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NetResult Web Marketing - Service Agreement
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(Please print a copy for your records)
Service Agreement last revised 5/4/16

This is an "Implied Agreement," meaning that if you (the Client) begin to use, or continue to use, NetResult Web Marketing services (Work Product), defined as Web hosting, Web page design, graphic design, Internet marketing, database development, eCommerce services, or translation services, you are agreeing to the terms of the Service Agreement.

This agreement is required to obtain and maintain service with NetResult Web Marketing, to help prevent misunderstandings, and to provide the framework for legal recourse in the event of a dispute. If any litigation or legal issues arise regarding services rendered by NetResult Web Marketing, or its associates, these will commence in the jurisdiction of Cowlitz County, Washington, USA.

Acceptance of this Service Agreement is required for an account to be setup with NetResult Web Marketing. By providing your down-payment for hosting services, Web design, Internet marketing, or other services, you indicate that you have read and understand this Service Agreement in its entirety, and agree to be bound by its content.

This contract supersedes any written, electronic, or oral communication you may have with NetResult Web Marketing, and constitutes the complete and total agreement between the parties. This Service Agreement does allow separate Copyright Ownership Agreements and separate Work For Hire Agreements.

Failure of Client to comply with this Agreement, or any such NetResult Web Marketing regulations or conditions, shall entitle NetResult Web Marketing to (1) terminate the clients account, or (2) suspend access of clients account. Violation of any of the conditions of this contract may result in the immediate termination of your services with NetResult Web Marketing. Criminal or civil prosecution may result in extreme cases.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT PERMITTED TO USE THE SERVICES OF NETRESULT WEB MARKETING, and are urged to contact NetResult Web Marketing to initiate closing of your account.

ADULT CONTENT & GAMBLING SITES ARE STRICTLY PROHIBITED. Pornography, sex-related merchandising and gambling is prohibited on all NetResult Web Marketing servers. This includes sites that may infer sexual content, and links to adult content elsewhere. NetResult Web Marketing will be the sole arbiter in determining violations of this provision.

Unlimited Traffic
To maintain the integrity of our service, the following restrictions apply:

  • Multiple hosts resolving at an IP or domain name that we provide
  • Sites offering download files where 20% or more of their monthly traffic is from file downloads
  • Sites using more than 20% of system resources
  • Clients are not allowed to install their own chat rooms. These tend to be a large drain on system resources, therefore are not allowed.
  • NetResult Web Marketing will be the sole arbiter as to what constitutes a violation of this provision

IRC
NetResult Web Marketing currently does not allow IRC or IRC bots to be operated on our servers.

Refusal of Service
NetResult Web Marketing reserves the right to refuse, cancel, or suspend service at our sole discretion.

System Security
Client agrees not to maliciously or intentionally interfere with the proper operation of the system, including but not limited to defeating identification procedures, obtaining access beyond that which you are authorized for, and impairing the availability, reliability, or quality of service for other customers. Client further agrees not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access.

Client agrees that the security of your account or server is part of your responsibility. Client further agrees that if you believe the security of your account or server has been compromised in any way, you will notify NetResult Web Marketing immediately. You agree that if you become aware of misuse of your account or server, and do not notify NetResult Web Marketing, you will be held responsible for that misuse.

Spamming
Client agrees not to transmit unsolicited or prohibited advertising through electronic mail or inappropriate Usenet postings. Client agrees that the use of NetResult Web Marketing services for unsolicited mass mailings or postings commonly known as "spam" will cause your services to be terminated immediately and without warning, and that you will be held legally responsible for any damages, as well as a $15.00 per hour fee for reading the complaints which may arise. NetResult Web Marketing will be the sole arbiter as to what constitutes a violation of this provision.

Privacy
Client agrees that NetResult Web Marketing has the right and responsibility to fully cooperate in any legal investigation regarding any aspect of its services, including services sold to you. Client agrees to supply a current and truthful name, postal address, and telephone number for the records of NetResult Web Marketing. NetResult Web Marketing agrees not to sell or donate its mailing list to any other company.

Backup
NetResult Web Marketing will maintain a backup copy of Web pages it designs, but cannot be held responsible for the loss of data in eCommerce and email programs it provides. The servers are backed up on a daily basis.

Definitions

A. "Client Properties" shall mean all text, pictures, sound, graphics, video and other data supplied by Client to NetResult Web Marketing.

B. "Developer Properties" shall mean the Work Product, except for the Client Properties.

C. "Work Product" shall mean all HTML and/or JAVA files, JavaScript, graphics files, animation files, data files, technology, scripting and programming, all documentation, and each and every deliverable developed by NetResult Web Marketing, or its associates, and delivered to Client in accordance with the terms and conditions of this Agreement, excluding Client Properties.


