Updated August 1, 2005
The following agreement is between Paradigm Consulting Co.
(“Paradigm”) of 245 Main Street, Bethel, VT 05032 and You
(“Client”)
WHEREAS, Paradigm is an Internet Service Provider offering storage
and transfer of documents and other information over the Internet;
WHEREAS, Client seeks to use these servers for its own purposes;
WHEREAS, the parties acknowledge that the Internet is neither
owned nor controlled by any one entity; therefore, Paradigm can make
no guarantee that any given party shall be able to access the server
made available by Paradigm at any given time. Paradigm represents
that it shall make every good faith effort to ensure that the 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:
Length of service
Client agrees to an initial
three (3) month, six (6) month, or twelve (12) month contractual
term of service (“Term”). The length of contract
required is based on the type of service desired by the Client and
shall be determined solely by Paradigm.
Service start date
The first payment plus setup
charges, if any, shall be due in advance of any service provided.
Service shall begin upon Paradigm's receipt of payment for such
first Term of service or upon a mutually agreed upon other date.
Renewal by client
This agreement will
automatically renew for successive three (3) month, six (6) month,
or twelve (12) month Terms unless canceled in writing by Client at
least 30 days prior to the end of Term renewal date. Renewal prices
are subject to change. Renewal of services by Client indicates
agreement to any Contract revisions and price changes. Renewal fees
for the following term will be automatically invoiced to your
account.
Failure to pay
In the case of a web site hosted
on a Paradigm hosting server, failure of Client to remit payment to
Paradigm by the invoice due date is cause for removal of the
Client's web site files from the Paradigm hosting server. Client
agrees that Paradigm shall not be held liable for such removal or
disconnection. Late payments are subject to a 1.5% monthly interest
charge.
In the case of a customer's colocated server, failure of a
Client to remit payment to Paradigm by the invoice due date is
cause for the server to be disconnected from the Paradigm network
and unplugged without further notification by Paradigm. Client
agrees that Paradigm shall not be held liable for such removal or
disconnection. Disconnected customer owned equipment shall be
returned to the customer only upon full payment of outstanding
invoices. Paradigm shall not be held responsible for such equipment
when held in such disconnected/unplugged fashion for over sixty
days, after which the equipment will be deemed to be abandoned by
the customer.
Refund policy
As detailed above, cancellation
by Client must be in writing with 30 days notice.
Setup charges are not refundable
under any circumstances.
The first Term of service is not
refundable under any circumstances.
Refunds of renewal fees paid to
Paradigm shall only be made for fully unused calendar months
of service that the Client desires to cancel.
Client shall not be entitled to any refund of any
monies under any circumstances should this agreement be
terminated due to a violation of the Paradigm Policies and Terms of
Service Agreement located at http://paradigmcc.com/tos.html.
II. Taxes:
Paradigm shall not be liable for any taxes or other fees to be
paid in accordance with or related to purchases made from Client or
Paradigm'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:
Paradigm will exercise no control whatsoever over the content of
the information passing through the network except for what is noted
in section IX of this agreement, relating to Lawful Purpose, and with
respect to the Paradigm Policies and Terms Of Service Agreement
located at http://paradigmcc.com/tos.html.
Paradigm makes no warranties or representations of any kind,
whether expressed or implied for the service it is providing.
Paradigm also disclaims any warranty of merchantability or fitness
for any 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 Paradigm is at the Client's own risk, and Paradigm
specifically denies any responsibility for the accuracy or quality of
information obtained through its services. Connection speed
represents the speed of an end-to-end connection. Paradigm does not
represent guarantees of speed or availability of end-to-end
connections. Paradigm 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. Paradigm specifically denies
any responsibilities for any damages arising as a consequence of such
unavailability.
IV. Trademarks & Copyrights:
Client warrants that it has the right to use any applicable
trademarks or copyrighted material used in connection with this
service.
V. Age:
Client certifies that he or she is of full legal age to enter into
this agreement.
VI. Policies
Client agrees to all terms in the Paradigm Policies and Terms Of
Service Agreement located at http://paradigmcc.com/tos.html.
Paradigm network resources used by Client may not be used to
impersonate another person or misrepresent authorization to act on
behalf of others or Paradigm. All messages transmitted by Client
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.
