Funstun Infocom CUSTOMER SERVICE
AGREEMENT
This is an agreement between you and Funstuninfo.com
regarding your use of Funstun Infocom Web Solutions,
interactive information, communication and server management
service. This Agreement governs the terms and conditions
under which Funstun Infocom offered its services to
individual consumers through a personal computer or similar
access, or to individual consumers or small businesses in
connection with the Funstun Infocom web hosting or similar
services. Under this Agreement, you must comply with Funstun
Infocom then current "Acceptable Use Policy," as updated
from time to time by Funstun Infocom. PLEASE READ THESE
TERMS AND CONDITIONS CAREFULLY.
1. Funstun Infocom will host an account for you, the
purchaser (hereafter referred to as the Account Holder), for
the Account Holder's chosen domain name, for the period
of time (the Term) corresponding with the payment plan
chosen by the Account Holder. This contract shall be
renewed at the end of the Term and each successive renewal
term, unless terminated.
2. Funstun Infocom's services are provided on an as is, as
available basis without warranties of any kind, either
express or implied, including, but not limited to,
warranties of merchantability, fitness for a particular
purpose or non-infringement. Funstun Infocom expressly
disclaims any representation or warranty that the Funstun
Infocom services will be error-free, secure or
uninterrupted. No oral advice or written information
given by Funstun Infocom, its employees, licensors of the
like, will create a warranty; nor may you rely on any
such information or advice. The terms of this Section will
survive any termination of this Agreement.
3. The Virtual Web Server Internet account and/or related
electronic services can only be used for legal purposes
under all applicable international, federal, provincial,
and municipal laws. Further, the Account Holder agrees not
to store, transmit, link to, advertise or make available
any images containing pornography. Violations of these or
any other provisions of this Agreement may result in
termination of the services provided by Funstun Infocom,
with or without the grant of a notice or cure period,
such notice or cure period to be granted at the sole
discretion of Funstun Infocom based upon the severity of the
violation. Funstun Infocom reserves the right to refuse
service if any of the content within, or any links from, the
Account Holder's website is deemed illegal, misleading,
or obscene, or is otherwise in breach of Funstun Infocom's
then current Acceptable Use Policy, in the sole and
absolute opinion of Funstun Infocom. Not withstanding
anything in this Agreement, the content of the Account
Holder's website is the sole responsibility of the Account
Holder. The Account Holder agrees to indemnify and hold
harmless Funstun Infocom from any and all claims,
losses, damages, liabilities, judgments, or settlements,
including reasonable attorney's fees, costs, and other
expenses incurred by Funstun Infocom, (collectively, Claims)
related to or in connection with the content of the
Account Holder's website. The terms of this Section will
survive any termination of this Agreement.
4. Funstun Infocom reserves the right to change, at any
time, the prices charged to the Account Holder for the
services provided by Funstun Infocom.
5. The Account Holder agrees to follow generally accepted
rules of "Netiquette" when sending e-mail messages or
posting to newsgroups. Account Holder is responsible for
security of its password. Funstun Infocom will not change
passwords to any account without proof of
identification, which is satisfactory to Funstun Infocom,
which may include written authorization with signature. In
the event of any partnership break-up, divorce or other
legal problems that includes Account Holder, Account Holder
understands that Funstun Infocom will remain neutral and
may put the account on hold until the situation has been
resolved. Under no circumstances will Funstun Infocom be
liable for any losses incurred by Account Holder during this
time of determination of ownership, or otherwise. The
Account Holder agrees to indemnify and hold harmless Funstun
Infocom from any and all Claims arising from such
ownership disputes. The terms of this Section will survive
any termination of this Agreement.
6. The Account Holder agrees not to harm Funstun Infocom,
its reputation, computer systems, programming and/or other
persons using Funstun Infocom's services. Funstun
Infocom reserves the right to select the server for Account
Holder's website for best performance. The Account
Holder understands that the services provided by
FunstunInfocom are provided on a shared server. This
means that one website cannot be permitted to overwhelm the
server with heavy CPU usage, for example from the use of
highly active CGI scripts or chat scripts. If the Account
Holder's website overwhelms the server and causes
complaints from other users, the Account Holder has
outgrown the realm of shared servers, and will need to
relocate it's website. If the Account Holder refuses to
comply with this Section, then FunstunInfocom has the right
to terminate the services provided to the Account
Holder. The Account Holder agrees to indemnify and hold
harmless FunstunInfocom and any other Account Holder
from any and all Claims resulting from the Account Holder's
use of the services provided by FunstunInfocom. The
terms of this Section will survive any termination of
this Agreement.
7. The Account Holder's rights and privileges under this
Agreement cannot be sold or transferred without the prior
written consent of FunstunInfocom.
8. If the Account Holder sells or resells advertising or
webspace to a third party then the Account Holder will be
responsible for the contents of that advertising and the
actions of that third party. FunstunInfocom has the absolute
right to reject any advertising or other third party
content that is illegal, offensive or otherwise in breach of
the then current FunstunInfocom, Acceptable Use Policy.
