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Terms and Conditions

Comentum Terms of Service Agreement
This document establishes operating principles and acceptable use policies.

1. INTRODUCTION

This terms and conditions of service agreement constitutes the terms and conditions for the use of all types of Internet services ("Services") including but not limited to Services such as website space on the Internet (hosting), domain name services, e-mail services, server side development, software development, art production, design, page layout and programming, Internet access services, domain name set up and configuration, training and consulting provided by Comentum Corporation ("Comentum"). By using and/or subscribing to any of these services and/or paying this invoice constitutes your acknowledgment of receipt and acceptance of this agreement, which supersedes all previous representations, understandings or agreements.

2. DEFINITIONS

As used in this agreement, "Comentum" refers to Comentum Corporation. "Browser Side Development" refers to Services that run on the Browser and/or interact with the Browser including but not limited to Services such as a Browser Side Online Store, HTML Pages, Browser Side JavaScript Pages, Graphics and Art tailored for Browsers, such as GIFs and/or JPEGs. "Server Side Development", "Server Side Function(s)" and/or "Server Side Feature(s)" refers to Services that run on the server and/or interact with the server including but not limited to Services such as an Online Store (E-Commerce), Bulletin Board, Secure Server, Chat Room(s), Guest Book(s), Form Processing, Hosting, Domain Name Services (DNS), and E-Mail Services. "Internet Services" and/or "Services" refers to Browser Side Development and Server Side Development plus additional Services including but not limited to Services such as website space on the Internet (hosting), domain name services, e-mail services, software development, art production, web page design, web page layout, Internet access services, domain name set up and configuration, training and consulting. "You," "you," "your," "Customer(s)" and/or "Client(s)" refers to the person(s) and/or customer(s) using and/or subscribing to these Services. "We," "us," and/or "our" refers to Comentum Corporation. "Materials" refers to but not limited to documents, information, data, web pages, files, software, pictures/photos and/or articles. "Hosting" refers to storing, publishing and/or transmitting your Materials on our dedicated server computer that is integrated into the Internet.

3. COMPLIANCE WITH THE LAW

This Service may be utilized only for lawful purposes. You acknowledge to have the legal rights and lawful authorization to the Materials you are transmitting, hosting and/or submitting to us for design and/or development purposes. Legal rights and lawful authorization includes but is not limited to copyright, trademark, trade secrets, invasion of privacy, harassment, fraud, trafficking in pornographic material, drug dealing, federal, state and local laws and regulation.

4. NO WARRANTIES

You acknowledges that Comentum makes absolutely no warranties of any kind, expressed or implied, for Services provided, including warranty of merchantability or fitness of these Services for a particular purpose or use. As a result, you (Client) agree that Comentum shall not be liable to client or any of its Customers for any claims or damages which may be suffered by client or its customers, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, amount of traffic or visits to your site, changes in Browser and/or Server technology that may cause your web pages incompatible, with inability to access the Internet, or inability to transmit or receive information, caused by, or resulting from, delays, nondeliveries, or service interruptions whether or not caused by the fault or negligence of Comentum. Client hereby agrees to indemnity and hold harmless Comentum from any and all claims of whatever nature brought by any of client's customers against Comentum. Refer to sections 5, 6, 7, 8 and 9 for additional disclaimers of liability.

5. USE OF INFORMATION

The utilization of any data or information received by you (client) or your customers from the utilization of the service to be provided by Comentum is at client and its customer's sole and absolute risk. Comentum specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the services to be provided hereby.

6. DESIGN AND DEVELOPMENT SERVICE

If Comentum shall design and develop your website, you acknowledge to give us the authority to Design and Develop and/or place your website on the world wide web with Materials which you own and/or own the legal right or legal authorization to use, including but not limited to legal rights such as your Copyright, Trademark, Trade Secret Materials and/or in case of legal authority, a written authorization from the owner of the materials. Once your materials are placed on the world wide web, they can be read and/or downloaded by anyone using the world wide web, and we are not to be liable for unauthorized use of your Materials by a third party. Although your website is designed and developed to work with the most common recent and/or current browsers and platforms, due to unpredictable technology changes, we make no warranties of any kind, expressed or implied for near future compatibility of the Design and Development of your web site and/or any changes in technology that may make our design and development obsolete. Any additions and/or alterations to your web site are extra, and we may change our rate at any time.

7. BROWSER SIDE DEVELOPMENT

You acknowledge that although we design and develop your web pages to run on the most common recent and/or current Browsers, technology may change, and as a result your web page may become obsolete or not compatible with the new technology. We are not to be liable for changes to your website resulting from Browser technology changes, and if we have to redesign and/or redevelop your web pages to be compatible with the current browsers, there will be additional charges. Any additions and/or alterations to your web site are extra, and we may change our rates at any time.

