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AgentNet Service Agreement
The following agreement ("Agreement") is between Blitz Development
("Blitz Development") of 102 Falkirk Court #2, Sunnyvale
CA 94087, and you ("Client"). By completing the Free Trial
Registration process Client agrees to be bound by this Agreement.
I. Age of Majority:
Blitz Development cannot accept agreements and payments from persons under the age of 18 years. As
such, Client must be over the age of 18 years.
II. Description of Service:
Blitz Development hosts interactive real estate web sites on the Internet
and may provide Client with, among other things, access to its software
to facilitate the creation and maintenance of Client's web site.
III. Financial Arrangements:
1. Client's subscription begins once Client's AgentNet website is set up at the permanent domain name of choice.
2. If Client chooses monthly billing, then one month of service, plus the one-time setup fee is due upon initial
order. If Client chooses an annual plan, then one year of service, plus the one-time setup fee is due upon initial order.
3. This agreement will automatically renew for the same successive
period(s) specified by Client on the initial order. This agreement
will renew every 1 or 12 months unless canceled in writing at least
30 days prior to the renewal date.
4. Blitz Development reserves the right to modify the pricing for
AgentNet and renewal of services by Client indicates acknowledgement of Agreement revisions.
5. Fees are due by the first day of each subscription period or 10 days from
the time of invoice, whichever is later. Invoices are delinquent ten days after
the due date. Failure to make payment when due shall result in service charges,
shall constitute a material breach of this Agreement, and may result in an
interruption of service.
6. Blitz Development may assess a service charge of 1.5 % per month on all unpaid
balances.
7. If this Agreement or any provision of Blitz Development's products, services,
and/or licenses are terminated for any reason, for example, by failing to pay Charges
by the due date, Blitz Development, in its sole discretion, may impose a reinstatement
fee, in the amount of $100.
8. Client shall be liable for all costs, expenses, and damages incurred in collection
of payments that are past due including, but not limited to court costs, litigation
expenses, and reasonable attorneys' fees.
IV. Material and Products:
Client will provide Blitz Development with material and data in a
condition that is "server-ready", which is in a form requiring
no additional manipulation on the part of Blitz Development. Blitz
Development is not required to validate this information for content,
correctness or usability.
V. Content:
1. Blitz Development will exercise no control whatsoever over the
content of the information passing through the network. Blitz Development
makes no warranties or representations of any kind, whether expressed
or implied for the service it is providing. Blitz Development also
disclaims any warranty of merchantability or fitness for particular
purpose and will not be responsible for any damages that may be suffered
by Client, including loss of data resulting from delays, non-deliveries
or service interruptions by any cause or errors or omissions of Client.
Use of any information obtained by way of Blitz Development is at
Client's own risk, and Blitz Development specifically denies any responsibility
for the accuracy or quality of information obtained through its services.
Blitz Development expressly limits its damages to Client for any non-accessibility
time or other down time to the prorated monthly charge during the
system unavailability. Blitz Development specifically denies any responsibilities
for any damages arising as a consequence of such unavailability.
2. In the event that any particular clients' material is not "Server-ready",
Blitz Development may, at its option and at any time, reject this
material, including but not limited to after it has been put on Blitz
Development's webservers. This includes Blitz Development's right
to disable such non-"Server-ready" materials, such as CGI
scripts or programs which consume an unreasonable amount of CPU (Central
Processing Unit) usage or RAM (Random Access Memory) as determined
by Blitz Development.
3. Blitz Development may also at its discretion at any time, suspend access to any
client's web site without notice, due to over-consumption of bandwidth (exceeding
1,000MB/day transfer), CPU usage, or any other reason which might effect the performance
of Blitz Development services. Blitz Development agrees to notify
Client immediately of its refusal of the material and/or suspension
of the account and afford Client the opportunity to amend or modify
the material to satisfy the needs and/or requirements of Blitz Development.
If Client fails to modify the material, as directed by Blitz Development,
within a reasonable period of time established by Blitz Development,
the Agreement shall be terminated.
