obscene content, and those persons that may have inappropriately accessed, acquired, or used the illegal or obscene content. 10. Limited Warranty/Security. Columbus International Multimedia Inc. warrants only that it shall, subject to the terms and conditions of this Agreement, provide Customer the Service. CUSTOMER AGREES THAT THE SERVICE IS BEING PROVIDED . AS AVAILABLE. AND . AS IS,. WITH ALL FAULTS ACCEPTED. Columbus International Multimedia Inc. MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, RELATIVE TO THIS AGREEMENT AND THE SERVICES DERIVED THEREUNDER AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR AGAINST INFRINGEMENT. Columbus International Multimedia Inc. FURTHER DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE INTERNET AND INFORMATION DERIVED THEREFROM. Columbus International Multimedia Inc. DOES NOT WARRANT THAT THE SERVICE OR THE CONTENT WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL CONTENT AND ACTIVITY. IT IS THE CUSTOMER. S SOLE RESPONSIBILITY TO PERFORM ANTI-VIRUS SCANS, SECURE THE CONTENT OF HOSTED SITES AGAINST HACKERS AND OTHER SECURITY INTRUSIONS (INCLUDING PROTECTION OF CREDIT CARD OR PERSONAL INFORMATION BELONGING TO CUSTOMER. S CUSTOMERS), AND OTHERWISE MONITOR WHAT MAY BE HARMFUL OR OFFENSIVE CONTENT ON YOUR SITES OR RUNNING THROUGH YOUR CONNECTION TO THE INTERNET. YOU MUST DETERMINE THE SUITABILITY OF THE Columbus International Multimedia Inc. SERVICES FOR THE AFOREMENTIONED TASKS, GIVEN YOUR PARTICULAR USE OF THE INTERNET. IF THE SERVICES, AS PROVISIONED, DO NOT ENABLE YOU TO FULFILL THESE RESPONSIBILITIES, IT IS YOUR RESPONSIBILITY TO SECURE PRODUCTS OR SERVICES, AT YOUR EXPENSE, THAT PERMIT YOU TO MEET THESE SECURITY OBLIGATIONS. 11. Limitation of Liability. Each party specifically agrees that, in no event, shall either party. s liability as a result of this Agreement and the provision of Service hereunder, exceed Customer. s monthly fee for any single month during which any claim of liability arose or the amount paid for any term Agreement. Neither party shall have liability whatsoever for any indirect, special, incidental, consequential or punitive damages of any kind, including but not limited to, lost revenue and lost profit. 12. Compliance and Indemnification. Customer agrees to use the Service in compliance with all applicable laws, and to host files or content, if at all, only with the consent of the copyright, trademark, domain name, or patent owner. Customer shall be charged for all costs incurred by Columbus International Multimedia Inc., including reasonable attorney fees, for any claim, loss, or damage arising out of Customer. s use or misuse of the Internet or the Services. Customer specifically agrees to defend, indemnify, and hold harmless Columbus International Multimedia Inc., its officers, and employees from any claim, loss, or damage, including costs and reasonable attorney fees, arising out of any act or omission of Customer under this Agreement or its use of the Service. Columbus International Multimedia Inc. specifically agrees to defend, indemnify, and hold harmless Customer, its officers, and employees from any claim, loss, or damage, including costs and reasonable attorney fees, arising out of any act or omission of Columbus International Multimedia Inc. under this Agreement or its use of the Service. 13. Personal Files/E-Mail Inbox. Columbus International Multimedia Inc. is not responsible for back ups of Customer. s personal files or other information. Columbus International Multimedia Inc. reserves the right to delete Customer information and files upon termination of the Service. Any IP addresses assigned to Customer are considered loaned by Columbus International Multimedia Inc. and will revert back to Columbus International Multimedia Inc. after cessation of the Service. E-mail inboxes have size limits set by Columbus International Multimedia Inc.. Once that size limit is reached or exceeded, Customer will receive notification, and no more e-mail will be delivered to that inbox until the size of the inbox is reduced by Customer to below the limit for that account. 14. Privacy. Privacy issues are governed by Columbus International Multimedia Inc.. s Privacy Policy, and that document should be consulted for any questions you may have about how Columbus International Multimedia Inc. uses your Customer information. You are required to develop and post a privacy policy on your web sites to the extent you gather any personal information from your customers or from visitors to your site. 15. Governing Law and Venue. This Agreement shall be construed under the laws of the State of Idaho. Federal and state Idaho courts shall have jurisdiction and venue over this Agreement and the parties, and the exclusive venue for all litigation hereunder shall be commenced and maintained in Idaho. 