WHEREAS, ArrowWeb, Inc. is an information provider connected to the Internet. ArrowWeb, Inc. offers storage and transfer services over the Internet through access to its Web Server;
WHEREAS, Client seeks to utilize ArrowWeb, Inc.'s server for its own purposes;
WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, ArrowWeb, Inc. can make no guarantee that any given reader shall be able to access ArrowWeb, Inc.'s server at any given time. ArrowWeb, Inc. represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible;
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;
I. Financial Arrangements:
1. Client agrees to a monthly/yearly contract, beginning upon ArrowWeb, Inc.'s receipt by fax, mail or express mail. ArrowWeb, Inc. will not accept contracts by electronic mail.
2. First month/year's payment plus setup charges, if any, shall be due upon receipt of contract.
3. This agreement will automatically renew unless canceled in writing 20 days prior to the monthly/yearly renewal date. Renewal prices are subject to change. Renewal of services by Client indicates agreement to Contract revisions.
II. Taxes:
ArrowWeb, Inc. shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client or ArrowWeb, Inc.'s server. Client agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.
III. Material and Products:
1. Client will provide ArrowWeb, Inc. with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of ArrowWeb, Inc.. ArrowWeb, Inc. shall make no effort to validate this information for content, correctness or usability.
2. Use of ArrowWeb, Inc.'s service requires a certain level of knowledge in the use Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Client's Webspace by the Client.
The following examples are offered:
Web Publishing: requires a knowledge of HTML, properly locating and linking documents, FTPing Webspace contents, Graphics, text, Sound, imagemapping, etc. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc. Autoresponders: a knowledge of mReply autoresponder, forwarding mail, use of mail clients to recieve mail, etc.
The Client agrees that he or she has the necessary knowledge to create Client's Webspace. Client agrees that it is not the responsibility of ArrowWeb, Inc. to provide this knowledge or Customer Support outside of the defined service of ArrowWeb, Inc..
3. ArrowWeb, Inc. exercises no control whatsoever over the content of the information passing through the network . ArrowWeb, Inc. makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. ArrowWeb, Inc. also disclaims any warranty of merchant- ability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Client. Use of any information obtained by way of ArrowWeb, Inc. is at the Client's own risk, and ArrowWeb, Inc. specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of avail- able end to end bandwidth. ArrowWeb, Inc. expressly limits its damages to the Client for any non-accessibility time or other down time to the pro- rata monthly charge during the system unavailability. ArrowWeb, Inc. specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not "Server-ready", ArrowWeb, Inc. may, at its option and at any time, reject this material, including but not limited to after it has been put on ArrowWeb, Inc.'s Server. ArrowWeb, Inc. agrees to notify Client immediately of its refusal of the material and afford Client the opportunity to amend or modify the material to satisfy the needs and/or requirements of ArrowWeb, Inc.. If the Client fails to modify the material, as directed by ArrowWeb, Inc., within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be deemed to be terminated.
IV. Trademarks & Copyrights:
Client warrants that it has the right to use the applicable trademarks, if any, and grants ArrowWeb, Inc. the right to use such trademarks in connection with ArrowWeb, Inc.'s Server service.
V. Hardware, Equipment & Software:
The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access ArrowWeb, Inc.. ArrowWeb, Inc. makes no representations, warranties or assurances that the Customer's equipment will be compatible with the ArrowWeb, Inc. service.
VI. Age:
The Customer certifies that he or she is at least 18 years of age.
VII. Internet Etiquette:
Electronic forums such as mail distribution lists and Use Net news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of ArrowWeb, Inc. may not be used to impersonate another person or misrepresent authorization to act on behalf of others or ArrowWeb, Inc.. All messages transmitted via ArrowWeb, Inc. should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access.
VIII. Termination:
This Agreement may be terminated by either party, without cause, by giving the other party 20 days written notice. Notwithstanding the above, ArrowWeb, Inc. may terminate service under this Agreement at any time, without penalty, if the Client fails to comply with the terms of this Agreement.
IX. Limited Liability:
1. Client expressly agrees that use of ArrowWeb, Inc.'s Server is at Client's sole risk. Neither ArrowWeb, Inc., its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that ArrowWeb, Inc.'s Server 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 the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the ArrowWeb, Inc. Server service, unless otherwise expressly stated in this Agreement.
2. Under no circumstances, including negligence, shall ArrowWeb, Inc., its offices, agents or any one else involved in creating, producing or distributing ArrowWeb, Inc.'s Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the ArrowWeb, Inc. Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to ArrowWeb, Inc.'s records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on ArrowWeb, Inc.'s Server service.
3. Notwithstanding the above, Client's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of this Agreement and any reasonable attorney's fee and court costs.
