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This User Agreement ("Agreement") is an agreement between Web Team
Professionals, Inc. ("Web Team Pros"), a Massachusetts Corporation, and the party set
forth in the related order form incorporated herein by reference (together with any
subsequent order forms submitted by Customer, the "Order Form"), and applies to the
purchase of all services (collectively, the "Services") ordered by Customer. Such party
is referred to in this Agreement as "Customer" or "you". PLEASE READ THIS AGREEMENT
CAREFULLY. YOUR USE OF THE SERVICES CONSTITUTES ACCEPTANCE OF THIS AGREEMENT. Web Team
Pros reserves the right to reject this Agreement for any reason or no reason, prior to
acceptance thereof by Web Team Pros. Activation of the Services shall indicate acceptance of
this Agreement by both parties. Subject to the terms and conditions of this Agreement,
Web Team Pros will provide to Customer the Services selected by Customer.
1. Acceptable Use Policy.
Under this Agreement, Customer shall comply with Web Team Pros' then current "Acceptable Use
Policy", as amended, modified or updated from time to time by Web Team Pros, which currently
can be viewed at
http://www.webteampros.com/acceptableuse.aspx, and
which is incorporated in this Agreement by reference. Customer hereby acknowledges that
it has reviewed the Acceptable Use Policy and that the terms of the Acceptable Use
Policy are incorporated herein by reference. In the event of any inconsistencies
between this Agreement and the Acceptable Use Policy, the terms of the Acceptable Use
Policy shall govern. Web Team Pros does not intend to systematically monitor the content which
is submitted to, stored on or distributed or disseminated by Customer via the Service
(the "Customer Content"). Customer Content includes content of Customer's customers
and/or users of Customer's website. Accordingly, under this Agreement, you will be
responsible for all content and activities on your website. Notwithstanding anything to
the contrary contained in this Agreement, Web Team Pros may immediately take corrective
action, including removal of all or a portion of the Customer Content, disconnection or
discontinuance of any and all Services, or termination of this Agreement in the event
of notice of possible violation by Customer of the Usage Policy. In the event Web Team Pros
takes corrective action due to a violation of the Usage Policy, Web Team Pros shall not refund
to Customer any fees paid in advance of such corrective action. Customer hereby agrees
that Web Team Pros shall have no liability to Customer due to any corrective action that
Web Team Pros may take (including, without limitation, disconnection of Services).
2. Amendment.
Web Team Pros may amend, modify or update this Agreement or the Usage Policy at any time in
its sole discretion, and Customer shall be bound by any such amendment, modification or
update. Web Team Pros may, but is under no obligation to, provide notice of any amendment,
modification or update of this Agreement or the Usage Policy. Any modification is
effective on the earlier of two days after posting on Web Team Pros' website or two days
after the sending of a notice by Web Team Pros to Customer by e-mail or conventional mail. If
any material modification to this Agreement or the Usage Policy is unacceptable to you,
you may terminate your subscription as provided in Section 3. However, if you do not
terminate the Agreement, or if you continue to use the Services following effectiveness
of the modification, your continued use will mean that you have accepted that
modification. Web Team Pros reserves the right to amend its service offerings and add, delete,
suspend or modify the terms and conditions of the Services, at any time and from time
to time, and to determine whether and when any such changes apply to both existing and
future customers.
3. Term; Termination; Cancellation Policy.
The initial term of this Agreement shall be as set forth in the Order Form (the
"Initial Term"). The Initial Term shall begin upon commencement of the Services to
Customer. After the Initial Term, this Agreement shall automatically renew for
successive terms of equal length as the Initial Term, unless terminated or cancelled by
either party as provided in this section. The Initial Term and all successive renewal
periods shall be referred to, collectively, as the "Term".
This Agreement may be terminated (i) by either party by giving the
other party 30 days prior written notice (subject to an early cancellation fee as
provided below), (ii) by Web Team Pros in the event of nonpayment by Customer, (iii) by
Web Team Pros, at any time, without notice, if, in Web Team Pros' judgment, Customer is in violation
of any term or condition of the Usage Policy or Customer's use of the Service disrupts
or, in Web Team Pros' judgment, could disrupt, Web Team Pros' business operations and (iv) by
Web Team Pros in accordance with Sections 1, 9, and 10 of this Agreement.
If you cancel this Agreement prior to the end of the Term, (i) you
shall be obligated to pay all fees and charges accrued prior to the effectiveness of
such cancellation, (ii) Web Team Pros shall refund to you all pre-paid fees for basic hosting
services (shared, dedicated and/or managed) for the full months remaining after
effectiveness of cancellation (i.e., no partial month fees shall be refunded), less any
setup fees and any discount applied for prepayment, (iii) you shall be obligated to pay
100% of all charges for all Services for each month remaining in the Term (other than
basic hosting fees as provided in (ii) above) and (iv) Web Team Pros shall have the right to
charge you an early cancellation fee of $25.00. Any cancellation request shall be
effective 30 days after receipt by Web Team Pros, unless a later date is specified in such
request.
If Web Team Pros cancels this Agreement prior to the end of the Term due to
a violation of its policies, Web Team Pros shall not refund to you any fees paid in advance of
such cancellation and (i) you shall be obligated to pay all fees and charges accrued
prior to the effectiveness of such cancellation, (ii) you shall be obligated to pay
100% of all charges for all Services for each month remaining in the Term and (iii)
Web Team Pros shall have the right to charge you an early cancellation fee of $25.00.
WTP-UA040901
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