16. Notice. Notice to Columbus International Multimedia Inc. shall be in writing and delivered by hand, e-mail, facsimile, or, if sent by certified mail, return receipt requested, or a nationally recognized overnight delivery service that keep records of deliveries and attempted deliveries (such as FedEx). It is imperative that Columbus International Multimedia Inc. be able to contact Customer at all times. Customer must promptly advise Columbus International Multimedia Inc. of any changes to his, her or its contact information, including mailing and e-mail addresses and phone number. Failure to do so constitutes grounds for immediate termination; moreover, any notices from Columbus International Multimedia Inc. to Customer sent to Customer. s last known e-mail address as provided by Customer to Columbus International Multimedia Inc. shall be deemed effective even if Customer has failed to provide updated information to Columbus International Multimedia Inc.. 17. Payment/Taxes. Customer shall pay Columbus International Multimedia Inc. for all charges listed on Columbus International Multimedia Inc.. s invoice, including all shipping and handling charges and other charges incidental to the provisioning of the Services. Unless otherwise stated on the face hereof, all payments shall be due upon receipt of invoice. On any amounts not paid when due, Subscriber agrees to pay interest at the rate of 2.0% per month (24% per year) or, if such rate is in excess of the rate allowed by law, then Subscriber agrees to pay the highest rate allowed by law. In addition, Subscriber agrees to pay all costs of collection, including costs of litigation and reasonable attorneys. fees. Subscriber agrees to execute financing statements and other instruments at Columbus International Multimedia Inc.. s request. A $20.00 (Twenty U.S. Dollars) collection fee will be charged for all dishonored checks. Any tax liability arising from Customer. s use of the Service (other than taxes on Columbus International Multimedia Inc. income) will be Customer. s responsibility. Customer will pay all sales and use taxes relating to the Service, as well as all duties or levies on Products and Services. (a) Payment Terms. Unless otherwise subscribed or agreed, payment of the selected Service is due monthly on the first day of each calendar month for the Service to be rendered during the upcoming month. Columbus International Multimedia Inc. reserves the right to adjust its fees for Service hereunder at any time in the event Columbus International Multimedia Inc. experiences a rate increase from its telecommunications supplier. However, if Customer has signed a term agreement, Columbus International Multimedia Inc.. s pricing will remain constant for the agreed-to term. Columbus International Multimedia Inc. is not responsible for the pricing of any phone company service fees whether billed directly to Customer by the phone company or through Columbus International Multimedia Inc. on behalf of the phone company. AUTHORIZED CHARGES TO CREDIT CARDS SHALL BE MADE IN ADVANCE, ON OR ABOUT THE ANNIVERSARY DATE OF THE SERVICE FOR THE TERM OF THIS AGREEMENT UNTIL TERMINATED AS PROVIDED HEREIN. A fee of $15 (Fifteen U.S. Dollars) will be assessed for the following reasons: (1) late payment, (2) payment with insufficient funds, (3) denied or invalid credit card number, or (4) restart of Service terminated for nonpayment. Payment is late after the fifth (5th) calendar day of the month. Columbus International Multimedia Inc. may change any fee, rate, or plan upon thirty (30) days. notice. Refunds, if any, from termination or cancellation of term or pre-paid accounts are only available as if the Customer were a month-to-month Customer, and will not be based on the discount the Customer may have received for prepaying the account. (b) Payment Method. CUSTOMER HEREBY AUTHORIZES CHARGES TO BE MADE IN ADVANCE TO THE IDENTIFIED CREDIT CARD EACH MONTH FOR THE DURATION OF THIS AGREEMENT IN THE AMOUNT OF THE SELECTED SERVICE SET FORTH BELOW OR AS CHANGED BY Columbus International Multimedia Inc. AFTER NOTICE TO CUSTOMER. Payment may be made by check or purchase order only by key accounts and only upon prior authorization by Columbus International Multimedia Inc.. Customer additionally authorizes periodic verification of credit worthiness. Columbus International Multimedia Inc., in its sole discretion and judgment, may discontinue credit at any time without notice. 18. Force Majeure. Columbus International Multimedia Inc. shall not be liable for any delay in performance directly or indirectly caused by or resulting from acts of God, or any third party telecommunications or Internet connectivity providers, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, late delivery by suppliers or other difficulties which are beyond the reasonable control of Columbus International Multimedia Inc.. 19. Waiver; Severability. No waiver by either party of any breach by the other party of any provision of this Agreement shall be deemed or construed to be a waiver of any succeeding breach of such provision or as a waiver of the provision itself. If any provision of this Agreement is stricken as unenforceable, the rest of the Agreement shall remain in full force and effect. 