Panache Digital Design & Access, Inc. provides access to Server space as a convenience for our Web Design Customers (or to clients by special agreement) on a monthly and quarterly basis, with no obligation either on the part of Panache Digital Design & Access, Inc. or the Customer to renew the agreement. In addition to the advantages outlined in our Primary and Secondary Domain Accounts, our Server space benefits include multiple T3 Internet connectivity, daily tape back-ups, and a Technical Support agreement with a qualified vendor.
Panache Digital Design & Access, Inc. reserves the right to decline service, or cancel service at any time for any reason and cannot be held liable for any loss, real or perceived, to the Customer.
The Customer shall indemnify and hold harmless Panache Digital Design & Access, Inc. from any and all loss, cost, expense, and damages on account of any and all manner of claims, demands, actions, and proceedings that may be initiated against Panache Digital Design & Access, Inc. on the grounds that the web space content violates any copyright, proprietary right of any person, state and federal regulations, or contains any matter that is libelous or scandalous.
Cancellation of Service at the Customer's Request
The Customer may cancel service at any time for any reason. Should a Customer request a cancellation of service from Panache Digital Design & Access, Inc., we ask a courtesy notification in writing one month in advance. An account in good standing will have any pre-paid services refunded to him/her on a pro-rated basis which will be determined by the specifications of the Customer's hosting agreement. A cancellation charge of $35.00 will be assessed and the Customer's files will be downloaded from the server and delivered to the Customer on a Macintosh formatted diskette or a Zip disk*.
Cancellation of Service by Panache Digital Design & Access, Inc.
In the event that Panache Digital Design & Access, Inc. should decide to terminate service providership, we will make every effort to give our Customers advance notice, and to make recommendations of alternative service providers. If a Customer's service is terminated for any reason other than by his/her request, the Customer's site will be downloaded from the server by Panache Digital Design & Access, Inc. and delivered to the Customer free of charge on a Macintosh formatted diskette or a Zip disk*. Panache Digital Design & Access, Inc. is in no way liable for any loss of business, real or perceived, resulting from the cancellation of services.
Payment of Accounts
Panache Digital Design & Access, Inc. requires the minimum pre-payment of the first month or quarter's fees (depending on the type of service rendered) and Start-up Charges before a Customer's site will be posted to the Server. Panache Digital Design & Access, Inc. will then invoice the Customer on or around the 30th day of the month for the following month's fees (for Secondary Domain Accounts); or the 30th day of the third month for the following quarter's fees (for Primary Domain Accounts). Should a Customer activate an account after the 15th of the month, the remaining day's of the month will be pro-rated and added to the following month's invoice. In the case of annual or semi-annual pre-payments, special invoicing arrangements will be made. Payment should be made by cash or check. Panache Digital Design & Access, Inc. does not accept credit cards.
Delinquency of accounts after 30 days will result in the Customer's web site access being disabled, and a $35.00 re-connect fee will be assessed to reinstate service. A Customer who allows his/her account to be deliquent so that service must be disabled twice within one calendar year may be required to pre-pay in non-refundable 6-month increments, depending on the circumstances of the delinquency. Decisions regarding pre-payment in the aforementioned circumstance are entirely at the discretion of Panache Digital Design & Access, Inc.
Warranties & Interruption of Service
Warranties:With respect to the service to be provided herein, the Customer acknowledges that Panache Digital Design & Access, Inc. makes absolutely no warranties whatsoever, express or implied. As a result, the Customer agrees that Panache Digital Design & Access, Inc. shall not be liable to the Customer for any claims or damages which may be suffered by the Customer, including, but not limited to, losses or damages resulting from the loss of data as the result of delays, non-deliveries, or service interruptions.
Interruption of Service: Panache Digital Design & Access, Inc. makes no guarantees regarding the availability or reliability of the Server at any given time. Performance factors vary and may occasionally affect service and accessibility. Panache Digital Design & Access, Inc. is in no way liable for any loss of business, real or perceived, resulting from the interruption of services. We will make every effort to answer Customer's questions or complaints in the event of temporary interruption of service. Should an interruption of a duration longer than 24 hours occur, the Customer will be given a refund for loss of service for hours in excess of 24 on a pro-rated hourly basis. Should a Customer have questions or complaints regarding the services provided, he/she should e-mail the administrator at email@example.com and may expect an answer within 48 hours. Panache Digital Design & Access, Inc. is in no way liable for any loss of business, real or perceived, resulting from the interruption of e-mail service for any client.
If Panache Digital Design & Access, Inc. shall acquire an Internet Domain Name on behalf of the Customer, then in such case the Customer hereby waives any and all claims which it may have against Panache Digital Design & Access, Inc. for any loss, damage, claim or expense arising out of or in relation to the 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 the providing of this service by Panache Digital Design & Access, Inc. for any reason.
Panache Digital Design & Access, Inc. will not host any site containing Adult content, nor will we host any site which contains links to sites which provide Adult content.
Panache Digital Design & Access, Inc. does not accept responsibility for nor endorse the content of any site of any Customer occupying our Server space, nor do we accept responsibility for or endorse the content of any site accessible via links from our Customers' sites.
Panache Digital Design & Access, Inc. does not allow the sending of unsolicited e-mail from it's Primary or Secondary Domain Accounts. Should the sending of unsolicited e-mail occur, Panache Digital Design & Access, Inc. will cancel service immediately without refund. If a Customer believes that he/she will need to send unsolicited e-mail, he/she may still host his/her website with our service, but may not use any e-mail account associated with Panache Digital Design & Access, Inc. to send unsolicited e-mail mailings.
Should a Web Design Customer decide to host his/her site with another Presence Provider, Panache Digital Design & Access, Inc. will deliver the Customer's website to the Customer or the Customer's representative on a Macintosh formatted diskette, or if the site is of sufficient size, a Zip disk*.
Changes in Terms of Agreement
Panache Digital Design & Access, Inc. reserves the right to make changes to the terms and conditions of this Agreement upon thirty (30) days notice to the Customer, advising of the change and the effective date thereof, but with changes in service fees being effective only at the end of any period for which the Customer has prepaid. Utilization of the service by the Customer following the effective date of such change shall constitute acceptance by the Customer of such change(s).
Entire Agreement and Understanding
This instrument and the application for web space constitute the entire agreement between the parties, and represent the complete and entire understanding of the parties with respect to the subject matter of this Agreement. No Server space will be provided to any Customer who has not read these policies and signed a Statement of Understanding.
*Please be aware that there is a $10.00 charge assessed to client's whose sites require delivery via Zip disk.
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