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Service Agreement
This Services Agreement (the "Agreement") contains the complete terms and
conditions which govern your subscription of Web hosting, e-commerce and
other Internet-related services provided by 1rst Step Web Solutions (the
"Services"). As used in this Agreement, "1rst Step Web Solutions" means
1rst Step Web Solutions and 1rststep.com, and "Client", "you" or "your"
means you. By purchasing services from 1rststep.com, you acknowledge that
you have read the Agreement, and you agree to its terms and conditions and
all policies posted on the 1rststep.com Site. As referred to in this
Agreement, "Site" refers to a World Wide Web site and "1rststep.com Site"
refers to the Site located at the URL: http://www.1rststep.com/, or any
other successor Sites owned or maintained by 1rst Step Web Solutions.
1. APPROPRIATE USE OF THE SERVICES.
1rst Step Web Solutions provides the Services exclusively and makes no
effort to edit, control, monitor or restrict the content of data other
than as necessary to provide such Services.
a. Client Content. Client agrees that it will not distribute,
electronically transmit or display any materials supplied by Client - or
through Client by a third party - to any 1rst Step Web Solutions server in
connection with Client's use of the Services which: violate any state,
federal or foreign laws or regulations;
infringe on any intellectual property rights (e.g., copyright, trademark,
patent or other proprietary rights) of 1rst Step Web Solutions or any
third party; are defamatory, slanderous or trade libelous; are
threatening or harassing; are discriminatory based on gender, race, age or
promotes hate violate any 1rst Step Web Solutions policy posted on the
1rststep.com Site
including, but not limited to, our Hosting Policies, Abuse and Policy
Violations, Billing Policies, Refund Policy and Restore Policy. contain
viruses or other computer programming defects which result in damage to
1rst Step Web Solutions or any third party.
b. Bandwidth.
Client may occupy only the amount of disk space on the 1rststep.com Server
and utilize no more than the network bandwidth which is allotted by 1rst
Step Web Solutions. Client may be charged a penalty for over-utilization
of either disk space or network bandwidth.
c. No "Spam". Client
shall not use the Services for chain letters, junk mail, spamming, or any
use of distribution lists to any person who has not given specific
permission to be included in such a process. Client also shall not engage
in any unsolicited email practices at 1rststep.com, or otherwise, that
mention or reference any domain hosted on 1rststep.com servers or parked
on 1rststep.com DNS servers.
d. Licensed Software Only.
Client agrees to use only properly licensed third party software in
connection with Client's use of the Services.
e. Back-Up Files. Client will have the ability to reinstate files
which are automatically archived by 1rststep.com; however, 1rststep.com
does not guarantee the existence, accuracy, or regularity of its backup
services and, therefore, Client is responsible for making back-up files in
connection with its use of the Services.
f. Termination. 1rststepcom, in its sole discretion, may
immediately terminate this Agreement if Client engages in any of the
foregoing. To report any unacceptable behavior by a third party using the
Services, please contact abuse@1rststep.com
g. Use By Minors. 1rst Step Web Solutions does not sell its
products and services to minors under the age of 18. 1rst Step Web
Solutions sells such products and services to adults, who can purchase
with a credit card. Minors under the age of 18 may purchase such products
and services of 1rst Step Web Solutions only with the involvement of a
parent or guardian in the transaction.
2. PAYMENT OBLIGATIONS
a. Service Fees. By the Seventh (7th) of each month, 1rst Step Web
Solutions shall either (i) debit Client's credit card (where such
information is provided by Client) or (ii) deliver by e-mail or regular
mail an invoice to Client in accordance with the applicable Services fees
for services rendered for the current month. Where an invoice is delivered
to Client, Client shall remit payment to 1rst Step Web Solutions by no
later than the specified payment due date. 1rst Step Web Solutions shall
be entitled to immediately terminate this Agreement for Client's failure
to make timely payments to 1rst Step Web Solutions. Certain services carry
a set-up fee
charged by 1rst Step Web Solutions to Client that must be paid by Client
in order to have use of the Services. If Client terminates this Agreement
in accordance with Section 4 hereunder, Client shall be responsible for
any outstanding fees owed to 1rst Step Web Solutions and agrees to pay any
and all fees incurred by Client. Because the Services are provided on a
monthly basis, Client will be responsible for Service fees incurred each
month regardless of when Client provides notice of termination. Thus, for
example, if Client provides notice to terminate on the 15th of a
particular month, Client will still owe fees for the entire month and such
fees will not
be pro-rated or refunded. If Client has retained the Services for one (1)
year, bi yearly or in 3 month and has pre-paid 1rst Step Web Solutions for
such Services, Client agrees that no refunds will be issued for any unused
portion of the Services regardless of when Client cancels the Services.
