WHEREAS, Customer seeks to utilize a HADS service for its own purposes; 

WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore HADS can make no guarantee that any given reader shall be able to access a said servers at any given time.  HADS represents that it shall make every good faith effort to ensure that its servers are available as widely as possible to as many viewers as possible and with as little service interruption as possible. Nevertheless, HADS cannot and does not warrant that said Web Servers are always 100 percent free of errors and inaccuracies; 

WHEREAS, the signatory for the Customer expressly warrants that he/she has authority to enter into this Agreement on behalf of the Customer (if applicable);  

NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows; 

I. Financial Arrangements: 

• Customer agrees to either a six month or one year contract, beginning upon commencement of service.   
• First payment plus a non-refundable setup charge (if applicable) shall be due upon receipt of contract. 
• This Agreement shall continue in force and will automatically renew for successive six month or one year periods for the life of the contract until canceled in writing as specified below. Customers will receive an invoice for charges and payment is due immediately upon receipt.
• Initial payment is due with the contract. Fees for renewal periods shall be due immediately upon renewal.  Customers will receive an invoice for charges and payment is due upon receipt.   

II. Taxes: 

HADS shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Customer or the HADS server.  Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold. Customer shall be solely responsible for the handling, processing or filling any customer orders generated by Customer's Webspace, if any, and for handling customer inquiries and/or complaints arising therefrom.  

III. Material and Products: 

If HADS is not used for design purposes, The Customer agrees that he or she is a necessary knowledge to create Customer's own Webspace.  Customer then agrees that it is not the responsibility of HADS to provide this knowledge or Customer Support outside of the defined service of HADS and this contract (if HADS is retained for design services, standard HADS design rates will apply and will be set forth in a separate contract).

1. Customer will provide material and data in a condition that is “server-ready”, which is in a form requiring no additional manipulation by HADS. HADS shall make no effort to validate this information for content, correctness or usability.  

2. Use of server requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Customer's Webspace by the Customer. 

The following examples are offered: 
a) Web Publishing, which requires knowledge of HTML, properly locating and linking documents, FTPing Webspace contents, graphics, text, sound files, image mapping, etc. 
b) CGI Scripting, which requires a knowledge of the UNIX or Windows NT environment, TAR & GUNZIP commands, Perl, shell scripts, permissions, etc.
c) Autoresponders, which requires a knowledge of mReply or IMail autoresponder, forwarding mail, use of mail client software to retrieve mail, etc. 

In the event that Customer material is not “server-ready” HADS may, at its option and at any time, reject this material, including but not limited to after it has been put on its Servers.  HADS agrees to notify the Customer immediately of its refusal of the material and afford Customer the opportunity to amend or modify the material or this agreement in order to satisfy the needs and/or requirements. If the Customer fails to modify the material as directed by HADS within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be deemed to be terminated.  

3. HADS will exercise no control whatsoever over the content of the information passing through the network. HADS makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. HADS also disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of HADS is at the Customer's own risk, and HADS specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. HADS expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. HADS specifically denies any responsibilities for any damages arising as a consequence of such unavailability.  

IV. Acceptable Use: 

• Customer may only use the HADS Server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited.
• Customer shall not use, nor permit the use of by any person, Customer's Webspace or any part thereof, including any links to other Webspace, (a) to transmit any obscene communication (i) with intent to annoy another person or (ii) to any person under 18; or (b) to send to, or display any communication which depicts or describes nudity, sexual or excretory activities or organs.
• Customer shall not use, nor permit the use of or by any person, Customer's Webspace or any part thereof, including any links to other Webspace, in violation of any patent, trademark, service mark, or copyright laws.
• Customer shall not use, nor permit the use of or by any person, Customer's Webspace or any part thereof, including any links to other Webspace, to transmit unsolicited advertisements of services or products, a practice also known as “spamming”.
• Customer shall not use, nor permit the use of or by any person, Customer's Webspace or any part thereof, including any links to other Webspace, in violation of the HADS Acceptable Use Policy.
• Electronic forums such as mail distribution lists have expectations regarding subject area and appropriate etiquette for posting.  Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of HADS may not be used to impersonate another person or misrepresent authorization to act on behalf of others or HADS. All messages transmitted via HADS 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. Customer agrees to operate the account in accord with the HADS Acceptable Use Policy.
• Customer shall periodically inspect and monitor Customer's own collection of text, files, graphics, and other assorted electronic information to ensure that no material therein is in violation of Acceptable or Prohibited Uses.

V. Hardware, Equipment & Software: 

The customer is responsible for and must provide its own telephone, computer, hardware and software equipment and services necessary to access HADS. HADS makes no representations, warranties or assurances that the Customer's equipment will be compatible with the HADS services. 

VI. Age:

The Customer certifies that he or she is at least 18 years of age. 

VII. Termination: 

This Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice.  Notice must be in writing; HADS will not accept terminations by electronic mail or over the telephone. Notwithstanding the above, HADS may terminate service under this Agreement at any time, without penalty, if the Customer fails to comply with the terms of this Agreement, including non-payment. HADS reserves the right to charge a reinstatement fee. 

VIII. Limited Liability: 

• Customer expressly agrees that use of the HADS Server is at Customer's sole risk.  Neither HADS, its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that the HADS 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 service, unless otherwise expressly stated in this Agreement.
• Under no circumstances, including negligence, shall HADS, its offices, agents or any one else involved in creating, producing or distributing their service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the 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 HADS records, programs or services.  Customer hereby acknowledges that this paragraph shall apply to all content on the Server.
• Notwithstanding the above, Customer'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 Customer paid during the term of this Agreement and any reasonable attorney's fee and court costs. 

IX. Indemnification: 

Customer agrees that it shall defend, indemnify, save and hold HADS harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees ("Liabilities") asserted against HADS, 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 Customer, its agents, employees or assigns.  This includes: (i) any injury to person or property caused by any products sold or otherwise distributed in connection with HADS; (ii) any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement; and (iv) any defective product which Customer sold on the HADS Server. 

X. Contract Revisions: 

Revisions to this Agreement will be applicable to previous Agreements. Revisions will be considered agreed to by the Customer on renewal of HADS as specified in Section I. Financial Arrangements. This Agreement is effective immediately and supersedes all prior contracts and service agreements. 

XI. Transfer: 

Customer may not transfer this agreement without the written consent of HADS. 

This Agreement constitutes the entire understanding of the parties. Any changes or modifications must be agreed to by both parties.  

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