1. THIS Disclaimer and policies are made and entered between Sunbeltmicrosystems.Inc,
and its subsidiaries located at 2117 Home Show Lane, El Paso Texas - 79936 hereinafter referred to
as (“Sunbeltmicrosystems.Inc”) and you, the Customer, who wishes to use the Services of
Sunbeltmicrosystems.Inc in accordance with Sunbeltmicrosystems.Inc policies which are located on
the World Wide Web at http://www.sunbeltmicrosystems.com and its various subdirectories.
NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants hereinafter set
forth, the parties hereto agree as follows:
2. CONDITIONS: The application and the policies constitute a legal and binding
acceptance between Sunbeltmicrosystems.Inc and the Customer and does not extend to any other
person or entity. Excess resources utilized by Customer to include data transfer, disk space
and virtual host limits shall be paid for by Customer. Sunbeltmicrosystems.Inc will bill Customer
and Customer shall pay for excess resources used by Customer. If Customer exceeds the virtual
host limit for a particular virtual server, Sunbeltmicrosystems.Inc will automatically upgrade
customer to the next higher-level server and Customer will pay for such Services and virtual hosts.
Clients may NOT use more than the allotted disk space or bandwidth without incurring additional
charges as determined by Sunbeltmicrosystems.Inc.. Cancellations after an application is received
and web space is set-up will still hold the Customer responsible for costs incurred by
Sunbeltmicrosystems.Inc concerning the set-up of the web space. All cancellations must be in
compliance with Sunbeltmicrosystems.Inc billing policies located on-line at
http://www.sunbeltmicrosystems.com/terms.asp.
All cancellations shall be in writing and delivered via postal mail or facsimile to the accounts
receivable department of Sunbeltmicrosystems.Inc with telephonic confirmation.
3. WARRANTIES: With respect to the Services to be provided herein, the Customer
acknowledges that Sunbeltmicrosystems.Inc makes absolutely no warranties whatsoever express or
implied. As a result, the Customer agrees that Sunbeltmicrosystems.Inc shall not be liable to the
Customer for any claims, damages or loss of profit which may be suffered by the Customer or any
other entity in any respect for direct, indirect, consequential, actual, or punitive damages arising
out of or in relation to the Services provided herein, including, but not limited to, losses or
damages resulting from the loss of data as the result of delays, non-deliveries, or Service
interruptions.
4. INFORMATION: The utilization of any data or information received by the Customer
from the utilization of the Service to be provided by Sunbeltmicrosystems.Inc is at the Customer’s
sole and absolute risk. Sunbeltmicrosystems.Inc specifically disclaims and denies any responsibility
for the completeness, accuracy or quality of information obtained through the Services to be provided
hereby. Customers may NOT post or transmit anything that is considered by Sunbeltmicrosystems.Inc to
be offensive or any Adult oriented material. Customers may not violate company or Internet security
in use of this site, network, or machine resources. Violators run the risk of their site’s shutdown.
Sunbeltmicrosystems.Inc has the absolute right to shut down the website without any liability claimed
or actual if these policies are violated. Customer will be responsible for any fines, liabilities, or
administration fees incurred. Sunbeltmicrosystems.Inc cannot be held responsible for any loss of
business claimed or actual under these circumstances. Sunbeltmicrosystems.Inc does not necessarily
endorse, support, sanction, encourage, verify or agree with the content, comments, opinions or
statements hosted by Sunbeltmicrosystems.Inc. Customers, banner exchange participants, advertisers,
vendors or partners. Information, products, and services offered, sold or placed online belong to
the respective companies or individuals who place them there and are not representative of
Sunbeltmicrosystems.Inc. Any liabilities involving content, information, products, and services
offered, sold, or placed on this website will be the Customers.
5. DOMAIN NAME: Sunbeltmicrosystems.Inc or its subsidiaries acquires or registers
an Internet Domain Name on behalf of the Customer, then in such case the Customer hereby waives any
and all claims which it may have against Sunbeltmicrosystems.Inc, for any loss, damage, claim or
expense arising out of or in relation to the registration of such Domain Name in any on-line or
off-line network directories, membership lists or registration lists, or the release of the Domain
Name from such directories or lists following the termination of the providing of this Service by
Sunbeltmicrosystems.Inc for any reason.
6. PAYMENTS: After the establishment of the web space and Services on the Internet,
subsequent payments are due on the 1st day of the month-billed monthly in advance of Services. In
the event that the Customer fails to pay for such Services in advance, Sunbeltmicrosystems.Inc shall
be entitled to unilaterally terminate and discontinue the Service until payment is made. All set-up
and Initial Term fees are non- refundable, in whole or in part, even if Customer’s web hosting and
Service account is suspended, canceled or transferred prior to the end of Customer’s then current
Initial or subsequent to Sunbelt Microsystems terms. Customer remains obligated to pay all amounts
agreed to in the Initial Term. Any termination by Sunbeltmicrosystems.Inc or Customer shall not
relieve Customer of any obligations to pay fees accrued prior to such termination. In the event of
failure to pay by Customer and/or a charge back by a credit card company (or similar action by
another payment provider allowed by Sunbeltmicrosystems.Inc) in connection with the payments of
the Services, web design, promotions, web hosting, domain services and domain registration fees
for a Customer’s account, Customer agrees and acknowledges that the domain name registration shall
be transferred to Sunbeltmicrosystems.Inc as the paying entity for that registration to the registry
and that Sunbeltmicrosystems.Inc reserves all rights regarding such domain name registration including,
without limitation, the right to make the domain name available to other parties for purchase.