X. Lawful Purpose:
Client may only use ArrowWeb, Inc.'s Server for lawful purpose. Trans- mission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets. ArrowWeb, Inc. expressly forbids anyone from using ArrowWeb, Inc.'s servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable, including, but not limited to, pornography, satanic materials, and any and all materials of an adult nature. This also includes links or any connection to such materials. The designation of any materials as such described above is left entirely to the discretion of the ArrowWeb, Inc. management.
XI. Identification:
Client agrees that it shall defend, identify, save and hold ArrowWeb, Inc. harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against ArrowWeb, Inc., its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless ArrowWeb, Inc. against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with ArrowWeb, Inc.'s Server; (ii) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold on ArrowWeb, Inc. Server.
XII. Contract Revisions:
Revisions to this Contract will be applicable to previous Contracts. Revisions will be considered agreed to by the Client on renewal of ArrowWeb, Inc.. Services as specified in Section I. Financial Arrangements.
XIII. Content Clause:
Client agrees not to publish adult-related, pornographic, or otherwise publicly offensive material using ArrowWeb, Inc.'s server. All content is subject to denial at any time on the basis of controversial media.
This Agreement constitutes the entire understanding of the parties. Any changes or modifications to this Contract thereto are agreed to by the both parties upon renewal of services.
This Agreement shall be governed and construed in accordance with the laws of the State of Colorado and of the Internet.
Click "Next Page" if you agree with these Terms of Service.. exercises no control whatsoever over the content of the information passing through the network . ArrowWeb, Inc. makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. ArrowWeb, Inc. also disclaims any warranty of merchant- ability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Client. Use of any information obtained by way of ArrowWeb, Inc. is at the Client's own risk, and ArrowWeb, Inc. specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of avail- able end to end bandwidth. ArrowWeb, Inc. expressly limits its damages to the Client for any non-accessibility time or other down time to the pro- rata monthly charge during the system unavailability. ArrowWeb, Inc. specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not "Server-ready", ArrowWeb, Inc. may, at its option and at any time, reject this material, including but not limited to after it has been put on ArrowWeb, Inc.'s Server. ArrowWeb, Inc. agrees to notify Client immediately of its refusal of the material and afford Client the opportunity to amend or modify the material to satisfy the needs and/or requirements of ArrowWeb, Inc.. If the Client fails to modify the material, as directed by ArrowWeb, Inc., within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be deemed to be terminated.
IV. Trademarks & Copyrights:
Client warrants that it has the right to use the applicable trademarks, if any, and grants ArrowWeb, Inc. the right to use such trademarks in connection with ArrowWeb, Inc.'s Server service.
V. Hardware, Equipment & Software:
The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access ArrowWeb, Inc.. ArrowWeb, Inc. makes no representations, warranties or assurances that the Customer's equipment will be compatible with the ArrowWeb, Inc. service.
VI. Age:
The Customer certifies that he or she is at least 18 years of age.
VII. Internet Etiquette:
Electronic forums such as mail distribution lists and Use Net news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of ArrowWeb, Inc. may not be used to impersonate another person or misrepresent authorization to act on behalf of others or ArrowWeb, Inc.. All messages transmitted via ArrowWeb, Inc. should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access.
VIII. Termination:
This Agreement may be terminated by either party, without cause, by giving the other party 20 days written notice. Notwithstanding the above, ArrowWeb, Inc. may terminate service under this Agreement at any time, without penalty, if the Client fails to comply with the terms of this Agreement.
IX. Limited Liability:
1. Client expressly agrees that use of ArrowWeb, Inc.'s Server is at Client's sole risk. Neither ArrowWeb, Inc., its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that ArrowWeb, Inc.'s Server 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 the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the ArrowWeb, Inc. Server service, unless otherwise expressly stated in this Agreement.
2. Under no circumstances, including negligence, shall ArrowWeb, Inc., its offices, agents or any one else involved in creating, producing or distributing ArrowWeb, Inc.'s Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the ArrowWeb, Inc. Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to ArrowWeb, Inc.'s records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on ArrowWeb, Inc.'s Server service.
3. Notwithstanding the above, Client's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of this Agreement and any reasonable attorney's fee and court costs.
X. Lawful Purpose:
Client may only use ArrowWeb, Inc.'s Server for lawful purpose. Trans- mission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets. ArrowWeb, Inc. expressly forbids anyone from using ArrowWeb, Inc.'s servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable, including, but not limited to, pornography, satanic materials, and any and all materials of an adult nature. This also includes links or any connection to such materials. The designation of any materials as such described above is left entirely to the discretion of the ArrowWeb, Inc. management.