VII. Termination:
This Agreement may be terminated by either party, without
cause, by giving the other party 30 days written notice. Written
notice may be by postal, email or fax transmission. Paradigm
reserves the right to verify all cancellations before terminating
service. Notwithstanding the above, Paradigm may terminate service
under this Agreement at any time, without penalty, if the Client
fails to comply with any of the terms of this Agreement.
Termination for any violation of the Paradigm
Policies and Terms of Service Agreement shall be immediate.
Paradigm may, at its option, cancel or suspend service immediately
should it believe Client has violated or is about to violate the
Paradigm Terms of Service agreement located at
http://paradigmcc.com/tos.html
or should the Client fail to remit payment to Paradigm by the
Client's invoice due date.
Client may be liable for certain fees relating to termination
when such termination is due to Uncolicited Commercial E-Mail. Such
fees are outlined in the Paradigm
Policies and Terms of Service Agreement.
Notice of cancellation
Written notice of
cancellation may be by postal mail, email or fax transmission.
VIII. Limited Liability:
1. Client expressly agrees that use of the Server offered by
Paradigm is at Client's sole risk. Neither Paradigm, its employees,
affiliates, agents, merchants licensers or the like, warrant that the
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 Paradigm Server service. Agreement.
2. Under no circumstances, including negligence, shall Paradigm,
its offices, agents or anyone else involved in creating, producing or
distributing Paradigm'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 Paradigm 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
Paradigm's records, programs or services. Client hereby acknowledges
that this paragraph shall apply to all content on Paradigm'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.
IX. Lawful Purpose:
Client may only use Paradigm's Server service for lawful purposes.
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, or material protected by trade secrets.
X. Indemnification:
Client agrees that it shall defend, indemnify, save and hold
Paradigm harmless from any and all demands, liabilities, losses,
costs and claims, including reasonable attorneys' fees asserted
against Paradigm, 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 Paradigm against Liabilities arising out of any of
the following:
any injury to person or property
caused by any products sold or otherwise distributed in connection
with Paradigm's Server service;
any material supplied by Client
infringing or allegedly infringing on the proprietary rights of a
third party;
copyright infringement; and
any defective product which Client sold on the Server offered
by Paradigm.
XI. Domain Name Ownership, Disputes, and Use
Any domain name registered by Paradigm on behalf of Client is the
property of said Client after the Client has paid Paradigm any
registration fees that Paradigm has incurred on behalf of the client.
Paradigm claims no ownership over Client domain names that the Client
has paid to register. At its option, Paradigm will either arrange for
any billing for names registered by Paradigm on behalf of Client to
be sent directly by the registrar or agent thereof to the Client, or
Paradigm will directly bill the client for these registration fees
plus applicable expenses, and/or service charges, if any.
Client agrees that Paradigm may be presented with information that
Client's domain name possibly violates the trademark rights or other
intellectual property rights of a trademark or other intellectual
property rights owner. In case of such action, Client agrees to the
following:
Client agrees to hold Paradigm
harmless of any action taken by such owner regardless of the outcome
of such dispute and regardless of whether Domain Name Service
hosting for Client's domain is hosted at or continued to be hosted
at Paradigm.
Client agrees that Paradigm has
the right to discontinue name service in the event of such dispute
over a Client's domain name.
Client
agrees that should Paradigm discontinue name service for Client's
domain upon notification of such dispute that that Paradigm will not
be liable for any loss of business, interruption of business, loss
of Client's domain name, or any indirect, special, incidental, or
consequential damages of any kind (including lost profits)
regardless of the form of action whether in contract, tort
(including negligence), or otherwise, even if Paradigm has been
advised of the possibility of such damages.
In no event shall Paradigm's maximum liability exceed one
hundred ($100.00) dollars.
Client agrees that a Paradigm contact person shall be named as the
“technical or zone contact” for any domains hosted at
Paradigm. Client agrees that Paradigm may create and use network
resources with the Client's domain name for administrative, testing,
and network infrastructure enhancement purposes.
XII. Contract Revisions:
Revisions to this Contract will be considered agreed to by the
Client on renewal of Paradigm Services as specified in Section I.
Financial Arrangements.
This Agreement and Paradigm
Policies and Terms of Service Agreement constitute the entire
understanding of the parties. Any changes or modifications to this
Contract are agreed to by the parties upon renewal of services.
This Agreement shall be governed and construed in
accordance with the laws of the State of Vermont.
If you have any questions regarding the information on this page
please send us an email via our contact form.
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