One of the services of HORIZON
BUSINESS SOLUTIONS is the professional creation and servicing of web sites for Internet
users. In order to effectively continue its purpose and create a business relationship
between HORIZON BUSINESS SOLUTIONS and its Customers, HORIZON BUSINESS SOLUTIONS has set
forth the following terms and conditions which shall govern this Agreement between the
parties. These terms and conditions are intended for the purpose of establishing operating
principals.
TERM
This Agreement between the parties shall remain in effect between the parties unless
otherwise canceled or modified by either party in accordance with the terms and conditions
set forth herein and in Schedule "A" attached hereto
and made a part hereof. Back to Top
INVOICING
HORIZON BUSINESS SOLUTIONS shall invoice CUSTOMER for services rendered in accordance with
the terms and conditions set forth both herein and in Schedule A attached hereto. Back to Top
CPU
USAGE
CUSTOMER agrees that it shall not use excessive amounts of CPU processing on any servers
HORIZON BUSINESS SOLUTIONS utilizes. Any violation of this policy may result in CUSTOMER'S
immediate termination at the sole discretion of HORIZON BUSINESS SOLUTIONS without prior
notice. In the event that HORIZON BUSINESS SOLUTIONS elects to terminate CUSTOMER on this
basis, CUSTOMER shall be entitled to a refund as set forth herein. Back to Top
BAND
WIDTH USAGE
CUSTOMER agrees that BAND WIDTH usage shall not exceed the number of megabytes per month
as set forth in Schedule "A" attached hereto. This
usage shall be monitored by HORIZON BUSINESS SOLUTIONS and shall be measured on the HTTP
port. Any BAND WIDTH usage in excess of the agreed upon number of megabytes per month may
result in the immediate termination of CUSTOMER at the sole discretion of HORIZON BUSINESS
SOLUTIONS without prior notice. In the event that HORIZON BUSINESS SOLUTIONS elects to
terminate this Agreement, pursuant to this provision, CUSTOMER shall not be entitled to a
refund. Back to Top
BULK E-MAIL AND SPAMMING
It shall not be permissible for CUSTOMER to engage in any bulk E-mailing or use of mail
servers or mail relays (commonly referred to as "SPAMMING"). In the event that
CUSTOMER engages in such activity, HORIZON BUSINESS SOLUTIONS may elect to immediately
terminate CUSTOMER at its sole discretion without prior notice to CUSTOMER. In the event
that HORIZON BUSINESS SOLUTIONS terminates CUSTOMER pursuant to this provision, CUSTOMER
shall not be entitled to a refund. Forwarding 100 unsolicited pieces of mail within a 24
hour period shall be considered "spamming". CUSTOMER shall be liable to HORIZON
BUSINESS SOLUTIONS for any and all damages caused as a result of CUSTOMER'S failure to
comply with this provision. Back to Top
TERMINATION
Either party may terminate this Agreement without cause upon 30 days written notice to the
other party. E-mail shall be deemed adequate notice by either party. Nothing in this
paragraph however shall limit HORIZON BUSINESS SOLUTIONS right to terminate CUSTOMER
immediately and without prior notice for improper use and violations as set forth herein.
In the event that HORIZON BUSINESS SOLUTIONS elects to terminate
CUSTOMER as a result of its improper acts and breach of the terms and conditions contained
herein, CUSTOMER shall not be entitled to a refund of the balance. IN NO EVENT SHALL
CUSTOMER BE ENTITLED TO A REFUND OF THE SET UP FEE.
In the event CUSTOMER elects to terminate this Agreement,
same shall be considered a breach and CUSTOMER shall not be entitled to any refund.
In the event that HORIZON BUSINESS SOLUTIONS elects to
terminate CUSTOMER without cause, CUSTOMER shall receive a prorated refund of any balance.
However, if CUSTOMER terminates this Agreement without cause, and in accordance with the
notice provision set forth herein, there shall be NO REFUND of the Set Up Fee or any
remaining balance. Back to Top
LIABILITY
CUSTOMER agrees that HORIZON BUSINESS SOLUTIONS shall have no liability for the services,
data or information provided to the public on the Internet including but not limited to
any liability for consequential, indirect, special or incidental damages, regardless of
the success or effectiveness of other remedies.
CUSTOMER
further agrees that HORIZON BUSINESS SOLUTIONS shall not be liable for any damages or
losses sustained by CUSTOMER for business or other activities conducted on the Internet
including but not limited to consequential, indirect, special or incidental damages.
CUSTOMER agrees that it shall not hold HORIZON BUSINESS
SOLUTIONS liable for any loss of business, lost opportunity, consequential, indirect,
special or incidental damages as a result of any interruption in service.
