the days of handshakes are over, and you must protect yourself. I know this first hand for a fact. Sixteen (16) years in the business of dealing with legal matters tells me everyone doing any business should have this in their system just as they have spell check and a thesaurus."
COMPANY ACCEPTABLE USE POLICY AUP THIS AGREEMENT is made this current day day of current month current year by and between company name hereafter referred to as Customer and company name hereafter referred to as Company The purpose of this policy is to set forth an Acceptable Use Policy AUP by which Customer will abide while using renting leasing or otherwise making use of Company goods and services. By using Companys Web Hosting and Email services Customer agrees to comply with the following policies and assume responsibility for the compliance of all Customers Users permitted by Customer to use Company products and services. Terms and Conditions As service the standard Acceptable Use Policy is provided below. 1. Right to Service.
a Companys service will be provided on an as is as available basis. Further Company provides no warranty written expressed or implied for any Web Hosting and Email services provided including without limitation warranty of the merchantability and warranty of fitness for particular purpose. This expressly includes any reimbursement for losses of income due to disruption of service by Company or its providers beyond the fees paid to Company for services. b Customer and Customers Users will use the Web Hosting and Email services in manner consistent and compliant with any and all applicable laws of the State of state or province and the U. S. Federal Government. c Use of any information obtained by way of Company is at Users own risk and Company specifically denies any responsibility for the accuracy or quality of information obtained through its services. Company makes no warranty written expressed or implied of any guaranteed uptime or that the service will function at reliable level based on past performance. d Company is not responsible for any damages arising from Customers or Customers Users use of Companys Services or by any inability to use the Web Hosting and Email services for any reason. e Company shall make every reasonable effort to protect data stored on Customers Server s. Company is not responsible for Customer or Customers Users data files or directories residing on Companys equipment. Customer is solely responsible for maintaining data files and back ups. 2. Limit of Liability. Company shall not be liable for any content posted opinions expressed or actions taken by any of the Users of Company services. Any conduct that violates the laws regulations or the accepted norms of the Internet community or the community standards in which the User lives whether expressly mentioned in this Agreement or not is strictly prohibited. Company reserves the exclusive right to prohibit any activities that it deems will adversely affect its commercial reputation or goodwill endanger its network impact its Customers or expose it to liability or tort. 3. Modification of Agreement.
Company reserves the right to add modify or delete any provision of this Agreement at any time and without notice. Company reserves the exclusive right and will be the sole arbiter as to what constitutes violation of any of these provisions. 4. Misuse of System Resources. It is violation for anyone who including but not limited to employs posts or programs that consume excessive CPU time server memory or storage space; permits the use of mail services mail forwarding capabilities POP accounts or auto responders other than for their own account; or resells access to CGI scripts installed on Company servers. Company reserves the right to immediately and without notice to the User terminate any service or process that uses disproportionate amount of any system resources. 5. Potentially Tortuous or Illegal Conduct. The following shall be construed as violations of this Agreement and may result in suspension or deletion of Customers Users account or in Termination of this Agreement. a Company products and services may only be used only for lawful purposes. Transmission distribution or storage of any material in violation of any applicable law or regulation is strictly prohibited. This includes without limitation material protected by copyright trademark trade secret or other intellectual property right used without proper authorization or material that is obscene defamatory constitutes an illegal threat or violates export control laws. Non acceptable content or links may include but are not limited to. Pirated software Hackers programs or archives Warez Game Mods or Patches Irc Bots Chat Sites Servers Pornography and Adult Content TGP or any other file or media deemed by Company to be illegal or for which Customer or Customers Users do not have the legal right to use post or otherwise store on Company servers.
