Terms and Conditions
This Services Agreement (the “Agreement”) contains the complete terms and conditions which govern your subscription of Web hosting and other Internet-related services provided by IndoWeblog (the “Services”). As used in this Agreement, “IndoWeblog ” means IndoWeblog and “Client”, “you”, or “your” means you. By clicking on the “Submit Order” button, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the IndoWeblog site. As referred to in this Agreement, “Site” refers to a World Wide Web site and “IndoWeblog Site” refers to the Site located at the URL http://www.indoweblog.com
1. APPROPRIATE USE OF THE SERVICES.
IndoWeblog provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services.
Client Content. Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client – or through Client by a third party – to any IndoWeblog service in connection with Client’s use of the Services which:
- violate any state, federal or foreign laws or regulations;
- infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights) of IndoWeblog or any third party;
- are defamatory, slanderous or trade libelous;
- are threatening or harassing;
- are discriminatory based on gender, race, age or promotes hate;
- violate any IndoWeblog policy posted on the IndoWeblog Site including, but not limited to, our Acceptable Use, UCE (SPAM) Policy, and CGI Abuse Policy.
- contain viruses or other computer programming defects which result in damage to IndoWeblog , it’s property, or servers, or any third party.Shell Access. IndoWeblog does not offer shell or telnet access.Bandwidth. Client may occupy an unlimited amount of disk space on the IndoWeblog servers and utilize unlimited bandwidth on the condition that the use is solely for educational purposes and does not constitute abuse of the system with intent to impinge on IndoWeblog servers. IndoWeblog will be the sole arbiter in determining educational use and what constitutes abuse of the system.
No “SPAM”. Client shall not use the Services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Client also shall not engage in any unsolicited spam practices at IndoWeblog , or otherwise, that mentions or reference any domain hosted on IndoWeblog ’s servers or parked on IndoWeblog ’s DNS servers.
Licensed Software Only. Client agrees to use only properly licensed third party software in connection with Client’s use of the Services.
Termination. IndoWeblog reserves the right to refuse service to anyone. IndoWeblog , in its sole discretion, may immediately terminate this Agreement if Client engages in any of the foregoing. To report any unacceptable behavior by a third party using the Services, please contact admin@blogwins.com.
2. PAYMENT OBLIGATIONS
Service fees will be due on the first day of every month after the original signup date. IndoWeblog shall be entitled to immediately terminate this Agreement for Client’s failure to make timely payments to IndoWeblog .If Client terminates this Agreement in accordance with Section 4 hereunder, Client shall be responsible for any outstanding fees owed to IndoWeblog and agrees to pay any and all fees incurred by Client.Customer also shall pay to IndoWeblog all expenses incurred by IndoWeblog in exercising any of its rights under this Agreement or applicable law with respect to a Payment Default or other breach by Customer, including, but not limited to, reasonable solicitor fees and the fees of any collection agency retained by IndoWeblog.Taxes. Customer will be responsible for and will pay in full, any taxes and similar fees now in force or enacted in the future imposed on the transaction and/or the delivery of Services.
Domain Names. If Client chooses to register a domain name(s) through IndoWeblog , Client acknowledges and agrees that Client will pay a registration fee(s) to register the domain name(s). IndoWeblog does not offer refunds for domain name registrations for any reason, including misspelling of the domain name.
3. CLIENT LIABILITY AND INDEMNIFICATION
The parties agree that in no event shall IndoWeblog be liable to any third party for Client’s breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless IndoWeblog from any and all expenses, losses, liabilities, damages or third party claims resulting from Client’s breach or alleged breach of any Client obligations set forth hereunder.
4. TERM, TERMINATION & REINSTATEMENT
Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect on a month-to-month basis unless otherwise specified by separate agreement (the “Term”) unless terminated earlier pursuant to the provisions of this Section 4. Either party will have the right to terminate this Agreement upon notice to the other party.If IndoWeblog suspends an account for non-payment, Client shall be allowed to re-instate Client’s use of the Services within Five (5) business days of cancellation upon approval from IndoWeblog and full payment of balances due.If a Client terminates their account, IndoWeblog will disable the service/account within twentyfour(24) hours the client specifies the account is cancelled. IndoWeblog will not maintain an archival copy of the Clients Web site or files. It is the responsibility of the Client to remove any data off the server prior to the date provided in their cancellation notice.
5. TAXES
Client will pay and indemnify and hold IndoWeblog harmless from any and all taxes associated with or arising from Client’s use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.
6. DISCLAIMER OF WARRANTY
THE SERVICES, THE INDOWEBLOG SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE INDOWEBLOG SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN ‘AS IS’ BASIS AND WITHOUT WARRANTY OF ANY KIND. INDOWEBLOG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, INDOWEBLOG SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.
7. LIMITATION OF LIABILITY
IN NO EVENT SHALL INDOWEBLOG BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE INDOWEBLOG SITE OR ANY INDOWEBLOG PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL INDOWEBLOG CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN FIVE HUNDRED DOLLARS (USD).
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by IndoWeblog . Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys’ fees. This Agreement is made under and shall be governed by the laws of the United States of America, except with regard to it’s conflict of law rules. This Agreement and IndoWeblog ’s policies are subject to change by IndoWeblog without notice. Continued usage of the Services after a change to this Agreement by IndoWeblog or after a new policy is implemented and posted on the IndoWeblog Site constitutes your acceptance of such change or policy. You are encouraged to regularly check the IndoWeblog Site for any changes or additions.