VI. Acceptable Uses
1. Client is expected to use the Internet with respect, courtesy,
and responsibility, giving due regard to the rights of other Internet
users. Client is expected to use his/her account for the purposes
of maintaining a real estate web site only. Common sense is the best
guide as to what is considered acceptable use.
Blitz Development forbids web sites with adult graphic content, including,
but not limited to, banners advertising any adult web site(s), child
pornography, and distribution of adult web site passwords. Clients
whose accounts are found in violation of this policy may, at the discretion
of Blitz Development, have their account(s) terminated without notice
and are subject to a maximum clean-up/disconnect fee.
Clients whose web site promotes activities that violate federal, state,
local laws and/or violation of U.S. export restrictions are also not
welcome at Blitz Development. This includes "warez" sites
(freely distributing copyright programs), or sites promoting hacking
and/or cracking programs.
Clients whose accounts are found in violation of this policy may,
at the discretion of Blitz Development, have their account(s) terminated
without notice and are subject to a maximum clean-up/disconnection
fee. Additionally, Blitz Development may contact the Software Piracy
Association ("SPA") and release any information in connection
with any illegal activities relating to software piracy on the Client's
account. Sites whose primary purpose is for file distribution of non-web
ready (such as .zip, .tar, .rar, .exe, .mp3) or mirroring of a site
are strictly prohibited.
Simply put, we ask that you use your account for the purposes of hosting
a professional, non-adult oriented, legal web site.
2. Spamming is the sending of unsolicited e-mail, regardless of
size or volume, to unknown persons or to people without their prior
consent. Using fictitious e-mail addresses at domain name hosted
with Blitz Development is strictly forbidden. Spamming also includes
sending unsolicited advertisements to numerous e-mail addresses
or newsgroups and/or generating a significantly higher volume of
outgoing email than a normal user.
Blitz Development allows clients to send mailings to subscribers of
their own mailing list. Client agrees not to send mailings to lists
provided by an outside agency or individual. Client further agrees
not to provide mailing list services to others. Due to the nature
of a shared-server environment, Blitz Development requests that mailing
lists be sent during non-peak hours, specifically between the hours
of 1:00 am and 5:00 am, Central Time. Blitz Development reserves the
right to terminate a client's mailing program, whether provided by
Blitz Development or not, immediately and without notification to
client if said list causes a problem with the e-mail services of other
clients.
Trolling, the posting of outrageous messages to generate numerous
responses, is also not allowed. Mailbombing, the sending of multiple
messages without significant new content to the same user and/or subscribing
someone else to a mailing list without that person's permission, cross-posting
articles to an excessive number of newsgroups, or attempting without
authorization to enter into a secured computer system is strictly
forbidden.
Blitz Development reserves the right to determine what constitutes
abuse of this policy. Clients whose accounts are found in violation
of this policy may, at the discretion of Blitz Development, have their
account(s) terminated without notice and are subject to a maximum
$500 clean-up/disconnection fee. Sites closed for violations of this
policy will not be reinstated under any circumstance.
VII. Trademarks & Copyrights:
Client warrants that it has the right to use the applicable
trademarks, if any, and grants Blitz Development the right to use
such trademarks in connection with Blitz Development's service. This
includes the right granted by Client to Blitz Development to advertise
Client in conjunction with Blitz Development's service.
VIII. Hardware, Equipment & Software:
The customer is responsible for and must provide all telephone, computer,
hardware and software equipment and services necessary to access Blitz
Development. This equipment includes a personal computer equipped
with a 2400 baud modem or faster, Internet access via an ISP ("Internet
Service Provider"). Blitz Development makes no representations,
warranties or assurances that the Customer's equipment will be compatible
with the Blitz Development service. Client understands that Blitz
Development is not an ISP and therefore will not provide dial-up Internet
access for Client.
IX. Internet Etiquette:
Electronic forums such as mail distribution lists and UseNet news
groups all 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 Blitz Development may not be used to impersonate another person
or misrepresent authorization to act on behalf of others or Blitz
Development. All messages transmitted via Blitz Development 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.