b No one shall post defamatory scandalous or private information about person without their consent or with intention to inflict emotional distress or post any information that violates any rightful trademarks copyrights or other intellectual property rights. c Sending unsolicited email messages Spam from or through Companys servers including without limitation commercial advertising or informational announcements shall be prohibited. Company reserves the right to terminate this Agreement and any other accounts under Customers account if Company determines that unsolicited mass email has occurred or if Company receives complaints that unsolicited email messages have been sent from Customers account. d Posting to any Usenet or other newsgroup forum email mailing list or other similar group or list articles with the intent to engage in commercial advertising or informational announcements. e Engaging in any of the foregoing activities using the service of another provider but channeling such activities through Company provided server or using Company provided server as mail drop for responses. f Any unauthorized distribution or copying of copyrighted material violations of U. S. export restrictions harassment fraud dealing in contraband and other illegal activities or dealing in content and material that has been deemed illegal in the Users community state province or municipality. g Falsifying any User information provided to Company or to other Users of the service in connection with the use of Company service. 6. System and Network Security. Violations of system or network security are strictly prohibited and may result in criminal or civil liability. Examples include but are not limited to. allowing unauthorized access use probe or scan of any Company system security authentication measures data or traffic; interference with service to any User host or network mail bombing flooding or attempts to overload system or broadcast attacks. Customers or Customers Users shall not engage in forging of any TCP IP packet header email headers or any other information provided or passed through Company Systems or Network at any time.
7. Domain Name Agreements Restrictions and Transfer Policies. Under ICANN policy Company is prohibited from allowing the transfer of domain name Registrars during the first sixty days after initial registration of the domain name. This applies to ALL domain names regardless of where they are purchased. Domain names cannot be transferred to or from Companys system within this period. Beginning on the sixty first 61st day after the initial registration the procedures for transferring domain names can be completed without restriction. The full ICANN policy concerning domain name registration can be found at ICANN. ORG. 8. Domain Name Transfer Notifications. Company does not guarantee that all domain name transfers or updates to DNS records MX records Aliasing Records URL forwarding domain name forwarding or other Registrar or DNS related service or product will succeed. 9. DNS Information. Company shall not be responsible for updating any of the DNS records or entries for transferred domain names. Customer shall have sole responsibility for ensuring that all relevant DNS entries for domain name are correct. Fees paid for transferred domain names are not refundable if the transfer fails for any reason. This may include but is not limited to. timeouts resulting from delay in owner or registry approval incorrect contact information in the WHOIS record or attempted transfers of domains that are not transferable for any other reason. 10. Consequences of Violation. If Company becomes aware of an alleged violation of any of the terms contained in this Agreement or any other policy that has been posted on its web site made available to Customer via email or posted in any other form Company shall initiate an investigation. During the investigation Company may restrict Customer or Customers Users access to Company products and services in order to prevent further possible unauthorized activity. Company may at its sole discretion restrict suspend or terminate Customers account without notice or refund or pursue civil remedies as it deems necessary. Company shall notify the appropriate law enforcement department of any such violations. Company shall not be responsible for any payment refunds or compensation in any way for service disruptions or termination resulting from violations of this Agreement. The undersigned represents and warrants that on the date first written above the undersigned is authorized to enter into this Agreement in its entirety and duly binds respective principals by the signature below.
EXECUTED as of the date first written above. company name By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed Customer Initials
This policy is intended to be used as starting services policy template for online use. Edit as needed for each specific web site and integrate the text into the web site HTML code and reformat as needed. company name DISCLAIMER FOR INTERACTIVE SERVICES company name maintains the interactive portion of their Web Site web site domain URL as service free of charge. By using any interactive services provided herein you are agreeing to comply with and be bound by the terms conditions and notices relating to its use. 1. As condition of your use of this Web Site and the interactive services contained therein you represent and warrant to company name that you will not use this Web Site for any purpose that is unlawful or prohibited by these terms conditions and notices. 2. This Web Site contains one or more of the following interactive services. bulletin boards chat areas news groups forums social networks communities and or other message or communication facilities. You agree to use such services only to send and receive messages and material that are proper and related to the particular service area group forum community or other message or communication facility. In addition to any other terms or conditions of use of any bulletin board services chat areas news groups forums social networks communities and or other message or communication facilities you agree that when using one you will not. Publish post upload distribute or disseminate any inappropriate profane derogatory defamatory infringing improper obscene indecent or unlawful topic name material or information.
