The following words used in context of the Virtual Hosting Contract are defined as
follows:
"Provider": A Little Technology Shoppe, LLC
"Client": The person or entity who is applying for
Virtual Hosting
The Provider agrees to provide, and Client agrees to receive, access to the
Virtual Hosting services according to the following terms and conditions:
1. Client will use the Virtual Hosting services in a manner consistent
with any and all applicable laws of the State of Connecticut and the US
Federal Government.
2. Provider reserves the right, in its sole discretion, to deactivate
the Client's Virtual Hosting account(s) upon an indication of credit problems
including delinquent payments.
3. THE PROVIDER SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS.
THE PROVIDER GIVES NO WARRANTY, EXPRESSED OR IMPLIED, FOR THE VIRTUAL HOSTING
SERVICES PROVIDED, INCLUDING, WITHOUT LIMITATION, WARRANTY OF
MERCHANTABILITY AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THIS NO
WARRANTY EXPRESSLY INCLUDES ANY REIMBURSEMENT FOR LOSSES OF INCOME DUE TO
DISRUPTION OF SERVICE BY PROVIDER OR ITS PROVIDERS BEYOND THE FEES PAID BY
CLIENT TO PROVIDER FOR SERVICES.
4. Provider is not responsible for any damages arising from Client's
use of Provider or by Client's inability to use the Virtual Hosting services
for any reason.
5. While Provider shall make every reasonable effort to protect and
backup data for Client on a regular basis, Provider is not responsible for
Client's files residing on Provider. Client is solely responsible for
independent backup of data stored on Provider.
6. CLIENT HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON
PROVIDER THROUGH CLIENT'S ACCOUNT(S) WILL NOT VIOLATE OR INFRINGE ANY
COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON LAW OR PROPRIETARY RIGHTS OF
OTHERS, OR CONTAIN ANYTHING LIBELOUS OR HARMFUL. ANY POTENTIALLY ILLEGAL
ACTIVITY MAY BE DEACTIVATED WITHOUT WARNING BY THE PROVIDER. CLIENT
HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS THE PROVIDER FOR ANY CLAIM
RESULTING FROM THE SUBMISSION OF ILLEGAL MATERIALS.
7. CLIENT HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON
PROVIDER THROUGH CLIENT'S ACCOUNT(S) WILL NOT CONTAIN ANYTHING LEADING TO AN
ABUSIVE OR UNETHICAL USE OF THE VIRTUAL HOSTING PRODUCT(S) OR THE HOST
SERVER(S). ABUSIVE AND UNETHICAL MATERIALS AND USES INCLUDE, BUT ARE NOT
LIMITED TO PORNOGRAPHY, OBSCENITY, NUDITY, VIOLATIONS OF PRIVACY, COMPUTER
VIRUSES, AND ANY HARASSING AND HARMFUL MATERIALS OR USES. CLIENT HEREBY
AGREES TO INDEMNIFY AND HOLD HARMLESS THE PROVIDER FROM ANY CLAIM RESULTING
FROM YOUR PUBLICATION OF MATERIALS OR YOUR USE OF THOSE MATERIALS. PROVIDER
MAY OR MAY NOT GIVE NOTICE BEFORE DEACTIVATING THE USE OF AN ACCOUNT(S)
WHICH THE PROVIDER DECIDES IS AN ABUSIVE OR UNETHICAL USE OF THE VIRTUAL
HOSTING ACCOUNT(S) OR HOST SERVER(S).
8. Due to the public nature of the Internet, all information should be
considered publicly accessible, and important or private information should
be treated carefully. Provider is not liable for protection or privacy of
electronic mail or other information transferred through the Internet or any
other network provider or its customers may utilize.
9. Use of distribution lists via unsolicited electronic mail or other
mass electronic mailings is STRICTLY PROHIBITED. The Provider reserves the
right to deactivate the Client's Virtual Hosting account(s) upon an
indication of such activity. Client hereby agrees to indemnify and hold
harmless the provider from any claim resulting from the Client's or another
party's use of electronic mail service(s) on the Client's Virtual Hosting
account(s).
