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CONTRACT
This is a binding contract for at least a full twelve-month period. This contract will automatically renew for successive twelve-month periods unless the customer provides written notice as described herein. Unless Immobel receives a written notice from customer at least thirty days prior to the expiration of the initial twelve-month period, Immobel's obligation to host the web site and customer's obligation to pay the foregoing annual charges will be automatically renewed for an additional twelve-month period. This agreement will continue to be renewed for successive twelve-month periods until such time as customer delivers to Immobel the required written notice of cancellation on or before the thirty days prior to the end of the then-current twelve-month period.
This is an agreement between Immobel and customer concerning Immobel's development and hosting of an automated multi-language web site for the benefit of customer on the terms and conditions, and for the considerations, set forth below.
1. Agreement: Immobel hereby agrees (i) to provide customer access to its automated web site development program over the Internet allowing customer to create his/her personal web site, and (ii) thereafter to provide hosting for such web site. Customer agrees that such web site will be hosted by Immobel and no other domain host. Upon termination of this agreement, the web site will be deleted and not transferred to customer or any other domain host or third party.
2. Term: This is a binding contract for at least a full twelve-month period. This contract will automatically renew for successive twelve-month periods unless the customer provides written notice as described herein. By entering into this agreement, customer agrees under any and all circumstances to pay the monthly amounts for a full twelve-month period beginning on the date of this agreement (monthly charges will begin on the first day of the following month of this agreement and will be billed in full on the first day of each month thereafter). Unless Immobel receives a written notice from customer at least thirty days prior to the expiration of the initial twelve-month period, Immobel's obligation to host the web site and customer's obligation to pay the foregoing charges will be automatically renewed for an additional twelve-month period. This agreement will continue to be renewed for successive twelve-month periods until such time as customer delivers to Immobel the required written notice of cancellation on or before the thirty days prior to the end of the then-current twelve-month period.
3. Password Protection: Immobel will, as part of its hosting services hereunder, give to customer a password which will allow customer to access the web site in order to make desired changes. Customer acknowledges that this password is proprietary to Immobel and agrees that it will keep the password confidential and not disclose it to any third party without written consent of Immobel.
4. Assignment and Termination: Notwithstanding Paragraph 3 hereof, Immobel shall have the right to terminate this agreement by giving customer ninety days written notice of such cancellation. In the event of such termination, paid but unearned hosting/maintenance charges for the current year, if any, will be refunded to customer. Immobel shall have the right to assign its rights and/or obligations hereunder, in whole or in part, to an affiliate or third party.
5. No Warranty: Immobel does not guarantee continuous, uninterrupted or secure access to its services or customer's web site, and operation of Immobel's development and hosting services, and customer's web site, may be interfered with by numerous factors outside Immobel's control. Immobel provides its products and services hereunder on an "as is" basis and without any warranty or condition, express or implied. Immobel specifically disclaims the implied warranties of title, merchantability, and fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.
6. Limit of Liability: In no event shall Immobel be liable for lost profits or any special, incidental or consequential damages (however arising, including negligence) arising out of or in connection with this agreement. Immobel's liability to you, if any, in any circumstance shall be to use commercially reasonable efforts to correct any service problem to the extent such correction is practicable and within Immobel's control. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.
7. Customer Information: Customer is solely responsible for any information contained in his web site. Immobel acts as a passive conduit for customer's online distribution and publication of his information. Accordingly, in the event that customer has a dispute with a third party involving customer's web site and/or the information contained therein, customer indemnifies and releases Immobel (and its agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
8. Miscellaneous: This agreement (together with attached exhibits, if any) constitutes the entire agreement between the parties, and there are no other agreements, verbal or written, by and between the parties. Any dispute concerning this agreement which cannot be resolved by the parties will be submitted to binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, and judgement on any arbitration award may be entered into any court of competent jurisdiction. No agency, partnership or joint venture is intended or created by this agreement. Headings in this agreement are for reference purposes only.
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