Upload files that contain software or other material protected by intellectual property laws or by rights of privacy of publicity unless you own or control such rights or have received all necessary consents. Upload files that contain viruses corrupted files or any other similar software or programs that may damage the operation of anothers computer. Advertise any goods or services for any commercial purpose. Offer to sell any goods or services for any commercial purpose. Conduct or forward chain letters or pyramid schemes. Download for distribution in any manner any file posted by another user of forum that you know or reasonably should know cannot be legally distributed in such manner. Defame abuse harass stalk threaten or otherwise violate the legal rights such as rights of privacy and publicity of others. Falsify or delete any author attributions legal or other proper notices proprietary designations labels of the origin source of software or other material contained in file that is uploaded.
Restrict or inhibit any other user from using and enjoying any of the bulletin board services chat areas news groups forums communities and or other message or communication facilities. 3. company name has no obligation to monitor the bulletin board services chat areas news groups forums social networks communities and or other message or communication facilities. However company name reserves the right at all times to disclose any information deemed by company name necessary to satisfy any applicable law regulation legal process or governmental request. company name reserves the right at all times to edit refuse to post or remove any information or materials in whole or in part. 4. You acknowledge that communications to or with bulletin board services chat areas news groups forums social networks communities and or other message or communication facilities are not private communications therefore others may read your communications without your knowledge. You should always use caution when providing any personal information about yourself or your children. company name does not control or endorse the content messages or information found in any bulletin board services chat areas news groups forums social networks communities and or other message or communication facilities and specifically disclaims any liability with regard to same and any actions resulting from your participation. To the extent that there are moderators forum managers or hosts none are authorized company name spokespersons and their views do not necessarily reflect those of company name. 5. The information products and services included on this Web Site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. company name may make improvements and or changes in this Web Site at any time. Advice received via this Web Site should not be relied upon for personal legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation. 6. company name makes no representations about the suitability reliability timeliness and accuracy of the information products and services contained on this Web Site for any purpose. All such information products and services are provided as is without warranty of any kind.
12. This Agreement shall be governed by and construed in accordance with the laws of the State of state or province. Exclusive jurisdiction and venue shall be in the county County state or province Superior Court. Binding Effect. This Agreement shall be binding upon all who use company names services property and other assets mentioned in this agreement with respect to this Web Site and associated content and it supersedes all prior or contemporaneous communications and proposals whether electronic oral or written with respect to this Web Site. printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Fictitious names of companies products people characters and or data mentioned herein are not intended to represent any real individual company product or event. Any rights not expressly granted herein are reserved.
SOCIAL NETWORKING SERVICES AGREEMENT THIS AGREEMENT is made this current day day of current month current year by and between company name Company and company name Customer Recitals A. Company has experience and expertise in the development of social networking social networking platform strategies for web pages web sites and other computer networks. B. Customer desires to have Company develop and deploy social networking strategies and custom social networking site design social networking campaign provide custom programming and integration services and other services as outlined in Exhibit attached herein the Specifications C. Company desires to develop Customers social networking strategy and services on the terms and conditions set forth herein.
Agreements In consideration of the mutual covenants set forth in this Agreement Customer and Company hereby agree as follows. 1. Development of Social Networking Strategy and Optimization Services. Company agrees to create install edit manage develop and employ custom social networking strategies according to the terms listed on Exhibit attached hereto. 2. Specifications. Company agrees to develop the social networking pursuant to the Specifications set forth in Exhibit B. 3. Delivery Dates and Milestones.
