| Terms & Conditions |
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1. Ownership of Content. Customer shall own and control all interest in the Content they provide for their website. Snaps Web New Media shall not own nor have any interest rights in those portions of the Content provided by Customer or already owned by Customer. Customer will have complete ownership of the finished site and agrees to not sell or broker individual components of the site which Snaps Web New Media has developed. Customer is free to transfer, assign or sell the completed site in its entirety at their discretion and without notice to Snaps Web New Media. Snaps Web New Media will make reasonable efforts to help complete this transfer, assignment or sale successfully. 2. Billing and Purchasing 2Checkout.com, Inc. is the exclusive authorized retailer of goods and services provided by Snaps Web New Media. When Customer agree to these Terms & Conditions, he warrants that he is in a position to commit funds and authorizes Snaps Web New Media to bill for the Service and term committed to. Such payment shall be binding upon the Customer. 3. Service Specifics. A. Brokerage. Snaps Web New Media services are for Customer's Content only, and not for the use by Customer to host other organization's Content for any reason. The Customer may not further broker any of Snaps Web New Media's services. B. Statistics. Snaps Web New Media may distribute usage statistics to selected recipients. Snaps Web New Media will at all times protect the Customer's identity and privacy, unless prior arrangements are made with the customer. C. Archives. While Snaps Web New Media backs up its server computers as a regular part of its internal systems administration, our services are for hosting and display. We do not provide or guarantee any storage or backup of Customer's Content. Customer is responsible for archiving revisions to their content. Once revised, Snaps Web New Media is only responsible for maintaining sites in their present state. 4. Terms and Exceptions. A. Contract Term. This agreement will extend from the target date specified on the invoice to the end of the specified term. Unless terminated by either party as provided herein, the Contract automatically renews for a successive term of the same duration as the initial term. Customer will be invoiced for subsequent periods of Service. Service rendered beyond each term will be subject to continued relevant fees and the Snaps Web New Media Web Agreement in force at the new term. Relevant fees refers to the price of the Service at the date of renewal. Fees are subject to change with 30 days notice provided by Rage Productions. Either party may terminate the contract for any reason by providing thirty (30) days written notice before the end of either the initial or any subsequent term. B. Termination. This Agreement can be terminated by either the Customer or Snaps Web New Media as outlined below. (1) Non-Payment. After Fifteen (15) days of non-payment from the invoice due date, service may be disabled by Snaps Web New Media. To re-enable delinquent Service, an additional fee of $50 will be required. (2) With Notice. Upon thirty (30) days notice, Snaps Web New Media may terminate the Service at their discretion. (3) Without Notice. Should Customer's Content be in violation of any aspect of the Policy, or be found to be illegal, Snaps Web New Media may terminate the Service without notice. Rage Productions is under no obligation to refund unused hosting fees to customer who are in violation of the web service agreement. If the Customer has acquired a specific domain name, Snaps Web New Media will facilitate the transfer of the domain to the service provider of Customer's choice. (4) For Default. Either party may terminate this contract for default if there is a breach of the contract that cannot be resolved within (30) days of written notice clearly specifying the material breach to the other party. 5. Customer Indemnity. The Customer agrees to defend, indemnify and hold harm-less Snaps Web New Media and its subsidiaries, directors and employees, its agents and sub-contractors, against any and all allegations, claims, expenses (including reasonable attorney's fees), liability or suits threatened, made or brought in relation to or arising from deadlines, design, creation, provision or use of information and technologies in their content, including, but not limited to, any related copyrights, trade secrets, trade names, patents, intellectual property rights or obscenity laws in any country or jurisdiction in which the content can be viewed or retrieved. 6. No Warranties. Neither Snaps Web New Media, nor its subsidiaries, directors, employees, agents, or subcontractors warrant any connection to, transmission over, nor results or use of, any network connection or facilities provided under this contract. Customer is responsible for assessing its own computer and transmission network needs, and the results desired. Use of any information obtained through this service is at customer's risk. The referenced services are provided as is without any warranties, express or implied, including, but not limited to, any warranty of merchantability or fitness of the service for a particular purpose. 7. Limitation of Liability. Neither party shall be liable to the other for any loss, damage, liability, claim or expense arising out of or in relation to this contract or the provision of the service or related information, however caused, whether grounded in contract, tort (including negligence) or theory of strict liability. In no event shall Rage Productions be liable to customer for any indirect or incidental punitive or other consequential damages arising out of or in relation to this contract. 8. General Terms. Neither party may sell, transfer, or assign this Agreement, except to entities completely controlling or controlled by that party, or to entities acquiring all or substantially all of its assets, without the prior written consent of the other which consent shall not be unreasonably withheld. Any act in derogation of the foregoing shall be null and void; provided, however, that any such assignment shall not relieve the assigning party of its obligations hereunder. Snaps Web New Media shall require written notice, however, in the event of any assignment. In the event of termination of Service hereunder for any reason, Customer's obligations with respect to Service usage and indemnification shall survive this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement will remain in full force and effect. |