agreement represents the complete agreement and understanding between
OnLineHere.com and our Customer and supercedes any other written or oral
agreement. Upon notice published on-line OnLineHere.com may modify the
terms and conditions contained herein and may discontinue or change the
services offered in the event of Customer's failure to comply with the
1. SERVICE. OnLineHere.com, as an Internet World Wide Web service
provider, provides a dedicated server computer that is integrated into the
Internet. This server computer sends and receives information as related
to the World Wide Web. Customer desires to connect to and utilize the
software and hardware facilities of OnLineHere.com to establish a Web
Site. The use of any data or material by the Customer via the service
provided by OnLineHere.com is at the Customer's sole and absolute risk.
OnLineHere.com specifically disclaims and denies any responsibility for
the completeness and/or accuracy of quality of any and all information
obtained through the services to be provided hereby.
2. USE OF SERVICE. This agreement hereby is intended for the use of only
one web site. It is for the exclusive use of the Customer specifically
named above and does not extend to any other person or entity.
3. NO WARRANTIES. OnLineHere.com will utilize its best efforts to maintain
acceptable performance of the contracted services, but OnLineHere.com
makes absolutely no warranties whatsoever, express or implied, including
warranty of merchantability or fitness for a particular purpose.
OnLineHere.com cannot guarantee continuous service, service at any
particular time, or integrity of data stored or transmitted via its system
or via the Internet. OnLineHere.com will not be liable for the inadvertent
disclosure of, or corruption or erasure of, date transmitted or received
or stored on its system. OnLineHere.com shall not be liable to Customer or
any of its customers for any claims or damages which may be suffered by
Customer or its customers, including, but not limited to, losses or
damages of any and every nature, resulting from the loss of data,
inability to access Internet, or inability to transmit or receive
information, caused by, or resulting from, delays, nondeliveries, or
service interruptions whether or not caused by the fault or negligence of
4. INDEMNIFICATION. Customer agrees that it shall defend, indemnify, save
and hold harmless from any and all demands, liabilities, losses, costs,
claims, including reasonable attorney's fees, ("Liabilities") against
OnLineHere.com, its agents, its customers, servants, officers, employees,
that may arise or result from any services provided, performed or agreed
to be performed or any product sold by Customer, its agents, employees or
assigns. Customer agrees to defend, indemnify and hold harmless
OnLineHere.com against Liabilities arising out of any injury to person or
property caused by any products sold or distributed in connection with
OnLineHere.com's server; and material supplied by Customer infringing or
allegedly infringing on the proprietary rights of a third party; copyright
infringement and any defective product which Customer sold on
OnLineHere.com's Server. As a result of this, Customer agrees that
OnLineHere.com shall not be liable to Customer for any claims of actual,
compensatory and/or consequential damage's which may be suffered by
Customer, including, but not limited to, losses or damages due to the loss
data resulting from delays, non deliveries, or service interruptions
caused by the fault or negligence of OnLineHere.com. Notwithstanding the
above mentioned, Customer's exclusive remedies, damages, losses and causes
of actions shall not exceed the aggregate dollar amount which Customer
paid during the term of this Agreement.
5. DOMAIN NAME. OnLineHere.com will acquire, at the request of the
Customer, an Internet Domain Name (only from the US InterNIC) on behalf of
the Customer. In such case the Customer hereby waives any and all claims
which it may have against OnLineHere.com for any loss, damage, claim or
expense arising out of, or in relation to, registration of such Domain
Name in any on-line or off-line network directories, membership lists or
registration lists, or the release of the Domain Name from such
directories or lists following the termination of services by
OnLineHere.com for any reason. Any costs incurred by OnLineHere.com in
obtaining or maintaining a domain name for Customer or its customers shall
be at the expense of the Customer.