The e-mail distribution by the Account Holder of "SPAM",
"JUNK MAIL", or "UNSOLICITED COMMERCIAL E-MAIL", is
expressly prohibited. If the Account Holder refuses to
remove any advertising or other third party content
deemed objectionable byFunstunInfocom, FunstunInfocom may
terminate the services being provided to the Account
Holder.
9. FunstunInfocom will use its best efforts to maintain a
full time Internet presence for the Account Holder. The
Account Holder hereby acknowledges that the network may,
at various time intervals, be down due, but not restricted
to, utility interruption, equipment failure, natural
disaster and human error. In no event FunstunInfocom be
liable to the Account Holder for any damages resulting
from or related to any failure or delay of FunstunInfocom in
providing access to the Internet under this Agreement.
In no event shall FunstunInfocom be liable to the Account
Holder for any indirect, special or consequential
damages or lost profits arising out of or related to
this Agreement or the performance or breach thereof. The
aggregate, total liability of FunstunInfocom under this
Agreement, if any, shall in no event or circumstance exceed
the total amount actually paid by the Account Holder
hereunder. The terms of this Section will survive any
termination of this Agreement.
10. This Agreement applies to all accounts, sub-accounts,
and alternative account names associated with your principal
account. The Account Holder is responsible for the use
of each account, whether used under any name or by any
person, and for ensuring full compliance with this
Agreement by all users of that account. A FunstunInfocom.
account may not be transferred without prior written
approval from FunstunInfocom. The Account Holder is
responsible for maintaining the confidentiality of
his/her password. In the event of a breach of security
through the Account Holder's account, the Account
Holder will be liable for any unauthorized use of the
FunstunInfocom services, including any damages resulting
therefrom, until the Account Holder notifies
FunstunInfocom's customer service.
11. If FunstunInfocom assigns the Account Holder an Internet
Protocol address in connection with the Account Holder's use
of the FunstunInfocom services, the right to use that
Internet Protocol address will remain with and belong only
to FunstunInfocom, and the Account Holder will have no
right to use that Internet Protocol address except as
allowed by FunstunInfocom in its sole and absolute
discretion.
12. This Agreement constitutes the entire agreement between
the Account Holder and FunstunInfocom with respect to the
FunstunInfocom services and supersedes all prior
agreements between the Account Holder and FunstunInfocom.
FunstunInfocom's failure to enforce any provision of
this Agreement shall not be construed as a waiver of any
provision or right. In the event that a portion of
this Agreement is held unenforceable, the unenforceable
portion will be construed in accordance with applicable law
as nearly as possible to reflect the original
intentions of the parties, and the remainder of the
provisions will remain in full force and effect. The
terms of this Section will survive any termination of this
Agreement.
13. The parties shall attempt to resolve all disputes
arising out of this Agreement in a spirit of cooperation and
with a problem-solving mindset, without formal
proceedings. Any dispute, which cannot be so resolved, shall
be subject to binding arbitration upon the written
demand of either party. Arbitration shall take place in
Akola, Maharashtra, India. Should any legal action
permissible under this Agreement be instituted to enforce
the terms and conditions of this Agreement, in
particular the right to collect money due on unpaid
invoices, the prevailing party shall be entitled to
recover reasonable attorney's fees and expenses
incurred at both the trial and appellate levels. The terms
of this Section will survive any termination of this
Agreement.
14. The Account Holder agrees to indemnify and hold
FunstunInfocom harmless from any and all Claims resulting
from or connected with any activities conducted by the
Account Holder. The Account Holder and FunstunInfocom will
promptly notify the other upon receipt of any Claim or
legal action arising out of activities conducted pursuant to
this Agreement. The rights and responsibilities
established in this paragraph will survive any termination
of this Agreement. 15. FunstunInfocom may include the
Account Holder's name and contact information in directories
of FunstunInfocom service subscribers for the purpose
promoting the use of the services by additional
potential clients.
16. The interpretation and enforcement of this Agreement
shall be governed according the laws of the State of Akola,
Maharashtra, India. The Account Holder hereby consents
to personal jurisdiction in the courts of Akola, Maharashtra,
India for any action arising out of or relating to the
Account Holder's use of the FunstunInfocom services. The
courts of Akola, Maharashtra, India will have
exclusive jurisdiction over all such actions. In any such
action, the prevailing party will be entitled to
recover all legal expenses incurred in connection with the
action, including but not limited to its costs, both
taxable and non-taxable, and reasonable attorney's
fees. The terms of this Section will survive any termination
of this Agreement.
17. Notices required by this Agreement shall be in writing
and shall be delivered either by personal delivery or by
mail. If delivered by mail, notices shall be sent by
any express mail service; or by certified or registered
mail, return receipt requested; with all postage and
charges prepaid. All notices and other written
communications under this Agreement shall be addressed
to the individuals in the capacities indicated below, or as
specified by subsequent written notice delivered by the
party whose address has changed.
For more Information contact here
info@funstuninfo.com