World Wide Web Site Contract
The following terms and conditions are outlined as part of the agreement between studio x inc and the “Client” for the purpose of electronic distribution on the Internet via the World Wide Web. The contract agreement is organized in sections which stipulate the terms of the agreement.
The Client will submit digital information to studio x inc to be placed, without alteration or modification, upon the studio x inc World Wide Web server for electronic distribution over the Internet via the World Wide Web Hypertext Transfer Protocol.
The Client is solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations pertaining to the Client's use of studio x inc resources.
Neither studio x inc nor its Information Providers are responsible for any incidental losses or damages which might result from the Client's use of studio x inc or by the Client's inability to use studio x inc. studio x inc shall not be held responsible for any mistakes, errors, or problems in the information submitted to studio x inc for distribution. studio x inc shall not be held responsible for any damage to information supplied by the Client.
The Client is solely responsible for maintaining backup copies of the digital information submitted by the Client to studio x inc for distribution.
Should Client desire to engage in commerce through its site, it must engage in secure commerce OR post the following notice at all times on the commerce page of the site:
"This is not a secure server. If you choose to engage in commerce with [name of Client] you do so at your own risk. Neither studio x, inc., nor any of its agents, servants, or employees, shall be liable for any damages arising out of your decision to engage in commerce on a server that is not secure."
Should Client desire to engage in a chat room on its site, it must post the following notice at all times on the beginning page of the site:
"This chat room is not sponsored or regulated in any way by studio x, inc. If you choose to engage in this type of activity, you do so at your own risk. Neither studio x, inc., nor any of its agents, servants, or employees, shall be liable for any damages arising out of your decision to engage in this type of activity."
Client assumes all responsibility for any losses or damages of any nature from any person due to Client's engaging in commerce through its site and/or engaging in a chat room on its site, and shall indemnify and hold studio x, inc., and each and every one of its agents, servants, or employees harmless from any losses, damages, or claims of any type.
The Client assumes all responsibility for any losses due to the inappropriate use of credit card information. The Client will be responsible for verification and processing of consumer credit information supplied by any consumer on forms pages contained in any studio x inc Web site which has been contracted for by the Client.
Client agrees to pay studio x inc the fees and charges as reflected on "Exhibit A" as attached hereto for distribution of Client's material. If Client's Site increases or decreases in total file size, studio x inc reserves the right to immediately amend this monthly charge.
Billing cycle is monthly, beginning with the first of each month that Client's Site is initially distributed. studio x inc reserves the right to change prices and billing procedures upon thirty days notice to the Client. Payment will be made by credit card, money order, or check only.
A surcharge of $50.00 will be applied for all returned checks.
Accounts that have become overdue in excess of 60 days will be automatically disabled until payment for all monies due is received by studio x inc.
The Client agrees to pay all billed amounts according to their credit card issuer agreement. The Client must pay in advance for rental space, minimum one month’s rental plus all set-up charges in advance. All charges are subject to New Mexico Gross Receipts Tax where applicable by law. All payments must be sent to:
studio x, inc
805 Early St. #B206
Santa Fe, NM 87505
studio x inc may supply monthly statistics of the number of accesses to the Client’s site via the studio x inc statistics site. If available, stats will be accessible through your control panel or your chosen 3rd party stats provider.
studio x inc reserves the right to change without notice all services, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, and services offered. studio x inc offers a good-faith assurance that such service changes will not be made except to improve studio x inc’s level of service.
studio x inc services are provided on an "as is, as available" basis. No warranties, express or implied, including but not limited to those of merchant ability or fitness for a particular purpose, are made with respect to studio x inc or any information or software therein.
If the Client removes the Client’s site from the studio x inc Web server to another Web server after termination of this Agreement, studio x inc is under no obligation to publish a forwarding page linked to the new location of the Client’s site. The Client has the right to create a forwarding page linked to a new location and distribute it on the studio x inc server prior to the termination of this agreement.
The Client may terminate this Agreement at any time for any reason, without refund. Cancellation of account must be in writing, submitted via email or postal mail.