XI. Identification:
Client agrees that it shall defend, identify, save and hold ArrowWeb, Inc. harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against ArrowWeb, Inc., its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless ArrowWeb, Inc. against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with ArrowWeb, Inc.'s Server; (ii) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold on ArrowWeb, Inc. Server.
XII. Contract Revisions:
Revisions to this Contract will be applicable to previous Contracts. Revisions will be considered agreed to by the Client on renewal of ArrowWeb, Inc.. Services as specified in Section I. Financial Arrangements.
XIII. Content Clause:
Client agrees not to publish adult-related, pornographic, or otherwise publicly offensive material using ArrowWeb, Inc.'s server. All content is subject to denial at any time on the basis of controversial media.
This Agreement constitutes the entire understanding of the parties. Any changes or modifications to this Contract thereto are agreed to by the both parties upon renewal of services.
This Agreement shall be governed and construed in accordance with the laws of the State of Colorado and of the Internet.
Click "Next Page" if you agree with these Terms of Service.. exercises no control whatsoever over the content of the information passing through the network . ArrowWeb, Inc. makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. ArrowWeb, Inc. also disclaims any warranty of merchant- ability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Client. Use of any information obtained by way of ArrowWeb, Inc. is at the Client's own risk, and ArrowWeb, Inc. specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of avail- able end to end bandwidth. ArrowWeb, Inc. expressly limits its damages to the Client for any non-accessibility time or other down time to the pro- rata monthly charge during the system unavailability. ArrowWeb, Inc. specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not "Server-ready", ArrowWeb, Inc. may, at its option and at any time, reject this material, including but not limited to after it has been put on ArrowWeb, Inc.'s Server. ArrowWeb, Inc. agrees to notify Client immediately of its refusal of the material and afford Client the opportunity to amend or modify the material to satisfy the needs and/or requirements of ArrowWeb, Inc.. If the Client fails to modify the material, as directed by ArrowWeb, Inc., within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be deemed to be terminated.
IV. Trademarks & Copyrights:
Client warrants that it has the right to use the applicable trademarks, if any, and grants ArrowWeb, Inc. the right to use such trademarks in connection with ArrowWeb, Inc.'s Server service.
V. Hardware, Equipment & Software:
The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access ArrowWeb, Inc.. ArrowWeb, Inc. makes no representations, warranties or assurances that the Customer's equipment will be compatible with the ArrowWeb, Inc. service.
VI. Age:
The Customer certifies that he or she is at least 18 years of age.
VII. Internet Etiquette:
Electronic forums such as mail distribution lists and Use Net news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of ArrowWeb, Inc. may not be used to impersonate another person or misrepresent authorization to act on behalf of others or ArrowWeb, Inc.. All messages transmitted via ArrowWeb, Inc. should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access.
VIII. Termination:
This Agreement may be terminated by either party, without cause, by giving the other party 20 days written notice. Notwithstanding the above, ArrowWeb, Inc. may terminate service under this Agreement at any time, without penalty, if the Client fails to comply with the terms of this Agreement.
IX. Limited Liability:
1. Client expressly agrees that use of ArrowWeb, Inc.'s Server is at Client's sole risk. Neither ArrowWeb, Inc., its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that ArrowWeb, Inc.'s Server 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 the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the ArrowWeb, Inc. Server service, unless otherwise expressly stated in this Agreement.
2. Under no circumstances, including negligence, shall ArrowWeb, Inc., its offices, agents or any one else involved in creating, producing or distributing ArrowWeb, Inc.'s Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the ArrowWeb, Inc. Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to ArrowWeb, Inc.'s records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on ArrowWeb, Inc.'s Server service.
3. Notwithstanding the above, Client's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of this Agreement and any reasonable attorney's fee and court costs.
X. Lawful Purpose:
Client may only use ArrowWeb, Inc.'s Server for lawful purpose. Trans- mission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets. ArrowWeb, Inc. expressly forbids anyone from using ArrowWeb, Inc.'s servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable, including, but not limited to, pornography, satanic materials, and any and all materials of an adult nature. This also includes links or any connection to such materials. The designation of any materials as such described above is left entirely to the discretion of the ArrowWeb, Inc. management.
XI. Identification:
Client agrees that it shall defend, identify, save and hold ArrowWeb, Inc. harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against ArrowWeb, Inc., its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless ArrowWeb, Inc. against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with ArrowWeb, Inc.'s Server; (ii) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold on ArrowWeb, Inc. Server.
XII. Contract Revisions:
Revisions to this Contract will be applicable to previous Contracts. Revisions will be considered agreed to by the Client on renewal of ArrowWeb, Inc.. Services as specified in Section I. Financial Arrangements.