Therefore, if Client's account is cancelled at any point during the one
(1) year term, Client will not be entitled to a pro-rated refund.
b. Domain Names. If Client chooses to register a domain name(s)
through 1rst Step Web Solutions, Client acknowledges and agrees that
Client will pay a registration fee(s) to register the domain name(s) with
the applicable domain name registrar. 1rst Step Web Solutions does not
offer refunds for domain name registrations for any reason, including
misspelling of the domain name.
3.CLIENT LIABILITY AND INDEMNIFICATION
The parties agree that in no event shall 1rst Step Web Solutions be liable
to any third party for Client's breach or alleged breach of any of the
terms and conditions set forth in this Agreement. Client agrees to defend,
indemnify and hold harmless 1rst Step Web Solutions from any and all
expenses, losses, liabilities, damages or third party claims resulting
from Client's breach or alleged breach of any Client obligations set forth
hereunder.
4.TERM, TERMINATION & REINSTATEMENT
Subject to the terms and conditions hereof, this Agreement shall be
effective on the date you register
for the Services, and shall continue in effect on a month-to-month basis
unless otherwise specified by
separate agreement (the "Term") unless terminated earlier pursuant to the
provisions of this Section 4.
Either party will have the right to terminate this Agreement upon notice
to the other party. Should the
client wish to terminate this Agreement, Client must send a cancellation
request to our support
department by filling out our account cancellation form. Such cancellation
request must include the
Client's name, username, and contact information. Client is responsible to
remove files from the server
before the last business day of the respective day for which cancellation
is requested. All accounts
are cancelled as soon as the client submits the account cancellation form.
1rst Step Web Solutions
will not be held responsible for any files deleted on that day. The
cancellation procedure is subject to
change without notice.
5.TAXES
Client will pay and indemnify and hold 1rst Step Web Solutions harmless
from any and all taxes associated with or arising from Client's use of the
Services, including any penalties and interest and any costs associated
with the collection or withholding thereof.
6.DISCLAIMER OF WARRANTY
THE SERVICES, THE 1rst Step Web Solutions SITE, INCLUDING WITHOUT
LIMITATION, ALL PRODUCTS
AND SERVICES DISPLAYED OR OFFERED ON THE 1rststep.com SITE, AND ALL
TEXT,
GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS'
BASIS AND WITHOUT WARRANTY OF ANY KIND. 1rst Step Web Solutions DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING
, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, 1rst Step Web Solutions
SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE
UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE
NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS
EMPLOYED WILL BE SUFFICIENT.
7.LIMITATION OF LIABILITY
IN NO EVENT SHALL 1rst Step Web Solutions BE LIABLE FOR DAMAGES RESULTING
FROM LOSS OF
DATA, PROFITS, USE OF THE 1rststep.com SITE OR ANY 1rst Step Web Solutions
PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR
CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION
WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL 1rst
Step Web Solutions CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN ONE
HUNDRED DOLLARS ($100 US).
8.MISCELLANEOUS
If any of the provisions, or portions thereof, of this Agreement are found
to be invalid under any applicable statute or rule of law, then, that
provision notwithstanding, this Agreement shall remain in full force and
effect and such provision or portion thereof shall be deemed omitted. This
Agreement (including the Exhibits, attachments and/or addenda, if any,)
represents the entire agreement of the parties with respect of the subject
matter hereof and supersedes all prior and/or contemporaneous agreements
or understandings, written or oral between the parties with respect to the
subject matter hereof. This Agreement and the rights granted and
obligations undertaken hereunder may not be transferred, assigned or
delegated in any manner by Client, but may be so transferred, assigned or
delegated by 1rst Step Web Solutions. Any waiver or any provision of this
Agreement, or a delay by any party in the enforcement of any right
hereunder, shall neither be construed as a continuing waiver nor create an
expectation of non-enforcement of that or any other provision or right. In
any legal proceeding between the parties under this Agreement, the
prevailing party shall be entitled to recover
its costs, expenses and reasonable attorneys' fees. This Agreement is made
under and shall be governed by and construed in accordance with the laws
of State of Indiana, U.S.A., regardless of its choice of law provisions.
The state and federal courts located in the county of LaPorte, Indiana,
will have exclusive jurisdiction. This Agreement and 1rst Step Web
Solutions policies are subject to change by 1rst Step Web Solutions
without notice. Continued usage of the Services after a change to this
Agreement by 1rst Step Web Solutions or after a new policy is implemented
and posted on the1rst Step Web Solutions Site constitutes your acceptance
of such change or policy. We encourage you to regularly check the 1rst
Step Web Solutions Site for any changes or additions.
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