Contract
KoolStuf Internet Consultants, Inc., Terms and Conditions
KoolStuf Internet Consultants, Inc., is an Internet Service Provider and host of personal and business World Wide
Web pages. The goal of KoolStuf is to provide you with the best service possible for an
enjoyable Internet experience. KoolStuf is committed to and supports the free flow of
information and ideas over the Internet. KoolStuf does not actively monitor nor does KoolStuf
exercise editorial control over the content of any web site, electronic mail transmission, mailing
list, news group or other material created or accessible over KoolStuf services. However,
KoolStuf reserves the right to remove any materials KoolStuf does become aware of that are, in
KoolStuf 's sole discretion, potentially illegal, could subject KoolStuf to liability, or violate this
policy. Use of the Internet via KoolStuf is subject to the following terms and conditions.
KoolStuf may amend this agreement on an as needed basis by placing an update of this posting,
and your continued use of KoolStuf services following each updated posting shall be deemed to
be your acceptance of any such modification. Furthermore, it is your responsibility to monitor the
KoolStuf "Terms and Conditions" page regularly to determine whether the terms and conditions
have been modified. If changes to terms and conditions or pricing have been made, these changes
will take effect on the date of Client's contract renewal. If you do not agree with the Terms and
Conditions of KoolStuf or any modifications or changes to this Agreement, you must
immediately stop using KoolStuf's services.
I. Financial Arrangements
1. Client agrees to the contract for the length specified, beginning upon KoolStuf 's receipt by
fax, e-mail, or express mail. Client agrees to pay KoolStuf for services rendered pursuant to the
payment schedule.
2. First payment shall be due upon KoolStuf's receipt of contract.
3. This agreement will automatically renew for identical successive periods unless canceled in
writing or modified by the Client prior to the renewal date. If method of payment for services is
by credit card, Client expressly authorizes KoolStuf to charge the Client's credit card account
number for such charges, which accrue from term to term. This Client authorization remains
valid and in effect until revoked in writing by Client. If payment is in a form other than credit
card, Client will receive an invoice for charges and payment is due upon receipt of invoice.
4. Initial payment is due with contract. Contract takes effect on the date of receipt of payment,
and will be renewed automatically for identical successive periods. Any changes made to the
Client's package (e.g. extra traffic charges, additional server space, additional e-mail accounts)
shall be billed accordingly.
5. All requests for service and orders are subject to acceptance by KoolStuf. An order will be
deemed accepted by KoolStuf when confirmation of the order is sent to Customer. KoolStuf may
refuse to accept any order. Refusal of such conditions may not be unreasonable, however, and
KoolStuf agrees to provide Customer with reasonable notice by Email or fax of any intent to
delay or decline the acceptance of any order.
6. All setup fees and deposits paid by Customer to KoolStuf are non-refundable. These terms are
non-negotiable.
II. Taxes
KoolStuf shall not be liable for any taxes or other fees to be paid in accordance with or related to
product or service purchases made from Client or KoolStuf 's server. Client agrees to take full
responsibility for all taxes and fees of any nature associated with any products or services sold.
III. Material and Products
KoolStuf will exercise no control whatsoever over the content of the information passing through
the network or on the Client's web sites. KoolStuf makes no warranties or guarantees of any kind,
whether expressed or implied for the service it is providing. KoolStuf 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 Client, including loss of data resulting from delays, non-deliveries or service interruptions or gaps by any cause or errors or omissions of the Client and/or
KoolStuf. KoolStuf is not responsible for any loss, erasure, or corruption of Client's data or files
whatsoever. Use of any information obtained by way of KoolStuf is at the Client's own risk, and
KoolStuf specifically denies any responsibility for the accuracy or quality of information
obtained through its services. Connection speed represents the speed of connection to KoolStuf
and does not represent guarantees of available end to end bandwidth. KoolStuf expressly limits
its damages to the Client for any non-accessibility time or other down time to the pro-rata
monthly charge during the system unavailability. KoolStuf specifically denies any responsibilities
for any damages arising from any consequences of such unavailability.