 
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Warranties

The services of NetResult Web Marketing may only be used for lawful purposes. Transmission or solicitation of material which violates laws in the jurisdiction of Cowlitz County, Washington, or your local area, is prohibited. This includes material which NetResult Web Marketing judges to be threatening or obscene, harassing, libelous, or in violation of intellectual property laws. Links to such materials are also prohibited.

NetResult Web Marketing warrants that the Work Product does not and will not knowingly: (a) violate any law or regulation, including, without limitation, the laws and regulations governing export control; (b) be defamatory or trade libelous; (c) be pornographic or obscene; or (d) contain any viruses, Trojan horses, worms, time bombs or other computer programming devices which are intended to damage a user's system or data, or prevent the use from using same.

Client warrants that the Client Properties do not and will not knowingly: (a) violate any law or regulation, including, without limitation, the laws and regulations governing export control; (b) be defamatory or trade libelous; (c) be pornographic or obscene; or (d) contain any viruses, Trojan horses, worms, time bombs or other computer programming devices which are intended to damage a user's system or data, or prevent the use from using same.

Client further warrants that (a) Client has all rights necessary for the production, distribution, exhibition and exploitation of the Client Properties as part of the Work Product consistent with the license granted in this Agreement; and (b) there is no outstanding contract, commitment or agreement to which Client is a party of legal impediment of any kind known to Client which conflicts this Agreement or might limit, restrict or impair the rights granted hereunder.


   
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Ownership

NetResult Web Marketing will at all times be and remain the sole and exclusive owner of the Developer Properties, defined herein as any property, in any format used in or made part of the Work Product which is not provided by the Client or a Third Party. Client will not sublicense, rent, reverse engineer, decompile or disassemble the Developer Properties. Client is allowed to modify text and images, and add, edit, or delete database data, on the Web pages of their domain, as the need may warrant.

NetResult Web Marketing will provide, as an Independent Contractor to the Client, the Web site design, development, programming and other consulting services to create the Work Product, all as set forth in each statement of work (Estimate), or modifications to each statement of work, agreed to by the parties from time to time.

Client Properties
The Client will at all times be and remain the sole and exclusive owner of Client Properties.

Third Parties' Properties
A typical Web site is often a collage of components often owned by multiple parties. This may be audio as well as video in nature, and components included in a Web site, and which cause the Web site to appear on a computer screen are likely to include the intellectual property of several parties. Nothing shall cause or imply any sale, license, or other transfer of proprietary rights of, or in any third party software, or products from a third party to NetResult Web Marketing or the Client, unless agreed to, established in writing, in a separate Agreement.

Copyright Ownership
Copyright ownership of the Work Product remains with NetResult Web Marketing, unless specifically transferred to Client, or Third Party, through a separate Copyright Ownership Agreement.


   
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Financial Arrangements

a) Client agrees to this month-to-month Contract for hosted services, and establishes such Agreement by initiating an account to be set up for Client.

b) Client will be billed on a monthly basis for Web hosting services, according to the mega-byte size allotted to Client on servers of NetResult Web Marketing. The monthly hosting fee is payable in advance, on the first of each month, and shall be paid by credit card.

Account Size: 5MB 10MB 15MB 25MB 50MB 100MB
Monthly Hosting Fee: $14.95 $17.95 $19.95 $22.95 $39.95 $59.95

c) The eCommerce shopping cart programs offered through NetResult Web Marketing are billed as a separate entity from the mega-byte size Web hosting fees:

PayPal:

PayPal services billed according to the current PayPal rates.

d) Monthly fees will be automatically billed to Clients credit card for each month on the first of each month for hosting services. Client will receive a receipt of payment from NetResult Web Marketing.

e) Credit card/debit card/check processing fees, other bank fees and service fees are billed to the Client by their acquiring financial institutions/Corporate service.

f) This Agreement will automatically renew for successive single month periods unless canceled in writing by Client, prior to the monthly renewal date. Renewal prices are subject to change. Renewal of services by Client indicates agreement to Contract revisions.

g) Payment of new Web site projects: Upon Clients approval of the Estimate provided by NetResult Web Marketing, Client agrees to pay in advance 50 percent of estimated project costs, and the balance paid in full of all estimated Web site costs upon completion of project. Client will receive a receipt of payment from NetResult Web Marketing.

h) Additional Web site changes, or additional Internet marketing, may be charged to Client's credit card* for payment upon completion of changes or marketing work. Client will receive a receipt of payment from NetResult Web Marketing.


   
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Internet Etiquette

a) Users of Internet and electronic forums should be considerate of the expectation and sensitivities of others on the network when posting material for electronic distribution. The network resources may not be used to impersonate another person or misrepresent authorization to act on behalf of others or NetResult Web Marketing. All messages transmitted via NetResult Web Marketing's services should correctly identify the sender; users may not alter the attributes of origin in electronic mail messages or postings. Users must not attempt to undermine the security or integrity of computing systems or networks, and must not attempt to gain unauthorized access.

b) Due to the public nature of the Internet, all information should be considered publicly accessible, and private information should be treated in a secure manner so as to retain privacy. NetResult Web Marketing is not liable for protection or privacy of electronic mail or other information transferred through the Internet, or any other network provider or which its customers utilize.

c) Use of distribution lists via unsolicited electronic mail is strictly prohibited. NetResult Web Marketing reserves the right to deactivate the client's server account(s) upon any indication of such activity. In such case, NetResult Web Marketing is not responsible for saving or returning any data, files or directories stored on the server for/to the client.