10. Provider maintains control and any ownership of any and all I.P.
numbers and addresses that may be assigned to Client and reserves in its
sole discretion the right to change or remove any and all IP numbers and
addresses.
11. Signature: The parties acknowledge the unique and new nature of
the manner in which this service contract is offered, accepted, and performed
over the Internet. The parties agree that the use of signature though desirable
is not always possible given the nature by which communication between the parties
is had. Therefore, the parties agree that where ever a signature might otherwise be
called for the acknowledgement by either party through any other encrypted and
digitally signed and verified form or manner shall constitute the "signature" of said
party and shall bind said party as if it were said party signature, or seal, or that
of its authorized representative. Further, while provider will attempt to verify all
requests, provider shall be entitled to rely on any
such electronic signature without a need to obtain any other confirmation or authority.
In order protect both the client and the provider, client must send a confirmation email
to billing@littletechshoppe.com prior to replying to a request for information from provider.
12. Forum Selection: To the extent applicable this contract and the services
provided hereunder shall and are governed by the United Nations Convention on the
International Sale of Goods (5d Fed. Reg. 6264-6280).
13. The parties agree and acknowledge that in the event of a breach of this agreement or
a claim, cause of action, suit, or any other action or proceeding arising hereunder
or out of this agreement that the jurisdiction for any such proceedings shall be
exclusively in the courts of the State of Connecticut and that either state or federal,
the law of the State of Connecticut, USA shall be applicable, except its choice of law rules.
The parties irrevocably submit to such jurisdiction and waives any right they may have to seek
any change of jurisdiction or venue. The foreign jurisdictional restriction shall not apply if both parties consent, in writing,
to the jurisdiction of another tribunal but shall otherwise bind the parties
and be incontestable.
14. Limitation of Liabilities: The liability of A Little Technology Shoppe, LLC,
is limited to $75.00 dollars (U.S.) The parties acknowledge that damages of the client in the
event of a breach by A Little Technology Shoppe, LLC, are uncertain and not
readily calculable nor ascertainable and the parties wish to agree in advance as
to the amount of damages that a client may recover in the event of a breach by A Little
Technology Shoppe, LLC. In NO event shall A Little Technology Shoppe, LLC be
responsible for lost revenues, incidentals, monthly fees, or consequential or other damages
including without limitations lost profits in an amount in excess of the sum set forth herein.
15. Term: This contract shall commence on the date that the order is processed
and run for one month. Thereafter this contract is automatically renewed on a
month by month basis for as long as client maintains an account in good standing with
the provider. In the event this contract is extended, the terms hereof shall remain in
full force and effect unless modified in writing and agreed to by both parties.
16. LL Indemnification: The user agrees to indemnify and hold harmless A Little Technology
Shoppe, LLC from any and all damages, judgments, claims, actions, suits, or proceedings including
attorney fees and costs which may arise or be brought against A Little Technology Shoppe, LLC
as a result of the clients use of this service contract.
17. Client acknowledges and represents that it will, to the extent
required by the laws of the jurisdiction(s) in which the client is domiciled
and/or conducts business, take all such steps as are required and necessary to
lawfully conduct business in any of said jurisdictions.
18. Waiver: The failure of either party to enforce any term or condition
hereof shall not constitute a waiver of any party's right to seek enforcement of any
such provision.
19. Integration: This agreement constitutes the entire agreement of the parties
and supersedes any and all other discussions, representations, or understandings unless
expressly incorporated herein.
20. Survival: In the event any term or condition herein is invalid or
determined to be unenforceable, it shall not effect the validity or enforceability
of the remainder of this agreement.
21. Legal Fees: In the event the Provider must commence legal action to enforce its rights hereunder it shall be entitled to legal fees and costs for collection of any and all sums due hereunder.