8. SERVER SIDE DEVELOPMENT

If Comentum shall produce a Server Side Feature(s) and Development, you acknowledge that these Server Side Features are tailored to run on our server computer and may not be compatible or transferable to any other server computer, as a result we make no warranty of any kind for transferability or compatibility of Server Side Features to another server computer.

9. DOMAIN NAME

If Comentum shall acquire an Internet Domain Name on behalf of the client, then in such case the client hereby waives any and all claims which it may have against Comentum for any loss, damage, claim or expense arising out of, or in relation to, the registration of such Domain Name.

10. PAYMENT AND INVOICING

In addition to any setup fees and recurring hosting fees, Comentum has the right to charge additional fees for services, such as extra disk space, heavy traffic (data transfer), POP3/forwarding email accounts, additional email accounts, mail list services, chat, bulletin boards, e-commerce, log reporting or search services. Payment is due in advance of services provided, and is payable on the first day of each month or according to Payment Plan. If payment is not received within thirty (30) days of the due date, the account is in default and subject to suspension. During any suspension, this agreement is still in full force and upon payment of the charges due, Comentum may, at its sole discretion, reinstate service. Any service disconnection or suspension shall require a $15 reconnect fee and may require more than twenty-four (24) hours before service is restored. If we do not receive your payment for Design and Development Services provided by us, we may reclaim the Design and Development of your website and use them on a third party website.

11. TERMINATION AND CANCELLATION

Comentum reserves the right to terminate an account at any time for any reason. In the event Client wishes to terminate their account, notice must be delivered in writing via electronic mail (email), US Mail, or FAX. Comentum will respond to any Client cancellation of service with a written confirmation via email that the cancellation request has been received and processed.Fees paid in advance are not refundable. Only a written request by Client to terminate service relieves Client's obligation to pay further account charges. It does not relieve Client of past obligations and charges.

12. SCOPE OF AUTHORITY

Client has no authority, apparent or otherwise, to contract for, or on behalf of Commentum, or in any other way legally bind Comentum in any fashion, nor shall client be authorized to make any representations about Comentum or its services other than to reiterate to its clients Comentum's responsibilities as outlined in this agreement.

13. ALTERATIONS IN TERMS OF AGREEMENT

Commentum reserves the right to make changes to the above terms and conditions of this agreement upon sixty (30) days written notice to client, advising of the change and the effective date thereof. Changes in monthly service fees shall become effective only at the end of any calendar period for which client has prepaid for the respective period. Utilization of the service by the client and/or its customers following the effective date of such change shall constitute acceptance by client of such change(s) in terms.

14. DISPUTES

a) Governing Law: Should any dispute arise under the terms of this contract, the parties agree that the location for resolution of said dispute shall be in the County or Circuit Courts in and for San Diego County, California and shall be governed by and in accordance with the laws of the state of California.

b) Attorney's Fees and Expenses: Should any legal action be instituted to enforce the terms and conditions of this agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and expenses incurred at both the trial and appellate levels.

15. SERVEABILITY

This agreement supersedes any other representations, understandings or agreements between the parties, whether written or oral. In the event that any provision of this agreement is held by a court of competent jurisdiction to be unenforceable, then the remaining provisions of this agreement which it evidences, shall remain in full force and effect.

16. INTERNET POLICY

a) Improper Uses - The Customer will avoid violation of certain generally accepted guidelines on Internet usage such as restrictions on mass mailings and mass advertisements, pirating or copying of software, mail bombing or other methods of attempting to deny service or access to other users, and attempts to violate security, including but not limited to attempting without authorization to enter into a secured computer system. Comentum strictly prohibits Unsolicited Commercial Email (UCE), also known as "spam." This includes using Comentum's network to distribute unsolicited bulk email from Customer's site on Commentum's servers or using any outside network to send bulk email advertising Customer's site on Commentum servers. Comentum reserves the right to determine what constitutes improper use.

b) Discretion and Judgment - The Customer is expected to use discretion in the treatment and handling of Internet information and data and to take particular care to insure that adult information is not transmitted to juvenile users of the Internet.

c) Misuse of System Resources - The Customer is not allowed to employ posts or programs which consume excessive CPU time or storage space; permitting use of mail services, mail forwarding capabilities, POP accounts, or auto-responders other than for the customer's own account; resale of access to CGI scripts installed on Commentum's servers; or attempting to use a single customer account for third party web sites by allowing more than one domain pointer to be used to reference pages within the customer's site.

c) Search Engines and Website Traffic - Comentum is not responsible for bringing traffic or business to customer's website through search engines, or by any other method or means. Comentum does not guarantee that a website will appear or have any particular ranking or position on any search engine, for the following reasons: 1. Search engine companies may periodically change their ranking method, therefore, if your website has a good ranking today, it may have a low ranking tomorrow, completely at the discresstion of the search engine company. 2. Search engines may remove or drop a random group of websites from their database at their discression at any time. 3. A third party, or your competitor may try to influence or remove you from search engines by over submitting your website.

 

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