IN NO EVENT SHALL HORIZON BUSINESS SOLUTIONS LIABILITY
EXCEED THE TOTAL VALUE PAID TO HORIZON BUSINESS SOLUTIONS BY CUSTOMER. Back to Top
REPRESENTATION AND/OR WARRANTIES
HORIZON BUSINESS SOLUTIONS makes no representations and cannot guarantee that CUSTOMER'S
domain name does not infringe upon any trademarks, trade names, service marks or other
proprietary rights owned by a third party. CUSTOMER shall not hold HORIZON BUSINESS
SOLUTIONS liable for any damages, injuries or losses incurred by CUSTOMER as a result of
any action instituted by a third party. Back to Top
SECURITY
CUSTOMER understands that the Internet and other various networking communications are not
secure, unless explicitly specified as such. HORIZON BUSINESS SOLUTIONS MAKES NO
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. IN NO EVENT SHALL HORIZON BUSINESS
SOLUTIONS BE LIABLE FOR ANY DAMAGES OR LOSSES, EITHER CONSEQUENTIAL, INDIRECT, SPECIAL OR
INCIDENTAL INCURRED BY CUSTOMER. IN NO EVENT SHALL HORIZON BUSINESS SOLUTIONS LIABILITY
EXCEED THE TOTAL COST OF THIS CONTRACT BETWEEN HORIZON BUSINESS SOLUTIONS AND CUSTOMER.
Back to Top
APPLICABLE
LAWS
CUSTOMER will ensure that its use of the Internet and any service provided by HORIZON
BUSINESS SOLUTIONS to it complies with all applicable federal, state and local laws and
regulations, including but not limited to all laws pertaining to copyright, trademark,
proprietary information, intellectual property rights, defamation, tortious interference
with business, invasion of privacy, and pornography*. In the event that CUSTOMER violates
this provision, HORIZON BUSINESS SOLUTIONS shall have the right to consider same a breach
of this Agreement by CUSTOMER which shall entitle HORIZON BUSINESS SOLUTIONS to terminate
CUSTOMER immediately without prior notice.
* It
shall be within the sole discretion of HORIZON BUSINESS SOLUTIONS to deem material as
pornographic or
inappropriate. Back to Top
INTEGRITY OF INFORMATION
CUSTOMER is solely responsible for validating the integrity of the information and data it
receives or transmits over the Internet. Back to Top
ACCOUNT
SECURITY
CUSTOMER shall be solely responsible for protecting the security of its Internet account
and usage. CUSTOMER'S password shall be considered private information and shall not be
disseminated or in any other manner disclosed and/or transferred to third parties. HORIZON
BUSINESS SOLUTIONS shall not be liable for any breach of security caused by CUSTOMER or
third parties. IN NO EVENT SHALL HORIZON BUSINESS SOLUTIONS LIABILITY EXCEED THE TOTAL
COST OF THIS CONTRACT BETWEEN HORIZON BUSINESS SOLUTIONS AND CUSTOMER.
HORIZON BUSINESS SOLUTIONS will use its best efforts to maintain
the integrity and security of CUSTOMER'S password. Back
to Top
RESALE
OF WEB SPACE
CUSTOMER may resell web space within their own account. CUSTOMER, however, shall remain
solely responsible for the entire domain site content. The same Terms of Service Agreement
shall govern any domain site resold within an account. Back
to Top
DOMAIN
NAME OWNERSHIP
CUSTOMER shall be responsible for all costs and fees associated with its domain name
including, but not limited to all costs and fees for moving same. CUSTOMER shall make
payment directly to the issuer. Under no circumstances shall HORIZON BUSINESS SOLUTIONS be
responsible for this cost. Back to Top
LEGAL
ACTION
CUSTOMER agrees to indemnify and hold HORIZON BUSINESS SOLUTIONS harmless in any legal
action which arises as a result of CUSTOMER'S use of HORIZON BUSINESS SOLUTIONS services,
without limitation or exception including, but not limited to any action brought against
CUSTOMER by a third party. Back to Top
JURISDICTION AND GOVERNING LAW
This Agreement shall be governed by the laws of the State of Colorado and jurisdiction
shall lie within the State of Colorado. CUSTOMER HEREBY CONSENTS TO SUBMIT TO THE
JURISDICTION OF THE STATE OF COLORADO. Back to Top
HEADINGS
Headings in this Agreement are for convenience only and shall not be used to interpret or
construe these provisions. Back to Top
MODIFICATION
The terms and conditions of this Agreement may be modified at the discretion of HORIZON
BUSINESS SOLUTIONS with 30 days notice to CUSTOMER. Back
to Top
ENTIRE
AGREEMENT
This Agreement supersedes all Agreements previously made between the parties pertaining to
the subject matter of this Agreement. There are no other understandings or Agreements.
Failure to properly notify HORIZON BUSINESS SOLUTIONS via e-mail,
telephone or regular mail of your disagreement with the above terms and conditions will
constitute CUSTOMER'S acceptance of same. Back to Top
RENEWAL
If not canceled by CUSTOMER, this Agreement will automatically self-renew after a twelve
(12) month period for an additional twelve (12) month period.
CUSTOMER'S failure to properly notify HORIZON BUSINESS SOLUTIONS of
its objections to any of the terms and conditions set forth herein shall constitute
CUSTOMER'S acceptance of same.
This Agreement shall automatically renew itself for an
additional twelve month period unless otherwise canceled or terminated by either party in
accordance with the notice provision set forth herein.
In the event this Agreement is automatically renewed,
CUSTOMER agrees to be bound by the Terms and Conditions currently in
effect. Back to Top