20. Successors and Assigns. This Agreement is not assignable or delegable in whole or in part by Customer without the prior express written consent of Columbus International Multimedia Inc.. This Agreement shall be binding upon the heirs and successors of the parties hereto, the assigns of Columbus International Multimedia Inc., and permitted assigns of Customer. This Agreement is assignable by Columbus International Multimedia Inc. provided Columbus International Multimedia Inc. gives Customer written notice of such an assignment and the assigning party(ies) is/are capable of performing all of Columbus International Multimedia Inc.. s obligations hereunder. 21. No Resale. The Service provided hereunder is limited to Customer and may not be resold in any manner whatsoever unless Customer selects a reseller plan and Columbus International Multimedia Inc. provides written acceptance of Customer. s selection of a reseller plan. 22. Modification or Amendment to Agreement. This Agreement may be amended or modified from time to time upon Notice to Customer in Columbus International Multimedia Inc.. s sole discretion. This Agreement shall not be supplemented or modified by any course of dealing or other trade usage. 23. Entire Agreement. These terms and conditions constitute the entire Agreement with regard to the subject matter hereof and expressly supersede and replace any prior or contemporaneous agreements, written or oral, relating to this Agreement. This Agreement may be amended by Columbus International Multimedia Inc. at any time without notice, so please check back frequently to review changes. Any changes or amendments to this Agreement shall be set forth at www.Columbus International.com. This Agreement may not be amended by Customer unless the amendment is approved by both parties in writing. Any questions about this Agreement should be directed to legal@ColumbusInternational.com. Reseller Hosting Agreement Columbus International Multimedia Inc. (hereby called "The Service Provider") is an Internet Service Provider and host of personal and business World Wide Web pages. Columbus International Multimedia Inc. maintains The Service Provider as a service to the Internet community. The goal of Columbus International Multimedia Inc. is to provide you with the best service possible for an enjoyable Internet experience. These Terms and Conditions are designed to keep Columbus International Multimedia Inc. and the Internet enjoyable and useful for all of our subscribers. Columbus International Multimedia Inc. is committed to and supports the free flow of information and ideas over the Internet. Columbus International Multimedia Inc. does not actively monitor nor does Columbus International Multimedia Inc. exercise editorial control over the content of any web site, electronic mail transmission, mailing list, news group or other material created or accessible over Columbus International Multimedia Inc. services. However, Columbus International Multimedia Inc. reserves the right to remove any materials Columbus International Multimedia Inc. does become aware of that are, in Columbus International Multimedia Inc.'s sole discretion, potentially illegal, could subject Columbus International Multimedia Inc. to liability, or violate this policy. The use of The Service Provider is subject to the following terms and conditions. Columbus International Multimedia Inc. may amend this agreement on an as needed basis by placing an update of this posting, and your continued use of The Service Provider following each updated posting shall be deemed to be your acceptance of any such modification. Furthermore, it is your responsibility to monitor the "Terms and Conditions" page of The Service Provider regularly to determine whether the terms and conditions have been modified. If changes to terms and conditions or pricing have been made, these changes will take effect on the date of Client's contract renewal. If you do not agree with the Terms and Conditions of The Service Provider or any modifications or changes to this Agreement, you must immediately stop using The Service Provider. The entire content of The Service Provider is Copyrighted, and all rights are reserved. You may save to disk or print out individual or selections of information contained within The Service Provider for your own use, provided that you do not collect multiple small selections for the purpose of replicating or copying all or substantial portions of The Service Provider. Terms of Contract I. Financial Arrangements 1. Client agrees to the contract for the length specified, beginning upon Columbus International Multimedia Inc.'s receipt by fax, e-mail, or express mail. Client agrees to pay Columbus International Multimedia Inc. for services rendered pursuant to the payment schedule. 2. First payment shall be due upon receipt of contract. 