6. HOSTING INVOICE AND SERVICE FEES. Invoicing for web site hosting shall
be as follows: Customer shall be billed in accordance with the above
stated terms, unless otherwise agreed upon. Payments of the service fee
will be done upon inception (sign-up date). In the event that Customer
shall fail to pay in advance for the services provided herein or in the
event there shall exist any delinquency in the Customer's account then in
such event OnLineHere.com reserves the right, in its sole, absolute and
unfettered discretion, to terminate this agreement and discontinue service
to Customer without notice or liability for actual compensatory or
consequential damages to Customer for the interruption in service.
OnLineHere.com shall be entitled to unilaterally terminate this agreement,
in which case the provisions of paragraph 1,2, 3, 4, and 5 shall continue
in full force and effect, and/or, at its sole discretion, OnLineHere.com
may discontinue or suspend service to Customer until payment is made. Any
service disconnection or suspension will result in the requirement of a
re-connect fee of $49.95 which shall be the same as the set-up fee as
described in the attached annex. Initial service and set-up fees shall be
in accordance with the attached annex. All support inquiries are to be
initialed via email to: email@example.com attn: technical support.
OnLineHere.com will make a diligent effort to resolve any problems related
to OnLineHere.com hardware or supporting software. Only once all email
inquires have failed, will OnLineHere.com provide support via telephone.
Adult material will not be excepted.
6a.,6b. DESIGN INVOICING & MARKETING SERVICE FEES.
6a.Invoicing for web site design (including art work such as banner design
& logos) shall be as follows: A 50% deposit shall be paid in advance
before any design work is done. After receipt of said deposit, all design
work will be completed and uploaded to our server on a temporary site for
customer to view. When final design payment is received in full, the site
will be uploaded to customer's permanent domain. Customer shall be billed
in accordance with the above stated terms, unless otherwise agreed upon.
All support inquiries are to be initialed via email to: firstname.lastname@example.org
attn: technical support. OnLineHere.com will make a diligent effort to
resolve any problems related to OnLineHere.com hardware or supporting
software. Only once all email inquires have failed, will OnLineHere.com
provide support via telephone. Adult material will not be excepted.
6b. Invoicing for web site marketing (search engine submissions, banner
promotions and opt-in email) shall be as follows: All marketing fees are
to be paid in full in advance. Customer understands and agrees that
OnLineHere.com gives no guarantees of any kind to the rate of success of
any marketing project, and customer agrees and understands that they are
paying OnLineHere.com for a service provided not for results.
Pornographic material will not be excepted.
ABSOLUTELY NO EXCEPTIONS.
7. 30 DAY-MONEY BACK GUARANTEE. The 30 day money-back shall apply only to
the refund of the agreed upon monthly plan fees and shall exclude, without
limitation, the refund of any or all set-up fees, service fees, transfer
fees, domain registration fees, design/development fees, software purchase
fees, and any promotional discounts, etc. ONLY web hosting monthly fees
are refundable. Customers will be automatic charged non-refundable
additional fees, in the event that the Customer is in excessive use of the
agreed upon services, including but not limited to the use of additional
bandwidth, file transfers in excess of plan limits, mega bite space.
8. CANCELATIONS. All cancellation in accordance with the terms and
conditions contained herein must be submitted in writing via
OnLineHere.com's on - line cancellation form located at www.onlinehere.com/SM/company_pages/account_center_1.htm
or Customer may submit request for cancellation in writing via registered
mail . All Customer accounts must be paid in full before the transaction
will be considered complete.
9. TAXES. Customer shall be responsible for paying all taxes of any nature
which except for taxes on OnLineHere.com's income, irrespective of which
party may be responsible for reporting or collecting such taxes.
