Standard Terms and Conditions
This Agreement sets forth the terms and conditions under which you agree to use Web Site and E-mail Hosting services, and Web Site Marketing services from Promit/Texas Web Marketing, hereinafter called ‘Promit.’
Services shall renew automatically and shall continue until such time as you provide Promit with notice that you wish to discontinue the service, or as terminated and/or canceled by Promit.
A fee of $25 (which is the anticipated actual costs of processing) will be assessed for every returned (NSF) check.
Promit will bill you at the interval of your choice (monthly, quarterly, or annually) by postal mail and/or e-mail. Accounts 60 days or more past due are subject to suspension of all services without further notice.
Hosting services are billed in advance for the billing period. All other services are billed upon completion of service or in accordance with an agreed payment schedule.
In the course of providing services to you, confidential information collected from users of your web site may be stored on Promit’s web, database and/or e-mail servers. Promit may create user accounts with confidential passwords for the express purpose of giving you access to your e-mail, stored files and information collected by your web site. You agree that it is your responsibility to protect your account information. Promit agrees to take reasonable precautions to protect confidential information residing on its web, database and e-mail servers; however, under no circumstances will Promit be held liable for any financial loss or any other damages resulting from the theft or other compromise of this information.
You understand and agree that temporary interruptions of service may occur as normal events. Promit agrees to exercise reasonable care to prevent such occurrences; however, under no circumstances will Promit be held liable for any financial loss or other damages due to such interruptions.
In no event shall Promit be liable to you or any other person for any special, incidental, consequential or punitive damages of any kind.
PROMIT HEREBY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING IMPLIED WARRANTIES OF FITNESS, MERCHANTABILITY AND PERFORMANCE.
You agree to indemnify and hold Promit harmless from all claims, losses, liens, expenses, suits and attorney's fees (“Liabilities”) for injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this Agreement, except to the extent that such Liabilities arise from the active negligence or willful misconduct of Promit.
Promit reserves the right to suspend or terminate any and all services to you at any time without notice.
Promit reserves the right to remove any material from your web pages which, in its sole opinion, is inappropriate.
You acknowledge that electronic mail is not a secure method of communication and messages may be intercepted by parties other than the intended recipient. You give Promit permission to examine any messages as necessary to ensure the proper operation of the electronic mail system.
Promit will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any SPAM or other unsolicited bulk e-mail. In addition, you agree to pay Promit for any and all damages incurred as a result of SPAM or unsolicited bulk e-mail activity conducted by you or your company.
This document defines the entire agreement between you and Promit, supercedes any other prior agreements, and cannot be altered except by a future revision of Promit’s Standard Terms and Conditions or by mutual written agreement.