As the Client shall be responsible for maintaining a backup copy of the digital information contained in their site, studio x inc will, upon the termination of this Agreement, delete and not return any and all digital information submitted by the Client unless other arrangements are made in advance.
The failure of studio x inc to declare a default immediately upon its occurrence, or to delay in taking any action, shall not constitute a waiver of the default, studio x inc. shall have the right to declare the default at any time thereafter or to take any and all legal actions available.
If any provision of this agreement is determined to be invalid or unenforceable, this agreement shall be deemed amended to delete the valid or unenforceable portion, and to leave the balance of this agreement valid and enforceable.
This agreement embodies the entire agreement among the parties and supersedes all prior agreements between parties. THERE EXISTS NO AGREEMENTS, REPRESENTATIONS, WARRANTIES, STIPULATIONS, OR UNDERSTANDINGS THAT ARE NOT EXPRESSLY SET OUT HEREIN.
This agreement shall be binding upon and inure to the benefits of the parties hereto and their respective partners, officers, directors, stockholders, agents, employees, legal representatives, heirs, successors and assigns.
The Client will submit digital information to studio x inc to be placed, without alteration or modification, upon the studio x inc World Wide Web server for electronic distribution over the Internet via the World Wide Web Hypertext Transfer Protocol.
Transference and Legal Responsibility
The benefits or rights conferred upon the Client by this agreement cannot be transferred, shared, assigned or sold.The Client is solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations pertaining to the Client's use of studio x inc resources.
Neither studio x inc nor its Information Providers are responsible for any incidental losses or damages which might result from the Client's use of studio x inc or by the Client's inability to use studio x inc. studio x inc shall not be held responsible for any mistakes, errors, or problems in the information submitted to studio x inc for distribution. studio x inc shall not be held responsible for any damage to information supplied by the Client.
The Client is solely responsible for maintaining backup copies of the digital information submitted by the Client to studio x inc for distribution.
Should Client desire to engage in commerce through its site, it must engage in secure commerce OR post the following notice at all times on the commerce page of the site:
"This is not a secure server. If you choose to engage in commerce with [name of Client] you do so at your own risk. Neither studio x, inc., nor any of its agents, servants, or employees, shall be liable for any damages arising out of your decision to engage in commerce on a server that is not secure."
Should Client desire to engage in a chat room on its site, it must post the following notice at all times on the beginning page of the site:
"This chat room is not sponsored or regulated in any way by studio x, inc. If you choose to engage in this type of activity, you do so at your own risk. Neither studio x, inc., nor any of its agents, servants, or employees, shall be liable for any damages arising out of your decision to engage in this type of activity."
Client assumes all responsibility for any losses or damages of any nature from any person due to Client's engaging in commerce through its site and/or engaging in a chat room on its site, and shall indemnify and hold studio x, inc., and each and every one of its agents, servants, or employees harmless from any losses, damages, or claims of any type.
Authorities and Permissions, Consumer Credit
The Client hereby affirms that all digital information submitted for distribution does not infringe upon any copyright, trademark, patent, statutory or common law, or proprietary rights of others. The Client hereby affirms that all digital information submitted for distribution does not contain anything deemed to be obscene, indecent or libelous. Further, the Client shall indemnify studio x inc with respect to any damages, loss or legal expense which might result from the distribution of any materials provided by the Client.The Client assumes all responsibility for any losses due to the inappropriate use of credit card information. The Client will be responsible for verification and processing of consumer credit information supplied by any consumer on forms pages contained in any studio x inc Web site which has been contracted for by the Client.
studio x Pricing, Billing, Fees, and Surcharges
Client agrees to pay studio x inc the fees and charges as reflected on "Exhibit A" as attached hereto for distribution of Client's material. If Client's Site increases or decreases in total file size, studio x inc reserves the right to immediately amend this monthly charge.
Billing cycle is monthly, beginning with the first of each month that Client's Site is initially distributed. studio x inc reserves the right to change prices and billing procedures upon thirty days notice to the Client. Payment will be made by credit card, money order, or check only.