Company will use reasonable diligence in the development of the social networking services and endeavor to deliver to Customer all deliverables and milestones no later than delivery date. Customer acknowledges however that this delivery deadline and the other payment milestones listed in Exhibit are estimates and are not required delivery dates. Company will retain all documents source code password lists and other assets employed or created for Customer during the execution of this agreement. Customer will only receive the output formats of Companys work where applicable. The output is to be used only within the scope of the project as outlined in Exhibit A. Customer shall retain all of its intellectual property rights in any text images or other components it owns and delivers to Company for use in the social networking services rendered under this agreement. 4. Services Provided. Social networking services are intended to establish for the Customer presence across multiple social networking platforms as outlined in Exhibit B. Services may include specific campaigns to drive traffic to or build membership in various social networking platforms as well as reporting results on an ongoing and timely basis. Social networking services may include but are not limited to the following. 4 Social Networking Site Selection. Company will provide comprehensive list of social networking sites and platforms based upon research completed by Company and presented to Customer that best suits the demographic Customer is trying to reach with its social networking efforts.
4 Social Networking Site Page or Account Creation Edits and Custom Programming. Company will create or edit Customers existing social networking site page or account as deemed necessary by Company in order to meet the goals as stated in the Specifications. Company will register Insert the social networking domain count additional domains to be used as gateways to improve social networking services. Registration shall be in Customers name and schedule of fees for maintaining the additional domains shall be billed to Customer accordingly. Company will create Insert additional campaigns additional campaigns for the purpose of targeting specific agreed upon demographics in order to drive interest in Customers social networking efforts. These campaigns will be placed in locations determined to be most effective and at Companys sole discretion. Company may employ proprietary techniques coding and other resources as it deems necessary to improve Customers social networking efforts. Company reserves the right to create specially coded Web Pages to prevent competitors from copying code or any resources employed by Company. 4 Software. Company will install update upgrade and configure the following software packages the Installation or the Software as required by the Specifications and provide documentation and instructions to Customer on using all Software installed by Company. Company shall provide hours hours of training to Customer and turn over all disks CD ROMs digital media downloads links or other Software purchased for Customer under this Agreement to Customer. Company shall not be responsible for keeping copies back ups or any other form of the Software after turning over the original copies to Customer. Company will not maintain the Installation updates or any daily tasks required for the maintenance of the Software under this Agreement unless otherwise specified in Exhibit B. Company will not manage or maintain copies of licenses for any of the software packages or installations under this Agreement. All licenses for software installations will be turned over to Customer upon execution of this Agreement. 4 Social Networking and Management Services.
Company will manage Customers social networking accounts and pages as stated in the Specifications. Insert services related to specific social networking accounts and other disclaimers if used. Company will create custom reports for social networking efforts and positioning of Customers social networking Site or other custom Pages created by Company under this Agreement. Company will provide detailed reports as required by the Specifications and shall endeavor to provide the reports to Customer in timely manner. Customer acknowledges that any reports provided by Company are to be considered estimates based on industry standard reporting software and techniques and shall never be construed as an exact counting of each and every submission. Insert exclusions to reporting and other disclaimers if any. Company will provide editing services and continue to adjust all Accounts Pages Fan Sites Business Sites and other media created under this Agreement for period of days days in order to increase the effectiveness of social networking services. Insert exclusions to editing services and other disclaimers if any.
Company will create and employ the following third party tools for Customer. Insert specifics including number of keywords pay per click campaign maximum bids etc. Insert additional services to be performed for Customer under this Agreement if any. Company will develop and maintain regular monitoring and reporting on social networking and Third Party Advertising Performance that is used in conjunction with the social networking Services. Reports will be provided to Customer on monthly basis. Customer acknowledges the following with respect to services. a Company accepts no responsibility for policies of third party social networking Sites Directories or other Web Sites Third Party Resources that Company may use with respect to the classification or type of content it accepts whether now or in the future. Customers social networking Sites Web Site or content may be excluded or banned from any Third Party Resource at any time. Customer agrees not to hold Company responsible for any liability or actions taken by Third Party Resources under this Agreement. b Customer acknowledges that the nature of many of the resources Company may employ under this Agreement are competitive in nature. Company does not guarantee #1 positions consistent positioning top positions or guaranteed placement for any particular social networking Site Keyword Phrase or Search Term s. Customer acknowledges that Companys past performance is not indicative of any future results Customer may experience. c Customer acknowledges that social networking and submissions can take an indefinite amount of time for results and inclusion unless paid advertising programs are employed. Each edit or change made to any resources employed by Company will repeat these times. d Customer acknowledges that any of the social networking sites or other resources may block prevent or otherwise stop accepting information for an indefinite period of time.
