REAP-ISP Agreement for Domain Hosting
WHEREAS REAP-ISP is an information provider connected to the Internet. REAP-ISP offers storage and transfer services over the Internet through access to its Web Server; WHEREAS, Client seeks to utilise REAP-ISP’s server for its own purposes; WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, REAP-ISP can make no guarantee that any given reader shall be able to access REAP-ISP’s server at any given time. REAP-ISP represents that it shall make every good faith effort to ensure that its server 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;
1. Financial Arrangements:
a. Client agrees to a one month contract, beginning upon REAP-ISP’s receipt of a signed copy of this contract.
b. This agreement will automatically renew for successive each month unless cancelled in writing. Client will receive an invoice for charges and payment is due upon receipt. Renewal prices are subject to change. Renewal of services by Client indicates agreement to Contract revisions.
2. Taxes:
REAP-ISP shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client or REAP-ISP’s server. Client agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.
3. Material and Products:
a. Client will provide REAP-ISP with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of REAP-ISP. REAP-ISP shall make no effort to validate this information for content, correctness or usability.
b. Use of REAP-ISP's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Client's Web space by the Client. The Client agrees that he or she is a necessary knowledge to create Client's Web space. Client agrees that it is not the responsibility of REAP-ISP to provide this knowledge or Customer Support outside of the defined service of REAP-ISP.
c. REAP-ISP will exercise no control whatsoever over the content of the information passing through the network. REAP-ISP makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. REAP also disclaims any warranty of merchant ability 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 by any cause or errors or omissions of the Client. Use of any information obtained by way of REAP-ISP is at the Client's own risk, and REAP-ISP specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and does not represent guarantees of available end to end bandwidth. REAP-ISP expressly limits its damages to the Client for any non-accessibility time or other down time to the prorata monthly charge during the system unavailability. REAP-ISP specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not "Server-ready", REAP-ISP may, at its option and at any time, reject this material, including but not limited to after it has been put on REAP-ISP's Server. REAP-ISP 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 REAP-ISP. If the Client fails to modify the material, as directed by REAP-ISP, within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be deemed to be terminated.
4. Trademarks & Copyrights:
Client warrants that it has the right to use the applicable trademarks, if any, and grants REAP-ISP the right to use such trademarks in connection with REAP-ISP's Server service.
5. Hardware, Equipment & Software:
The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access REAP-ISP. REAP-ISP makes no representations, warranties or assurances that the Customer's equipment will be compatible with the REAP-ISP service.
6. Age:
The Customer certifies that he or she is at least 18 years of age.
7. Acceptable Use:
Customer agrees to operate the account in accord with REAP-ISP's Terms and Agreement Policy, full text of which is found at http://www.reap.org.nz/conditions.html. Due to legal and social issues, we will not accept any customers who publish pornographic images. We do not allow any pornographic content on our servers, including but not limited to nude photographs, explicit language, or sexual fiction considered by REAP-ISP to be pornographic. If a customer publishes pornographic images, REAP-ISP may issue a warning and/or cancel the account.
8. Termination:
This Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice. Notwithstanding the above, REAP-ISP may terminate service under this Agreement at any time, without penalty, if the Client fails to comply with the terms of this Agreement.
9. Limited Liability:
a. Client expressly agrees that use of REAP-ISP's Server is at Client's sole risk. Neither REAP-ISP, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that REAP-ISP's Server 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 REAP-ISP Server service, unless otherwise expressly stated in this Agreement.
b. Under no circumstances, including negligence, shall REAP-ISP, its offices, agents or any one else involved in creating, producing or distributing REAP-ISP'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 REAP-ISP 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 REAP-ISP's records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on REAP-ISP's Server service.
c. Notwithstanding the above, Client's exclusive remedies for all damages, losses and causes of actions whether in contract, or including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of this Agreement and any reasonable attorney's fee and court costs.
10. Lawful Purpose:
Client may only use REAP-ISP'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.
11. Indemnification:
Client agrees that it shall defend, indemnify, save and hold REAP-ISP harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against REAP-ISP, 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 REAP-ISP against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with REAP-ISP '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 REAP-ISP Server.
12. Contract Revisions:
Revisions to this Contract will be applicable to previous Contracts. Revisions will be considered agreed to by the Client on renewal of REAP-ISP Communications. Services as specified in Section 1.
13.
This Agreement covers the stated registered Domain Name only and cannot be on sold or sublet.
14.
This Agreement constitutes the entire understanding of the parties. This Agreement shall be governed and construed in accordance with the laws of New Zealand and of the Internet.
| Do you have any other registered domains? If so, please list them below: | |
| Please note all sections below must be filled out. | |
| Domain Name Requested: | |
| Registrant: | |
| The person or company who will have legal ownership of the domain name. | |
| Address 1: | |
| Address 2: | |
| City: | |
| Phone: | |
| E-mail: | |
| Signature: | |
| Date: | |
Please print this form out, fill it in and sign it, then fax it to REAP-ISP on 07 3771496 and we will get your new domain underway.
If you do have any other question please phone the helpdesk on 07 3771426.
Thank you for supporting REAP-ISP your only local ISP supporting the local community.