X. Proprietary Rights:
1. Blitz Development hereby grants Client a non-exclusive, non-transferable
license to use the Software in object code form only on a server
controlled by Blitz Development for the sole purpose of creating
and maintaining real estate web site(s) on such server. Client is
not being granted any right to copy the Software or to use it on
computers other than a server controlled by Blitz Development. Client
may not use Web pages or parts of Web pages generated by means of
the Software, other than content that originates from and is proprietary
to Client, on any server other than the servers controlled by Blitz
Development without Blitz Development's express written agreement.
Client also acknowledges and agrees that the Software is intended
for access and use by means of web browsing software, and that Blitz
Development does not commit to support any particular browsing platform.
Blitz Development reserves the right at any time to revise and modify
the Software, release subsequent versions thereof and to alter features,
specifications, capabilities, functions, and other characteristics
of the Software, without notice to Client. If any revision or modification
to the Software materially changes Client's ability to conduct
business, Client's sole remedy is to terminate this Agreement
pursuant to Section III.3 regarding non-renewal of service.
2. Client acknowledges and agrees that content available from Blitz
Development or the Service, including but not limited to text, software,
music, sound, logos, trademarks, service marks, photographs, graphics,
or video, is protected by copyright, trademark, patent, or other
proprietary rights and laws, and may not be used in any manner other
than as specified in Section X.1 above.
3. Client recognizes that Blitz Development may, for illustrative purposes,
showcase the work Blitz Development has performed for and on behalf of Client
pursuant to the terms of this agreement. For the limited purpose of demonstrating
Blitz Development's web design capabilities, Client hereby grants Blitz Development
a limited, non-exclusive, worldwide, royalty-free license to reproduce and display
the website Blitz Development created for and on behalf of Client in any and all promotional materials. Nothing herein shall be construed as an assignment or transfer
of title of any of Copyright, Trademark, Patent, or other Intellectual Property
of the Client.
4. Client shall not attempt to gain unauthorized access to any servers
controlled by Blitz Development.
XI. Termination:
This Agreement may be terminated by either party, by giving the
other party 30 days written notice. Notwithstanding the above, Blitz
Development may terminate service under this Agreement at any time,
without penalty, and collect any termination fees as outlined above
if Client fails to comply with the terms of this Agreement.
The provisions of Section V.1 (Disclaimer of Warranties and Liabilities),
Section X ("Proprietary Rights"), and Section XIII (Indemnification)
of this Agreement shall survive any termination of the Agreement.
XII. Limited Liability:
1. Client expressly agrees that use of Blitz Development's equipment
is at Client's sole risk. Neither Blitz Development, its employees,
affiliates, agents, third party information providers, resellers
or the like, warrant that Blitz Development's 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 service or as to
the accuracy, reliability or content of any information service
or merchandise contained in or provided through Blitz Development,
unless otherwise expressly stated in this Agreement.
2. Under no circumstances, including negligence, shall Blitz Development,
its offices, agents or any one else involved in creating, producing
or distributing Blitz Development's service be liable for any direct,
indirect, incidental, special or consequential damages that result
from the use of or inability to use of Blitz Development's 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
Blitz Development's records, programs or services. Client hereby acknowledges
that this paragraph shall apply to all content on Blitz Development's
Server service.
3. Notwithstanding the above, Client'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 Client paid during the term of this Agreement and any reasonable
attorney's fee and court costs.
XIII. Indemnification:
Client agrees that it shall defend, indemnify, save and hold Blitz
Development harmless from any and all demands, liabilities, losses,
costs and claims, including attorneys' fees, ("Liabilities")
asserted against Blitz Development, its agents, its customers 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 Blitz Development against Liabilities arising out of (i)
any injury to person or property caused by any products sold or otherwise
distributed in connection with Blitz Development's service; (ii) any
material supplied by Client infringing or allegedly infringing on
the proprietary rights of a third party; (iii) copyright infringement.
This agreement represents the complete agreement and understanding
between Blitz Development and Client and supersedes any other written
or oral agreement. Upon notice published on-line via Blitz Development,
Blitz Development may modify these terms and conditions, amplify them,
and/or modify the prices, as well as discontinue to change the services
offered. Submission of your account order shall constitute your complete
acceptance of these Terms and Conditions.
This Agreement shall be governed and construed in accordance with
the laws of the State of California.
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