e Customer acknowledges that any search engine may drop social networking sites from its database for no apparent or predictable reason. Company shall adhere to the current policies of the social networking site in question and whether pay inclusion programs are being used. f Company will endeavor to make every effort to keep Customer informed of any changes that Company is made aware of that impact any of the social networking services and the execution thereof under this Agreement. Customer acknowledges that Company may not become aware of changes to Third Party Resources industry changes or any other changes that may or may not affect social networking services. g Customer acknowledges that some of the Third Party Resources offer only paid inclusion programs that require fee or continued maintenance or performance fees. Customer is solely responsible for all paid advertising fees and must maintain adequate funds in any third party accounts in order to maintain inclusion in these resources. Consult Exhibit for complete list of Third Party Resources employed under this Agreement and an estimate of fees for specific advertising keyword targets and other listings. h Company reserves the exclusive right for the duration of this Agreement to approve or disapprove any design strategies existing code or other techniques whether requested by Customer or presently employed by Customer that are considered by Company to be detrimental to social networking and the execution of Companys services under this Agreement. 5. Compensation.
For all of Companys services under this Agreement Customer shall compensate Company in cash pursuant to the terms of Exhibit attached hereto. In the event Customer fails to make any of the payments referenced in Exhibit by the deadline set forth in Exhibit Company has the right but is not obligated to pursue any or all of the following remedies. terminate the Agreement remove equipment software services or resources owned by Company whether leased to Customer by Company or not and any Company personnel or staff from Customer location bring legal action. 6. Confidentiality. Customer and Company acknowledge and agree that the Specifications and all other documents and information related to the development of social networking the Confidential Information will constitute valuable trade secrets of Company. Customer shall keep the Confidential Information in confidence and shall not at any time during or after the term of this Agreement without Companys prior written consent disclose or otherwise make available to anyone either directly or indirectly all or any part of the Confidential Information. 7. Limited Warranty and Limitation on Damages. Company warrants that social networking products and services will conform to the Specifications for period of days from the date of acceptance by Customer. If social networking services do not conform to the Specifications Company shall be responsible to correct social networking services without unreasonable delay at Companys sole expense and without charge to Customer to bring social networking services into conformance with the Specifications. This warranty shall be the exclusive warranty available to Customer. Customer waives any other warranty express or implied. Customer acknowledges that Company does not warrant that social networking services will work on all platforms. Customer acknowledges that Company will not be responsible for the results press reputation productivity or any other measurable metric not specified in Exhibit obtained by Customer on social networking services. Customer waives any claim for damages direct or indirect and agrees that its sole and exclusive remedy for damages either in contract or tort is the return of the consideration paid to Company as set forth in Exhibit attached hereto. Developers note. When creating the Specifications in Exhibit make sure to clearly outline the services to be performed which you have control over. It is not recommended to include expected results in Specifications as you may not be able to then meet the terms of your Agreement and maintain results for the entire warranty period. If you do agree to terms you may not have control over in the Specifications consider removing the default 30 day warranty and specify there is no warranty. You want to ensure to always agree only to Specifications you can complete. For example do not warrant that social networking sites will list any campaign in the top results on search but do warrant that you performed all content creation and distribution of content per the guidelines of the specified social networking platforms. 8. Independent Contractor.
Company shall be retained as an independent contractor. Company will be fully responsible for payment of its own income taxes on all compensation earned under this Agreement. Customer will not withhold or pay any income tax social security tax or any other payroll taxes on Companys behalf. Company understands that its staff will not be entitled to any fringe benefits that Customer provides for its employees generally or to any statutory employment benefits including without limitation workers compensation or unemployment insurance. 9. Equipment Access. Customer agrees to make available to Company for Companys use in performing the services required by this Agreement such items of hardware and software as Customer and Company agree are reasonably necessary for such purpose. Customer agrees to make available any access to services hosting ftp or other resources deemed necessary by Company to fulfill its obligations under this Agreement. 10. General Provisions. 10 Entire Agreement.