IV. Trademarks & Copyrights
Client warrants that it has the right to use the applicable trademarks, if any.
V. Etiquette and Policy
1. The network resources of KoolStuf may not be used to impersonate another person or
misrepresent authorization to act on behalf of others or KoolStuf. All messages via KoolStuf
should correctly identify the sender; users may not alter the attribution of origin in electronic mail
messages or postings. Users may not attempt to undermine the security or integrity of computing
systems or networks and must not attempt to gain unauthorized access to said networks. Clients
may not use KoolStuf's server for mass e-mail or "spamming" purposes.
2. KoolStuf may discontinue servicing any Plan, or may require fulfillment of terms or conditions
or may choose to impose prerequisites to continue to service any such Plan. Such discontinuation
or requirement may not be unreasonable, however, and KoolStuf agrees to provide Customer
with reasonable notice by Email or fax of any such intent to discontinue or impose certain
conditions.
3. KoolStuf 's services may not be used for illegal purposes, or in support of illegal activities.
KoolStuf reserves the right to cooperate with legal authorities and/or injured third parties in the
investigation of any suspected crime or civil wrong. Activities which are prohibited as potentially
illegal include, but are not limited to:
4. KoolStuf services are provided to the Client for the sole and exclusive use of the Client
signing this agreement. Clients are not permitted to resell, trade, or loan this Internet service to
any other individual or business.
VI. Charges for Space and Server Traffic Above and Beyond Allocated Amounts in
Client's Hosting Plan
Client agrees that it will be charged and will remit payment for extra server traffic pursuant to the
web site hosting package that Client has selected. Said charges will be prorated and will appear
on the following invoice. Charges for excess server traffic are posted in the hosting section of
www.koolstuf.com. Client agrees that it will be charged and will remit payment for extra
server storage space and extra e-mail accounts pursuant to the web site hosting package that
Client has selected. Said charges will be prorated and appear on the following invoice. Charges
for extra server storage space and extra e-mail accounts may be obtained from
www.koolstuf.com
VII. Termination
This Agreement may be terminated by either party, without cause, by giving the other party 30
days notice via e-mail or fax. In such event, the canceling party will be required to pay to other
party an amount equal to the unused and prorated portion of service excluding any hosting or
setup charges. Notwithstanding the above, KoolStuf may terminate the service under this
Agreement at any time, without penalty, if the Client fails to comply with the terms of this
Agreement. It is the client's responsibility to point his/her domain to another service provider
upon termination, cancellation or discontinuation of service.
VIII. Limited Liability
1. Client expressly agrees that use of KoolStuf's Server is at Client's sole risk. Neither KoolStuf,
its employees, agents, resellers, third party information providers, merchants licensers or the like,
warrant that KoolStuf 's Server service will not be interrupted or be error free; nor do they make
any warranty as to the results that might be obtained from the use of the Server service or as to
the accuracy, or reliability of any information service or merchandise contained in or provided
through the KoolStuf Server service, unless otherwise expressly stated in this Agreement.
2. Under no circumstances, including negligence, shall KoolStuf, its offices, agents or any one
else involved in creating, or distributing KoolStuf 's Server service be liable for any direct,
indirect, incidental, special or consequential damages that result from the use of or inability to
use the KoolStuf Server 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 KoolStuf 's records, programs or services. Client hereby acknowledges that this
paragraph shall apply to all content on KoolStuf's Server service. KoolStuf encourages Clients
to periodically make and preserve backup copies of all Client data and information.
IX. Indemnification
Client agrees that it shall defend, indemnify, save and hold KoolStuf harmless from any
demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities")
asserted against KoolStuf, 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 Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold
harmless KoolStuf against Liabilities arising out of (i) any injury to person or property caused by
any products sold or otherwise distributed in connection with KoolStuf 's Server; (ii) any material
supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; (iii)
copyright infringement and (iv) any defective product which Client sold on KoolStuf Server.
