SERVICE AGREEMENT
This agreement is entered into this day, by and between the organization described
on Appendix A (order page) and Blue 105 Burbank CA
The Authorized Person mentioned above will hereafter be referred to as "User."
TERMS AND CONDITIONS
-1- Subject to the provisions hereof, the account will be opened
upon receipt of contract and payment, and repeated in each successive billable period
thereafter at the then applicable prevailing rates and charges, unless written notice
of cancellation is received from User at least 30 days prior to the beginning of
the next billable period.
-2- Charges for services are payable 30 days prior to the beginning
of each billable period. Failure to pay in no way relieves the user's obligation
to make full payment. User hereby agrees to pay any and all attorney fees, court
costs, and related expenses incurred by Blue 105 in the collection of any amount
due to it.
-3- Blue 105 may, at any time, amend the rates and or charges
for any future server usage and/or services.
-4- User agrees to use all Blue 105 services and facilities at
User's own risk. Blue 105 specifically disclaims any and all warranties, representations,
conditions, other terms or other obligations (express or implied) including but
not limited to implied warranties and/or conditions of merchantability and fitness
for a particular purpose regarding Blue 105 Services. Blue 105 neither assumes nor
authorizes any other person or entity to assume for Blue 105 (or any related or
affiliated entity) any other liability in connection with Blue 105 Services. In
no event will Blue 105 be liable for any incidental, consequential (including loss
of profits), or special damages or any loss of data or other damages resulting from
the order, use of or inability to use Blue 105 services, even if Blue 105 has been
advised of the possibility of such damages or loss. In any event Blue 105's entire
liability to user shall be limited to the amount actually paid for Blue 105 services.
-5- User agrees to protect and indemnify Blue 105 against any
and all liability, loss, or expense arising from claims of libel, unfair competition,
unfair trademarks, trade names or patents, violations of rights and privacy and
infringement of copyrights and property resulting from User's use of Blue 105 services.
-6- Blue 105 reserves the right to cancel any account, at any
time, without notice, for any reason Blue 105 considers appropriate. Use of the
e-mail system to send unsolicited e-mail or Usenet postings is specifically not
allowed from any Blue 105 account. At Blue 105's discretion, access to Blue 105's
Internet Account may be revoked at any time for abusive conduct on the system and/or
the Internet and its resources as a whole.
-7- User is solely responsible for usage of Blue 105 Services
and any statement User makes on Blue 105's system may be deemed a "publication"
of the information entered. Acknowledging the foregoing, User specifically agrees
not to use Blue 105's service in any manner that is illegal, libelous, or against
any Blue 105 policy or any applicable law.
-8- The minimum contract length is one (1) month. Payments shall
be made as indicated in the purchase order form. Blue 105 also reserves the right
to cancel any services/account without notice for reasons it sees as fit and just.
-9- Blue 105 warrants to respect a 30 day money back guarantee
on refund requests it sees as valid and warranted. The guarantee starts on the date
indicated in this agreement.
-10- The billable service period begins on the date the services
were ordered.
-11- This Agreement shall be governed by and interpreted in accordance
with the laws of the State of California, United States of America, and the courts
of the judicial district of the County of Los Angeles shall have exclusive jurisdiction
in respect of any proceeding in connection with this Agreement.
-12- THE ACCOUNTS AND BILLING INFORMATION ON THE ORDER PAGE
APPLY TO THIS SERVICE AGREEMENT.
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