This Agreement contains the entire Agreement between the parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings written or oral between the parties related to the subject matter hereof. No modification of this Agreement shall be valid unless made in writing and signed by both parties hereto. 10 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of state or province. Exclusive jurisdiction and venue shall be in the county County state or province Superior Court. 10 Binding Effect. This Agreement shall be binding upon and enure to the benefit of Customer and Company and their respective successors and assigns provided that Company may not assign any of its obligations under this Agreement without Customers prior written consent. 10 Waiver. The waiver by either party of any breach or failure to enforce any of the terms and conditions of this Agreement at any time shall not in any way affect limit or waive such partys right thereafter to enforce and compel strict compliance with every term and condition of this Agreement.
10 Good Faith. Each party represents and warrants to the other that such party has acted in good faith and agrees to continue to so act in the negotiation execution delivery performance and any termination of this Agreement. 10 No Right to Assign. Customer has no right to assign sell modify or otherwise alter this Agreement except upon the express written advance approval of Company which consent can be withheld for any reason. 10 Right to Remove Resources.
In the event Customer fails to make any of the payments set forth on Exhibit within the time prescribed in Exhibit Company has the right to remove any social networking resources under Company control until payment is paid in full plus accrued late charges of 2% per month. 10 Indemnification. Customer warrants that everything it provides Company to employ in social networking services is legally owned or licensed to Customer. Customer agrees to indemnify and hold Company harmless from any and all claims brought by any third party relating to any aspect of social networking services including but without limitation any and all demands liabilities losses costs and claims including attorneys fees arising out of injury caused by Customers products services material supplied by Customer copyright infringement and defective products sold via social networking services. Customer agrees to indemnify Company from responsibility for problems disruptions caused by third party services that Customer may use such as merchant accounts shopping carts shipping hosting services real time credit card processing and other services that relate to the ownership and operation of social networking resources. 10 Use of Material for Promotional Purposes. Customer grants Company the right to use its work in producing social networking services for promotional purposes and or to cross link it with other advertising developed by Company. Customer grants Company the right to list reference or otherwise identify Customer as client of Company in Companys advertising and marketing.
10. 10 No Responsibility for Loss. Company will have no responsibility for any third party disrupting intruding or copying files in part or in whole on all or any part of the work performed for social networking services. Company is not responsible for any down time lost files improper links or any other loss that may occur in the operation of social networking services under this Agreement. 10. 11 Right to Make Derivative Works. Company will have the exclusive rights in making any derivative works from any of its work practices coding programming or other work in regards to social networking services. 10. 12 Attorneys Fees. In the event any party to this Agreement employs an attorney to enforce any of the terms of the Agreement the prevailing party shall be entitled to recover its actual attorneys fees and costs including expert witness fees. 10. 13 Identification of Company.
Customer agrees that Company identification may be annotated and remain within the code or on the Pages social networking Site or Web Site as the authors. Customer also agrees to put Companys copyright notices on social networking services and the relevant content therein. 10. 14 Transfer of Rights. In the event Company is unable to continue maintenance of social networking services non exclusive rights to social networking services will be granted to Customer. Transfer of Rights does not apply to non transferable third party licenses and proprietary Material owned by the Developers. 10. 15 Domain Name. Any domain name registered on Customers behalf will be made in Customers name for both the billing and administrative contacts. The technical contact is generally required to be the hosting ISP or Domain Registrar. Company will not register domain names in Company name. Customer is responsible for renewing Customers domain name. Both parties represent and warrant that on the date first written above they are authorized to enter into this Agreement in entirety and duly bind their respective principals by their signatures below.
EXECUTED as of the date first written above. company name By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed company name
By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed Customer Initials Company Initials