3. This agreement will automatically renew for identical successive periods unless canceled in writing or modified by client prior to the renewal date. Client will receive an invoice for charges and payment is due upon receipt of invoice. 4. Initial payment is due with contract. Contract takes effect on the date of receipt of payment, and will be renewed automatically for identical successive periods. Any changes made to the Client's package (e.g. extra traffic charges, additional server space, additional e-mail accounts) shall be billed accordingly. 5. All orders are subject to acceptance by Columbus International Multimedia Inc.. An order will be deemed accepted by Columbus International Multimedia Inc. when confirmation of the order is sent to Customer. Columbus International Multimedia Inc. may refuse to accept any order, or delay acceptance awaiting completion of conditions Columbus International Multimedia Inc. may choose to exercise. Such refusal of such conditions may not be unreasonable, however, and Columbus International Multimedia Inc. agrees to provide Customer with reasonable notice by E-mail or fax of any intent to delay or decline the acceptance of any order. 6.Columbus International Multimedia Inc. reserves the right to suspend the customers account and services without notice should there be any problems with the customers method of payment. This includes expired credit cards, declined credit cards, inactive credit cards, and invalid checks. II. Taxes Columbus International Multimedia Inc. shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client or Columbus International Multimedia Inc.'s server. Client agrees to take full responsibility for all taxes and fees of any nature associated with any such products sold. III. Material and Products 1. Columbus International Multimedia Inc. will exercise no control whatsoever over the content of the information passing through the network or on the Client's web sites. Columbus International Multimedia Inc. makes no warranties or guarantees of any kind, whether expressed or implied for the service it is providing. Columbus International Multimedia Inc. also disclaims any warranty of merchantability or fitness for particular purpose and 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 or gaps by any cause or errors or omissions of the Client. Columbus International Multimedia Inc. is not responsible for any loss, erasure, or corruption of Client's data or files whatsoever. Use of any information obtained by way of Columbus International Multimedia Inc. is at the Client's own risk, and Columbus International Multimedia Inc. specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of connection to Columbus International Multimedia Inc. and does not represent guarantees of available end to end bandwidth. Columbus International Multimedia Inc. 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.Columbus International Multimedia Inc. specifically denies any responsibilities for any damages arising from a consequence of such unavailability. In the event that this material is not "Server-ready", Columbus International Multimedia Inc. may, at its option and at any time, reject this material, including but not limited to after it has been put onColumbus International Multimedia Inc.'s Server. Columbus International Multimedia Inc. agrees to notify Client immediately of its refusal of the material and afford Client the opportunity to amend or modify the material to satisfy the needs and/or requirements of Columbus International Multimedia Inc.. If the Client fails to modify the material, as directed by Columbus International Multimedia Inc., within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be terminated. IV. Trademarks & Copyrights Client warrants that it has the right to use the applicable trademarks, if any. Columbus International Multimedia Inc. may request the right to use such trademarks in connection with Columbus International Multimedia Inc. service(s). Client will review such a request promptly, and not unreasonably withhold such permission. V. Etiquette and Policy 1. The network resources of Columbus International Multimedia Inc. may not be used to impersonate another person or misrepresent authorization to act on behalf of others orColumbus International Multimedia Inc.. All messages via Columbus International Multimedia Inc. should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or postings. Users may not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access to said networks. Clients may not use Columbus International Multimedia Inc.'s server for mass e-mail or "spamming" purposes. 2. Columbus International Multimedia Inc. may impose reasonable rules and regulations regarding the use of its services. Customer shall impose such rules and regulations on its customers to the extent necessary to ensure compliance. 