Sunbeltmicrosystems.Inc will reinstate Customer’s domain name registration solely at
Sunbeltmicrosystems.Inc discretion, and subject to Sunbeltmicrosystems.Inc receipt of payment in full
by Customer. The client agrees not to hold Sunbeltmicrosystems.Inc or any employees, third parties
involved in the hosting, or independent contractors associated with Sunbeltmicrosystems.Inc liable
for any lost of business actual or claimed, or any other liabilities, fees, or charges due to the
website being hosted, for removal from the web for non-payment of services specified under these
conditions. If a lapse in payment takes place under these terms, Sunbeltmicrosystems.Inc will charge
an administration fee to reinstate this website in the amount not less than and amount owed plus any
other fees or charges incurred by third party companies involved in the hosting of this website, and
not greater than double this amount. Late charges of up to 15% may be charged to any late payment.
All the stated conditions, terms and policies will be enforced for non-payment of Web Design,
Programming, Promotions and all activities related to customer default of payment.
7. BREACH AND REVOCATION: In the event that Sunbeltmicrosystems.Inc may at any
time believe that the Service is being utilized for unlawful purposes by the Customer or in
contravention with the terms and provisions herewith, Sunbeltmicrosystems.Inc may unilaterally
and immediately discontinue such Service to the Customer without liability and Sunbeltmicrosystems.Inc
will fully cooperate with any and all law enforcement agencies. This will include, but not limited
to, failure to pay, adult content, and/or unsolicited email.
8.1 DEFAULT; ACCELERATION; AND, WAIVER OF NOTICE: Should Customer fail to pay
Customer’s bill by the 5th of the month or should the Customer otherwise breach these terms
(including the Dispute, Billing, or AUP Policies), Sunbeltmicrosystems.Inc may declare the
Customer in default and require the Customer to pay the entire debt immediately and without
prior notice. Further, in the event of default, Sunbeltmicrosystems.Inc may act as Company’s
Attorney-in-Fact to execute in actions or proceedings in connection with these policies,
including, but not limited to, selling or otherwise disclosing Customer data and/or the
domain name registration.
8. INDEMNIFICATION: The Customer shall indemnify and hold harmless
Sunbeltmicrosystems.Inc from any and all loss, cost, expense, and damage on account of any
and all manner of claims, demands, actions, suits, proceedings, judgments, costs and expenses
that may be initiated against Sunbeltmicrosystems.Inc and Sunbeltmicrosystems.Inc officers,
directors, and employees for any Service provided to Customer by Sunbeltmicrosystems.Inc to
include web space content that violates any copyright, proprietary right of any person, state
and federal regulations, or contains any matter that is libelous or scandalous.
9. CHANGES IN TERMS OF ACCEPTANCE: Sunbeltmicrosystems.Inc reserves the right
to make changes to the terms and conditions of these policies at any time, and to the on-line
service pricing, advising of the change and the effective date thereof by publishing it to the
appropriate Sunbeltmicrosystems.Inc web site, but with changes in service fees being effective
only at the end of any period for which the Customer has prepaid. Utilization of the Service by
the Customer following the effective date of such change shall constitute acceptance by the
Customer of such change(s). Customer is solely responsible for staying informed with respect to
changes in this Agreement, the application, Acceptable Use Policy and Billing Policy, all of which
are published on-line and readily available for public viewing.
10. ARBITRATION: In the event a dispute or controversy arises out of or relating
to these terms, such dispute or controversy (including contentions that a party is in default in
performance of its obligations hereunder, but excluding questions as to the validity and binding
effect of these policies, which shall be conclusively presumed) shall be submitted to arbitration
in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and
judgment upon the award may be entered in any court of competent jurisdiction.
11. SEVERABILITY: In the event that any term or provision of these policies is
held by a court of competent jurisdiction to be illegal, unenforceable or invalid in whole or in
part for any reason, the remaining provisions of these terms shall remain in full force and effect.
12. CONFIDENTIALITY AND PROPRIETARY INFORMATION: Customer acknowledges and agrees
that any information not generally known by or disclosed to the public to include but not limited
to computer programs, trade secrets, customer lists, financial data, employee expertise, operating
procedures, methodology, source code, algorithms and inventions are the property of
Sunbeltmicrosystems.Inc and may not be utilized, interfered with or released without the express
written permission of Sunbeltmicrosystems.Inc. Customer agrees that Sunbeltmicrosystems.Inc is
the owner of certain copyrights and trademarks in which Customer agrees not to interfere.
13. INTERPRETATION: The format, words and phrases used herein shall have the
meaning generally understood in the Telecommunications/Software/Internet Industries. These terms
shall be construed in accordance with its fair meaning and not against the drafting party.