XIII. Content Clause:
Client agrees not to publish adult-related, pornographic, or otherwise publicly offensive material using ArrowWeb, Inc.'s server. All content is subject to denial at any time on the basis of controversial media.
This Agreement constitutes the entire understanding of the parties. Any changes or modifications to this Contract thereto are agreed to by the both parties upon renewal of services.
This Agreement shall be governed and construed in accordance with the laws of the State of Colorado and of the Internet.
Click "Next Page" if you agree with these Terms of Service.. exercises no control whatsoever over the content of the information passing through the network . ArrowWeb, Inc. makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. ArrowWeb, Inc. also disclaims any warranty of merchant- ability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Client. Use of any information obtained by way of ArrowWeb, Inc. is at the Client's own risk, and ArrowWeb, Inc. specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of avail- able end to end bandwidth. ArrowWeb, Inc. expressly limits its damages to the Client for any non-accessibility time or other down time to the pro- rata monthly charge during the system unavailability. ArrowWeb, Inc. specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not "Server-ready", ArrowWeb, Inc. may, at its option and at any time, reject this material, including but not limited to after it has been put on ArrowWeb, Inc.'s Server. ArrowWeb, Inc. agrees to notify Client immediately of its refusal of the material and afford Client the opportunity to amend or modify the material to satisfy the needs and/or requirements of ArrowWeb, Inc.. If the Client fails to modify the material, as directed by ArrowWeb, Inc., within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be deemed to be terminated.
IV. Trademarks & Copyrights:
Client warrants that it has the right to use the applicable trademarks, if any, and grants ArrowWeb, Inc. the right to use such trademarks in connection with ArrowWeb, Inc.'s Server service.
V. Hardware, Equipment & Software:
The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access ArrowWeb, Inc.. ArrowWeb, Inc. makes no representations, warranties or assurances that the Customer's equipment will be compatible with the ArrowWeb, Inc. service.
VI. Age:
The Customer certifies that he or she is at least 18 years of age.
VII. Internet Etiquette:
Electronic forums such as mail distribution lists and Use Net news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of ArrowWeb, Inc. may not be used to impersonate another person or misrepresent authorization to act on behalf of others or ArrowWeb, Inc.. All messages transmitted via ArrowWeb, Inc. should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access.
VIII. Termination:
This Agreement may be terminated by either party, without cause, by giving the other party 20 days written notice. Notwithstanding the above, ArrowWeb, Inc. may terminate service under this Agreement at any time, without penalty, if the Client fails to comply with the terms of this Agreement.
IX. Limited Liability:
1. Client expressly agrees that use of ArrowWeb, Inc.'s Server is at Client's sole risk. Neither ArrowWeb, Inc., its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that ArrowWeb, Inc.'s Server 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 the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the ArrowWeb, Inc. Server service, unless otherwise expressly stated in this Agreement.
2. Under no circumstances, including negligence, shall ArrowWeb, Inc., its offices, agents or any one else involved in creating, producing or distributing ArrowWeb, Inc.'s Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the ArrowWeb, Inc. Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to ArrowWeb, Inc.'s records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on ArrowWeb, Inc.'s Server service.
3. Notwithstanding the above, Client's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of this Agreement and any reasonable attorney's fee and court costs.
X. Lawful Purpose:
Client may only use ArrowWeb, Inc.'s Server for lawful purpose. Trans- mission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets. ArrowWeb, Inc. expressly forbids anyone from using ArrowWeb, Inc.'s servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable, including, but not limited to, pornography, satanic materials, and any and all materials of an adult nature. This also includes links or any connection to such materials. The designation of any materials as such described above is left entirely to the discretion of the ArrowWeb, Inc. management.
XI. Identification:
Client agrees that it shall defend, identify, save and hold ArrowWeb, Inc. harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against ArrowWeb, Inc., its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless ArrowWeb, Inc. against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with ArrowWeb, Inc.'s Server; (ii) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold on ArrowWeb, Inc. Server.
XII. Contract Revisions:
Revisions to this Contract will be applicable to previous Contracts. Revisions will be considered agreed to by the Client on renewal of ArrowWeb, Inc.. Services as specified in Section I. Financial Arrangements.
XIII. Content Clause:
Client agrees not to publish adult-related, pornographic, or otherwise publicly offensive material using ArrowWeb, Inc.'s server. All content is subject to denial at any time on the basis of controversial media.
This Agreement constitutes the entire understanding of the parties. Any changes or modifications to this Contract thereto are agreed to by the both parties upon renewal of services.
This Agreement shall be governed and construed in accordance with the laws of the State of Colorado and of the Internet.
Click "SUBMIT" if you agree with these Terms of Service.
