This contract is between Gemini Computer Systems, Inc. and the Customer for the purposes of Web Hosting.
I. Financial Arrangements:
The Customer agrees to a twelve (12) month contract, beginning upon commencement of service. First month payment plus a non-refundable setup charge, if any, shall be due upon receipt of contract. This agreement will automatically renew for successive twelve (12) month periods for the life of the contract until cancelled in writing. Customers paying by check or money order will receive an invoice for charges and payment is due upon receipt. Customers paying by credit card expressly agree to have their credit card account billed quarterly for the recurring charges for the life of the contract including any automatic renewal periods. Initial payment is due with the contract, regardless of the status of domain name application or any other forces beyond the control of Gemini Computer Systems, Inc.
Gemini Computer Systems, Inc. shall not be liable for any taxes or other fees to be paid in accordance with or related to sales made from the Customer using Gemini Computer Systems, Inc.’s server. The Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold by the Customer.
III. Material and Products:
The Customer will provide Gemini Computer Systems, 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 Gemini Computer Systems, Inc. Gemini Computer Systems, Inc. shall make no effort to validate this information for content, correctness or usability. Use of Gemini Computer Systems, Inc.’s service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the Customer’s Webspace by the Customer. The Customer agrees that he or she has the necessary knowledge to create the Customer’s Webspace. The Customer agrees that it is not the responsibility of Gemini Computer Systems, Inc. to provide this knowledge or Customer Support outside of the defined service of Gemini Computer Systems, Inc.
Gemini Computer Systems, Inc. will exercise no control whatsoever over the content of the information passing through the network. Gemini Computer Systems, Inc. makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Gemini Computer Systems, Inc. also disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer.
Use of any information obtained by way of Gemini Computer Systems, Inc. is at the Customer’s own risk, and Gemini Computer Systems, 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 available end to end bandwidth. Gemini Computer Systems, Inc. expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. Gemini Computer Systems, 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”, Gemini Computer Systems, Inc. may, at its option and at any time, reject this material, including but not limited to after it has been put on Gemini Computer Systems, Inc.’s Server.
Gemini Computer Systems, Inc. agrees to notify the Customer immediately of its refusal of the material and afford the Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of Gemini Computer Systems, Inc. If the Customer fails to modify the material, as directed by Gemini Computer Systems, 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:
The Customer warrants that it has the right to use the applicable trademarks, if any.
V. Hardware, Equipment & Software:
The Customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access Gemini Computer Systems, Inc. Gemini Computer Systems, Inc. makes no representations, warranties or assurances that the Customer’s equipment will be compatible with the Gemini Computer Systems, Inc. service.
The Customer certifies that he or she is at least 18 years of age.
VII. Internet Etiquette:
The Customer may not use Gemini Computer Systems, Inc. servers for the purpose of Mass Electronic Junkmail. The Customer may not use Gemini Computer Systems, Inc. servers for excessive computation time inappropriate for Internet Web servers. The Customer may not install in her/his account any program which presents a security problem on that server. Gemini Computer Systems, Inc. reserves the right to immediately cancel any service account which is causing a disruption of services for other customers. Electronic forums such as mail distribution lists and Usenet 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 Gemini Computer Systems, Inc. may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Gemini Computer Systems, Inc. All messages transmitted via Gemini Computer Systems, 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. The Customer may not run any software, applications, or other processes on Gemini Computer Systems, Inc. servers without the express written permission of Gemini Computer Systems, Inc.
This Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice. Notice must be made by mail or electronic mail. Gemini Computer Systems, Inc. will not accept terminations over the telephone. Notwithstanding the above, Gemini Computer Systems, Inc. may terminate service under this Agreement at any time, without penalty, if the Customer fails to comply with the terms of this Agreement, including non-payment. Gemini Computer Systems, Inc. reserves the right to charge a reinstatement fee.
IX. Limited Liability:
The Customer expressly agrees that use of Gemini Computer Systems, Inc.’s Server is at the Customer’s sole risk. Neither Gemini Computer Systems, Inc., nor its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Gemini Computer Systems, 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 Gemini Computer Systems, Inc. Server service, unless otherwise expressly stated in this Agreement. Under no circumstances, including negligence, shall Gemini Computer Systems, Inc., its officers, agents or anyone else involved in creating, producing or distributing Gemini Computer Systems, 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 Gemini Computer Systems, 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 Gemini Computer Systems, Inc.’s records, programs or services. The Customer hereby acknowledges that this paragraph shall apply to all content on Gemini Computer Systems, Inc.’s Server service. Notwithstanding the above, the Customer’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 the Customer paid during the term of this Agreement and any reasonable attorney’s fee and court costs.
X. Lawful Purpose:
The Customer may only use Gemini Computer Systems, Inc.’s Server for lawful purpose. Transmission 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. This also includes links or any connection to such materials.
The Customer agrees that it shall defend, indemnify, save and hold Gemini Computer Systems, Inc. harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against Gemini Computer Systems, 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 the Customer, its agents, employees or assigns. The Customer agrees to defend, indemnify and hold harmless Gemini Computer Systems, Inc. against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with Gemini Computer Systems, Inc.’s Server; (ii) any material supplied by the Customer infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which the Customer sold on the Gemini Computer Systems, Inc. Server.
XII. Contract Revisions:
Revisions to this Contract will be applicable to previous Contracts. Revisions will be considered agreed to by the Customer on renewal of Gemini Computer Systems, Inc. Services as specified in Section I. Financial Arrangements.
The Customer may not transfer this agreement without the written consent of Gemini Computer Systems, Inc.
This Agreement constitutes the entire understanding of the parties. Any changes or modifications to this Contract thereto are agreed to by both parties upon renewal of services.