3. Columbus International Multimedia Inc. may discontinue servicing any Plan, or may require fulfillment of terms or conditions Columbus International Multimedia Inc. may choose to impose as a prerequisite for continuing to service any such Plan. Such discontinuation or requirement may not be unreasonable, however, and Columbus International Multimedia Inc. agrees to provide Customer with reasonable notice by E-mail and fax of any such intent to discontinue or impose certain conditions. 4. Columbus International Multimedia Inc.'s services may not be used for illegal purposes, or in support of illegal activities. Columbus International Multimedia Inc. reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong. Activities which are prohibited as potentially illegal include, but are not limited to: - Unauthorized copying of copyrighted material including, but not limited to, digitization and distribution of photographs from magazines, books, or other copyrighted sources, and copyrighted software. - Posting or e-mailing of scams such as 'make-money-fast' schemes or 'pyramid/chain' letters. - Threatening bodily harm or property damage to individuals or groups. - making fraudulent offers of products, items, or services originating from your account. - Attempting to access the accounts of others, or attempting to penetrate beyond security measures of our or other systems (referred to as hacking) whether or not the intrusion results in corruption or loss of data. - Harassing others by 'mail-bombing'. 'Mail-bombing' constitutes sending more than ten (10) similar mail messages to the same e-mail address. - Forging any message header,in part or whole, of any electronic transmission, originating or passing through Columbus International Multimedia Inc. services. - Distributing viruses to or from Columbus International Multimedia Inc. systems. 5. Bulk e-mail sent through a mail service external to our system can not contain an e-mail address or a domain name that is hosted by Columbus International Multimedia Inc.. This generally results in complaints being forwarded to our administrative staff and will be cause for immediate account termination or suspension without prior notification. VI. Charges for Space and Server Traffic Above and Beyond that which are Allocated in Client's Hosting Plan Client agrees that it will be charged and will remit payment for extra server traffic pursuant to the web site hosting package that Client has selected. Said charges will be prorated and will appear on the following invoice. Charges for excess server traffic are posted in the hosting section of http://www.onlyhosting.net. Client agrees that it will be charged and will remit payment for extra server storage space and extra e-mail accounts pursuant to the web site hosting package that Client has selected. Said charges will be prorated and appear on the following invoice. Charges for extra server storage space and extra e-mail accounts are posted in the hosting section of http://www.onlyhosting.net. VII. Termination 1. This Agreement may be terminated by Columbus International Multimedia Inc., without cause, by giving the other party 30 days notice via e-mail or fax. In such event, Columbus International Multimedia Inc. will be required to pay to the other party an amount equal to the unused and prorated portion of service excluding any setup charges. Notwithstanding the above, Columbus International Multimedia Inc. may terminate the service under this Agreement at any time, without penalty, if the Client fails to comply with the terms of this Agreement. It is the clients responsibility to point hashes domain to another service provider upon termination, cancellation or discontinuation of service. 2. Columbus International Multimedia Inc. offers a 30-Day money back guarantee for its services. This guarantee excludes any setup fees or installation charges applied toColumbus International Multimedia Inc.'s services. 3. Columbus International Multimedia Inc. will not issue refunds or credits past the 30-Day money back guarantee. VIII. Limited Liability 1. Client expressly agrees that use of Columbus International Multimedia Inc.'s Server is at Client's sole risk. Neither Columbus International Multimedia Inc., its employees, agents, resellers, third party information providers, merchants licensers or the like, warrant that Columbus International Multimedia Inc.'s Server service will not be interrupted or be error free; nor do they make any warranty as to the results that might be obtained from the use of the Server service or as to the accuracy, or reliability of any information service or merchandise contained in or provided through the Columbus International Multimedia Inc. Server service, unless otherwise expressly stated in this Agreement. 2. Under no circumstances, including negligence, shall Columbus International Multimedia Inc., its officers, agents or any one else involved in creating, or distributing Columbus International Multimedia Inc.'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 Columbus International Multimedia Inc. 