10. MODIFICATIONS. OnLineHere.com reserves the right to make changes to
any of the above terms and conditions of this agreement upon thirty (30)
day written notice to Customer, advising of the change and the effective
date thereof, but with changes in monthly service fees being effective
only at the end of any calendar quarter for which Customer has already
prepaid. The use of the service by the Customer following the effective
date of such change shall be proof of acceptance by Customer of such
11. ENTIRE AGREEMENT AND SEVERALBILITY. This instrument constitutes the
entire agreement between the parties, and represents the complete and
entire understanding of the parties with respect to the subject matter
contained in this agreement. This instrument supercedes any other
agreement or understanding between the parties, whether written or oral.
In the event that any term or provision of this instrument is held by a
court of competent jurisdiction to be unenforceable, then the remaining
provisions of this instrument and the agreement which it evidences, shall
remain in full force and effect, IN WITNESS WHEREOF the parties hereto
intending to be legally bound hereby, and in consideration of the
covenants and agreements contained herein, do hereby execute this
instrument, with each party warranting their ability to enter in to this
agreement for the person or entitle herein named as a party hereto. This
agreement shall be construed and interpreted pursuant to the law of the
state of Massachussetts.
12. RESTRICTIVE USE. The Customer may only use OnLineHere.com's services
for lawful purposes. In the event that at any given time, OnLineHere.com
believes that the service is being used by the Customer in contravention
with any of the terms and provisions contained in this Agreement,
OnLineHere.com has the right to immediately discontinue such service to
Customer without liability other than to refund any unearned prepaid
service fees. The following are restrictive uses and shall be cause for
the immediate termination of web services and this Agreement without
notice to the Customer:
a. Unauthorized distribution or copying copyrighted software, violation of
US export restrictions, embarrassment, fraud, trafficking in obscene
material, drug dealing, and other illegal activities;
b. Unsolicited advertising via email and/or "Spamming" is a violation of
State and Federal Law and is otherwise a violation of this agreement. Such
prohibited conduct subjects Customer to immediate cessation of service as
provided herein and the termination of this agreement without notice.
OnLineHere.com reserves the right to report such illegal activities to any
and all regulatory, administrative and/or governmental authorities for
appropriate prosecution. In addition, OnLineHere.com will charge One
Dollar ($1.00) per email recipient for any such activity;
c. Using a non-existing email return address on a commercial solicitation,
spamming (sending unsolicited advertising to numerous email addresses or
newsgroups and/or generating a significantly higher volume of outgoing
email than a normal user), trolling (posting outrageous messages to
generate numerous responses, mailbombing (sending multiple messages
without significant new content to the same user), subscribing someone
else to a mailing list without that person's permission, cross-posting
articles to an excessive number of newsgroups, or attempting without
authorization to enter into a secured computer system. OnLineHere.com
reserves the right to determine what is Net abuse;
d. Tortuous conduct such as posting of defamatory, libelous, scandalous,
or private information about a person without their consent, intentionally
inflicting emotional distress, or violating trademarks, copyright, or
other intellectual property rights;
e. The Customer expressly understands and agrees that Adult oriented
Websites featuring nudity and acts of a sexual nature are not accepted
under any circumstances. OnLineHere.com reserves the right to immediately
terminate and remove any such unauthorized Websites without notice and
discontinue service to Customer without notice or liability for actual,
compensatory or consequential damages to Customer for the interruption in
f. MUDDS, Listservers or any other Internet application that are not
Website specific, are specifically prohibited, such sites are subject to
additional setup and hosting fees as provided in paragraph six (6) herein;
g. Any other misuses of the system resources, such as employing posts or
program which consume excessive CPU time or storage space, permitting use
of mailservices, mail forwarding capabilities, POP accounts, or
autoresponders other than for the customer's accounts, or resale of access
to CGI scripts installed on our servers.
are a small communications agency and publishing house in the Bahamas.
ONLINEHERE advised us on the best way to maximize our internet presence
without the expense of a full-blown e-commerce site. The services they
provide are prompt, comprehensive and reasonably priced."
- Larry Smith Bahamas Media
Our clients rely upon our experienced and highly trained
professionals to provide outstanding individual service and support. We
are committed to your satisfaction.