A surcharge of $50.00 will be applied for all returned checks.
Accounts that have become overdue in excess of 60 days will be automatically disabled until payment for all monies due is received by studio x inc.
The Client agrees to pay all billed amounts according to their credit card issuer agreement. The Client must pay in advance for rental space, minimum one month’s rental plus all set-up charges in advance. All charges are subject to New Mexico Gross Receipts Tax where applicable by law. All payments must be sent to:
studio x, inc
805 Early St. #B206
Santa Fe, NM 87505
Services Provided
studio x inc provides access to the Client's data directly via a specified Universal Resource Locator (URL).studio x inc may supply monthly statistics of the number of accesses to the Client’s site via the studio x inc statistics site. If available, stats will be accessible through your control panel or your chosen 3rd party stats provider.
Linking
studio x inc reserves the right to publish, within its own site(s), a link to the Client’s site. The Client or the Client’s authorized representative may publish a link from the Clients site to the studio x site(s).Modification of Services
All changes, modifications, edits, etc. to Client's site will be made by the Client or by the Client’s authorized representative and submitted to studio x inc for distribution. studio x inc will not alter the Client’s material unless another agreement separate from and in addition to this one authorizes studio x inc to make such alterations.studio x inc reserves the right to change without notice all services, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, and services offered. studio x inc offers a good-faith assurance that such service changes will not be made except to improve studio x inc’s level of service.
studio x inc services are provided on an "as is, as available" basis. No warranties, express or implied, including but not limited to those of merchant ability or fitness for a particular purpose, are made with respect to studio x inc or any information or software therein.
Intellectual Property
The Client retains all rights of "intellectual property". studio x inc will not reproduce "intellectual property" without permission from the Owner, unless reproduction is required for the upkeep of the Client's Web Site.Summary, Exceptions, Modifications, Acceptance
studio x inc may modify terms and conditions upon notice to Client. The Client's use of studio x inc resources after such notice shall constitute Client's acceptance of the modifications to the Agreement.Termination of Agreement
studio x inc may terminate this Agreement without refund and with two business days’ notice, by telephone or electronic mail, upon any breach of this Agreement by the Client. studio x inc may terminate this agreement for any other reason upon 30 days notice submitted in writing via postal mail to the Client.If the Client removes the Client’s site from the studio x inc Web server to another Web server after termination of this Agreement, studio x inc is under no obligation to publish a forwarding page linked to the new location of the Client’s site. The Client has the right to create a forwarding page linked to a new location and distribute it on the studio x inc server prior to the termination of this agreement.
The Client may terminate this Agreement at any time for any reason, without refund. Cancellation of account must be in writing, submitted via email or postal mail.
As the Client shall be responsible for maintaining a backup copy of the digital information contained in their site, studio x inc will, upon the termination of this Agreement, delete and not return any and all digital information submitted by the Client unless other arrangements are made in advance.
Terms and Conditions
This agreement shall be construed under the laws of the State of New Mexico and upon its breach by either party, the non-breaching party shall have available any remedy under the laws of the State of New Mexico, including reasonable attorney's fees and costs.The failure of studio x inc to declare a default immediately upon its occurrence, or to delay in taking any action, shall not constitute a waiver of the default, studio x inc. shall have the right to declare the default at any time thereafter or to take any and all legal actions available.
If any provision of this agreement is determined to be invalid or unenforceable, this agreement shall be deemed amended to delete the valid or unenforceable portion, and to leave the balance of this agreement valid and enforceable.
This agreement embodies the entire agreement among the parties and supersedes all prior agreements between parties. THERE EXISTS NO AGREEMENTS, REPRESENTATIONS, WARRANTIES, STIPULATIONS, OR UNDERSTANDINGS THAT ARE NOT EXPRESSLY SET OUT HEREIN.
This agreement shall be binding upon and inure to the benefits of the parties hereto and their respective partners, officers, directors, stockholders, agents, employees, legal representatives, heirs, successors and assigns.