   
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Termination

a) This Service Agreement may be terminated by either party, without cause, by giving the other party 14 days written notice. Yet, NetResult Web Marketing may terminate Client's service under this Service Agreement at any time, without penalty, without prior notice, if Client fails to comply with the terms of this Service Agreement. Depending on the circumstances, NetResult Web Marketing may issue a warning, suspend a Clients account, or terminate the account—without notice or refund.

b) NetResult Web Marketing reserves the right to cancel service, for any reason, without prior notice. In the case of a Client request for cancellation, unused fees for the current month will not be refunded, nor pro-rated. Again, Clients must notify NetResult Web Marketing in writing to cancel service. Notification may be done by email, or writing to:

NetResult Web Marketing
230 S Toutle Rd
Toutle, WA 98649
U.S.A.

c) In the event that it becomes necessary for NetResult Web Marketing to enforce the terms of the Service Agreement, NetResult Web Marketing shall be entitled to reimbursement of all reasonable costs and expenses of enforcement, including collection fees, court costs, and attorney's fees.


   
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Limited Liability

a) Client agrees that the use of the services of NetResult Web Marketing is at the Client's sole risk. NetResult Web Marketing, and it's affiliates, cannot warrant that it's 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 their services.

b) Client agrees that any material submitted for publication by NetResult Web Marketing through the Client's account(s) will not contain anything leading to an abusive or unethical use of the server. Abusive or unethical material includes, but is not limited to: pornography, obscenity, nudity, violations of privacy, computer viruses, harassing and harmful material, illegal activity, material advocating illegal activity, and infringement of privacy, or libel. NetResult Web Marketing may or may not give notice before deactivating the use of an account which it decides is an abusive, unethical use of, or potentially illegal use of the server account.. In such case, NetResult Web Marketing is not responsible for saving or returning any data, files or directories stored on the server for/to the client.

c) Client agrees to indemnify and hold harmless NetResult Web Marketing, and it's affiliates, from any injurious or damaging claim resulting from publication of the Client's material. Client agrees to indemnify and hold harmless NetResult Web Marketing, and it's affiliates, for any claim resulting from the submission of illegal materials.

d) Under no circumstances shall NetResult Web Marketing, or it's affiliates, who are involved in creating, producing, or distributing Internet services be liable for any direct, indirect, incidental, special, or consequential damages that result from mistakes, omissions, interruptions, deletion, or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of God, war, terrorism, communication failure, theft, destruction, or unauthorized access to records, programs, or services. NetResult Web Marketing will maintain a backup copy of Web pages it designs, but cannot be held responsible for the loss of data in eCommerce and email programs it provides.

e) NetResult Web Marketing is not responsible for advisement on taxes, legal advisement, nor tradename research. The Client and/or domain name owner is responsible for these.

f) The Client, not NetResult Web Marketing is responsible for domain name conflicts arising from trademark disputes. NetResult Web Marketing recommends Clients have a trademark search done before registration of new domain names. For more information regarding trademark usage see:


   
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Indemnification

You agree to indemnify and hold harmless NetResult Web Marketing in any legal action which arises as a result of your use of its services, and it's affiliate's services, without limitation or exception. This includes any loss you suffer, including, but not limited to, loss resulting from service delays and incomplete or interrupted service, regardless of cause. NetResult Web Marketing agrees that a complete service interruption (your Web site hosted by NetResult Web Marketing is offline) in excess of 24 hours, may justify a refund or credit to its customers for the appropriate amount, but that no further compensation will be made. Scheduled outings and account suspensions do not count towards this refund policy.

Client agrees that it shall defend, indemnify, and hold NetResult Web Marketing harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorneys' fees, asserted against NetResult Web Marketing, and it's affiliates, that may arise or result from any service provided or performed, or agreed to be performed, or any product or service sold by client or it's employees or affiliates. This includes:

  1. Any injury to person or property caused by any products or services sold or otherwise distributed in connection the NetResult Web Marketing's service
  2. Any material supplied by client infringing on the proprietary rights of a third party
  3. Copyright infringement
  4. Trademark infringement
  5. Any defective product which client sold through server provided by NetResult Web Marketing

This Service Agreement embodies the entire understanding of the parties involved. Any changes or modifications to the Contract are agreed to by both parties upon renewal of services.

NetResult Web Marketing may modify this Service Agreement at any time.


Service Agreement last revised 5/4/16

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