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 Columbus International Multimedia Inc.'s records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on Columbus International Multimedia Inc.'s Server service. IX. Indemnification Client agrees that it shall defend, indemnify, save and hold Columbus International Multimedia Inc. harmless from any demands, liabilities, losses, costs and claims, including reasonable attorneys fees, ("Liabilities") asserted against Columbus International Multimedia Inc., 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 Columbus International Multimedia Inc. against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with Columbus International Multimedia Inc.'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 Columbus International Multimedia Inc. Server. X. Partial Invalidity If any provision of this agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect. Columbus International Multimedia Inc. and Customer agree to renegotiate in good faith any term held invalid and to be bound by mutually agreed substitute provision. XI. Disputes The parties shall try to resolve all disputes that might arise out of this agreement in a spirit of cooperation without formal procedures. Any dispute which cannot be so resolved (other than the collection of money due on unpaid invoices) and other than the injunctive relief referred to in paragraph 10 shall be subject to arbitration upon written demand of either party. Arbitration shall take place in Los Angeles, California or at a different location if the parties so agree. The arbitration will take place before an arbitration panel chosen as follows: The parties shall each choose an arbitrator, and the two arbitrators shall choose a third arbitrator and determine the third arbitrator's pay. Each party shall have one veto over the choice of the third arbitrator. The three arbitrators shall schedule an informal proceeding, hear the arguments, and decide the matter by secret majority vote. Unless the arbitrators decide otherwise, each party shall pay the costs of its own arbitrator, and shall pay half of the other costs of the arbitration proceeding. Each party shall have the right to have the proceedings transcribed. The arbitrators will not have the authority to award punitive damages or any other form of relief not contemplated in the contract. The majority of arbitrators shall render a written opinion setting forth the basis on which they arrived at the decision regarding each issue submitted to arbitration; the dissenting arbitrator, if any, shall not issue a dissenting opinion. Regarding each issue submitted to arbitration, the decision will be final and binding only to the extent it is accompanied by a written explanation of the basis upon which it was arrived at. Judgment upon the award, if any, rendered by the arbitrators may be entered in any court having jurisdiction. Should any legal action permissible under this agreement be taken to enforce the conditions and terms of this agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable legal fees and expenses incurred at the trial and appellate levels. XII. Confidentiality Customer acknowledges that by reason of their relationship, both customer and Columbus International Multimedia Inc. may have access to certain products, information and materials relating to the other party's business, which may include business plans, customers, software technology, and marketing plans that are confidential and of substantial value to either party, respectively, and which value would be impaired if such information were disclosed to third parties. Consequently, bothColumbus International Multimedia Inc. and customer agree that it will not use in any way for its own account or for the account of any third party, nor disclose to any third party, any such information revealed to it by either party, as the case may be. Customer and Columbus International Multimedia Inc. further agree that it will take every appropriate precaution to protect the confidentiality of such information. In the event of termination of this agreement, there shall be no use or disclosure by either party of any such confidential information in its possession, and all confidential documents shall be returned to the rightful owner, or destroyed. The provisions of this section shall survive the termination of the agreement for any reason. Upon any breach or threatened breach of this section, either party shall be entitled to injunctive relief, which relief will not be contested by the Customer or Columbus International Multimedia Inc.. XIII. Notices Except with respect to service of process as set forth in paragraph , all notices may be sent by e-mail, fax, or express mail to the e-mail address, fax number, or address most recently provided and will be effective upon transmission. Evidence of successful transmission shall be retained. YES, I agree to the terms and conditions. NO, I do not agree to the terms and conditions. Copyright © 2007 onlyhosting.net Protected by Copyright, All rights reserved. Contact Us

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