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WEB HOSTING AGREEMENT:
WHEREAS, ARROW is an Internet Service Provider offering storage and transfer of documents and other information over the Internet;
WHEREAS, Client seeks to use these servers for its own purposes;
WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, ARROW can make no guarantee that any given party shall be able to access the server made available by ARROW at any given time. ARROW represents that it shall make every good faith effort to ensure that the 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;
ARROW will exercise no control whatsoever over the content of the information passing through the network except for what is noted in below sections of this agreement, relating to Lawful Purpose, and with respect to the ARROW Policies and Terms Of Service Agreement located at http://www.arrowwebsites.com/termsofuse.htm
ARROW makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. ARROW also disclaims any warranty of merchantability or fitness for any 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 ARROW is at the Client's own risk, and ARROW specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of an end-to-end connection. ARROW does not represent guarantees of speed or availability of end-to-end connections. ARROW specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
I. Trademarks & Copyrights:
Client warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service.
II. Age:
Client certifies that he or she is of full legal age to enter into this agreement.
III. Policies
Client agrees to all terms in the ARROW Policies and Terms Of Service Agreement located at http://www.arrowwebsites.com/termsofuse.htm
ARROW network resources used by Client may not be used to impersonate another person or misrepresent authorization to act on behalf of others or ARROW. Users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access.
IV. Termination:
1. ARROW may terminate service under this Agreement at any time, without penalty, if the Client fails to comply with any of the terms of this Agreement.
2. Termination for any violation of the TERMS OF USE shall be immediate. ARROW may, at its option, cancel or suspend service immediately should it believe Client has violated or is about to violate the ARROW Terms of Service agreement located at http://www.arrowwebsites.com/termsofuse.htm or should the Client fail to remit payment to ARROW by the Client's invoice due date.
V. Limited Liability:
1. Client expressly agrees that use of the Server offered by ARROW is at Client's sole risk. Neither ARROW, its employees, affiliates, agents, merchants licensers or the like, warrant that the 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 ARROW Server service agreement.
2. Under no circumstances, including negligence, shall ARROW, its offices, agents or anyone else involved in creating, producing or distributing ARROW'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 ARROW 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 ARROW's records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on ARROW's Server service.
3. Notwithstanding the above, Client's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of this Agreement.
VI. Lawful Purpose:
Client may only use ARROW's Server service for lawful purposes. 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, or material protected by trade secrets.
VII. Indemnification:
Client agrees that it shall defend, indemnify, save and hold ARROW harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees asserted against ARROW, 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 ARROW against Liabilities arising out of any of the following:
i. any injury to person or property caused by any products sold or otherwise distributed in connection with ARROW's Server service;
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 the Server offered by ARROW.
VIII. Domain Name Ownership, Disputes, and Use
Any domain name registered or renewed by ARROW on behalf of Client is the property of said Client after the Client has paid ARROW any registration fees that ARROW has incurred on behalf of the client. ARROW claims no ownership over Client domain names that the Client has paid to register or renew.
This Agreement shall be governed and construed in accordance with the laws of the State of New York.
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