DESCRIPTION OF SERVICE By completing the registration for the Service, the CLIENT creates a Service account. CLIENT may then use the account to subscribe one or more URLs to the Service. Specific functions to be performed on these URLs by the Service will depend on the service package chosen by Client.
CLIENT must: (1) supply information required to set up his account and URL(s) to be serviced; and (2) provide for own access to the World Wide Web and pay any telephone service fees associated with such access. If any information provided by Member is inaccurate, itsmywebmaster retains the right to terminate client's contract and right to use the Service.
INDEMNIFICATION CLIENT agrees to indemnify and hold itsmywebmaster, its officers, employees and supporting contractors, harmless from any claim or demand, including attorney's fees, made by any third party due to or arising out of Client's use of the Service, the violation of this NTOS by Client, or the infringement by Client, or other user of the Service using Member's computer, of any property or other right of any person or entity.
CONFIDENTIALITY We will not deliberately disclose or share CLIENT’s data with any other party unless required by law, by subpoena or court of law, or requested by CLIENT in writing.
CLIENT REPRESENTATIONS CLIENT affirms, for any URL tested by the Service through his account, that he is the legal owner of the URL, an employee of the legal owner of the domain with consent to use the Service or has otherwise obtained express written consent from the legal owner of the domain. Client expressly agrees to indemnify webmaster from any claims by a third party arising from use of the Service in testing a URL.
RIGHT OF ACCESS Client grants webmaster permission to download files from any URL monitored by the Service as part of Client's account services. Client understands that operation of the Service will involve repeated access by the Service to any URL monitored.
COMPENSATION FOR SERVICE In consideration of this Service, Client agrees to pay itsmywebmaster a nonrefundable subscription fee for each URL serviced. Subscription fees are determined separately for each URL in Client 's account, with fees being established at the time URL subscription is entered. Subscription fees are dependent upon the Service package selected.
MODIFICATIONS TO SERVICE Client will be notified of any modifications made to the service 15 days before any changes are implemented.
LAWS All questions concerning the validity and operation of this agreement and the performance of the obligations imposed on the parties under this agreement will be governed by a mutually agreed upon arbitrator.
TERMINATION Either party may terminate this agreement any time after the initial 6 months and with 30 days written notice prior to the desired date of the termination of the service. There would be no penalty for terminating the Service. Payment terms remain the same for the final 3 days. Contract terms continue until time of cancellation.