X. Partial Invalidity
If any provision of this agreement is held to be invalid by a court of competent jurisdiction, then
the remaining provisions shall nevertheless remain in full force and effect. KoolStuf and
Customer agree to renegotiate in good faith any term held invalid and to be bound by mutually
agreed substitute provision.
XI. Disputes
The parties shall try to resolve all disputes that might arise out of this agreement in a spirit of
cooperation without formal procedures. Any dispute which cannot be so resolved (other than the
collection of money due on unpaid invoices) shall be subject to arbitration upon written demand
of either party. It is the intention of the parties hereto that this Agreement and the performance
hereunder and all suits and special proceedings hereunder be construed in accordance with and
under and pursuant to the laws of the Commonwealth of Virginia. Any controversy or claim
arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration in
accordance with the Commercial Arbitration Rules of the American Arbitration Association, and
judgment upon the award rendered by the arbitrator(s) may be entered in any court having
jurisdiction thereof. Should any legal action permissible under this agreement be taken to
enforce the conditions and terms of this agreement, in particular the right to collect money due on
unpaid invoices, the prevailing party shall be entitled to recover reasonable legal fees and
expenses incurred at the trial and appellate levels.
XII. Confidentiality
Customer acknowledges that by reason of their relationship, both customer and KoolStuf may
have access to certain products, information and materials relating to the other party's business,
which may include business plans, customers, software technology, and marketing plans that are
confidential and of substantial value to either party, respectively, and which value would be
impaired if such information were disclosed to third parties. Consequently, both KoolStuf and
customer agree that it will not use in any way for its own account or for the account of any third
party, nor disclose to any third party, any such information revealed to it by either party, as the
case may be.
Customer and KoolStuf further agree that it will take every appropriate precaution to protect the
confidentiality of such information. In the event of termination of this agreement, there shall be
no use or disclosure by either party of any such confidential information in its possession, and all
confidential documents shall be returned to the rightful owner, or destroyed. The provisions of
this section shall survive the termination of the agreement for any reason. Upon any breach or
threatened breach of this section, either party shall be entitled to injunctive relief, which relief
will not be contested by the Customer or KoolStuf.
XIII. Notices
Except with respect to service of process as set forth in paragraph, all notices may be sent by
email, fax, or express mail to the email address, fax number, or address most recently provided
and will be effective upon transmission. Evidence of successful transmission shall be retained.
ACCEPTANCE POLICY
As a Web solutions provider, KoolStuf offers its customers the means to acquire and disseminate
a wealth of public, private, commercial and non-commercial information. KoolStuf also wants its
customers to be fully informed of their rights and obligations -and those of KoolStuf in
connection with their use of the Internet.
When customers disseminate information through the Internet, they also must keep in mind that
KoolStuf does not review, edit, censor or take responsibility for any information its customers
may create or created by KoolStuf at the request of the customer. This places on customers what
will be, for most, an unfamiliar responsibility. When users place information on the Internet, they
have the same liability as other authors for copyright infringement, defamation and other harmful
speech. For these reasons, customers violate KoolStuf policy and the Hosting Agreement when
they, their affiliates or subsidiaries engage in the following activities:
- Spamming - Unsolicited, commercial mass e-mailing (known as "spamming") is a strongly
disfavored practice among Internet users and service providers. It is particularly harmful not only
because of its negative impact on consumer attitudes toward KoolStuf, but also because it can
overload KoolStuf 's equipment and disrupt service to our customers.
- Illegal/Unauthorized Access to Other Computers or Networks - The illegal or unauthorized
accessing (often known as "hacking" or "cracking") of computers or networks carries potential
civil and criminal penalties under both federal laws and the laws of most states.
- Other Activities, whether lawful or unlawful, that KoolStuf determines to be harmful to its
customers, operations or reputation, including any activities that restrict or inhibit any other user
from using and enjoying the service or the Internet.
_____________ __________________________________________
Date . . . . . . . . . . Signature for Customer
_____________ __________________________________________
Date . . . . . . . . . . Signature for KoolStuf