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Is this site already hosted elsewhere?
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If yes, by whom?

3. Contact Information

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DIGITAL CAFFEINE USAGE POLICY: DIGITAL CAFFEINE USAGE POLICIES =============================== In order to provide a high class, professional service, we have set up a few guidelines for users of our service. Some of these guidelines may seem strict, but they ensure a safe, functional, and trusted environment for our customers to publish their information on the Web. Many of our competitors do not require their customers to comply with these guidelines. If any of our potential customers are unwilling or unable to comply with these guidelines, we respectfully invite them to visit one of our competitors. Email Usage Policies -------------------- Digital Caffeine does not support unsolicited email messages sent by users of our system (also known as junk email or spam). Users who send unsolicited email messages from our system will have all of their services temporarily suspended. They will then be contacted by Digital Caffeine and informed of the suspension before having their services reinstated. A repeat offense may cause cancellation of service without refund of any fees. Right to Refuse Service ----------------------- Digital Caffeine reserves the right to refuse service to anyone for any reason. We enforce this policy to ensure a professional environment for the users of our system. DIGITAL CAFFEINE USER AGREEMENT =============================== Our complete User Agreement goes into more detail about our policies and the terms of use of our systems. All Digital Caffeine customers must accept the terms of this agreement during the online ordering process, and must comply with the terms of the agreement while using our service. For your convenience, the entire agreement follows: This User Agreement (the "Agreement") governs the terms of the use by Client of services offered by Digital Caffeine ("Provider").Client agrees to receive access to the Digital Caffeine Web Design/Hosting services according to the following terms and conditions: 1. Payment for Services. ------------------------ Client will pay for services provided under this Agreement by invoice provided to Client. When initiating service, Client will be charged the published setup fee for the service plan selected, as well as a pro rated partial month charge according to the service plan for the number of days remaining in the calendar month from the time of initiation of service until the end of the month in which service is initiated. On or about the first day of every month thereafter, Client's will be invoiced for monthly fees for services according to Provider's published schedule. If this Agreement is terminated on some day other than the last day of the month, Client will be obligated to pay for only the pro rata portion of the monthly service plan charge for the month in which the service is terminated. 2. Term. -------- This Agreement may be terminated by Client or Provider at any time without prior notice and without cause. If either party is in default under this Agreement (including nonpayment), then the nondefaulting party may also immediately terminate the Agreement without prior notice to the other party. 3. Compliance with Law. ----------------------- Client will use the services offered by Provider in a manner consistent with all applicable local, state and federal laws and regulations. 4. Prohibition of Publication of Certain Material. -------------------------------------------------- Client shall not knowingly or unknowingly submit to Provider for publication any of the following material (including pictures, links, or any other content): (a) any material which violates or infringes any copyright, trademark, trade secret, patent, statutory, common law or other proprietary rights of others; (b) any material that is libelous or slanderous; (c) any material which is or contains anything obscene, pornographic, or of adult nature; (d) distribution lists to be used via unsolicited electronic mail or other mass electronic mailings. Due to the public nature of the Internet, all material submitted by Client for publication will be considered publicly accessible. Provider does not screen in advance Client's material submitted to Provider for publication. Provider's publication of material submitted by Client does not create any express or implied approval by Provider of such material, nor does it indicate that such material complies with the terms of this Agreement. 5. DISCLAIMER OF WARRANTIES. ---------------------------- PROVIDER'S SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. PROVIDER SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES, EVEN IF PROVIDER HAS BEEN ADVISED BY CLIENT OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IF PROVIDER'S SERVICE TO CLIENT IS DISRUPTED OR MALFUNCTIONS FOR ANY REASON, PROVIDER SHALL NOT BE RESPONSIBLE FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE, BEYOND THE FEES PAID BY CLIENT TO PROVIDER FOR SERVICES, DURING THE PERIOD OF DISRUPTION OF MALFUNCTION. 6. Limitation/Disclaimer of Liability. -------------------------------------- Provider is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider or its customers may utilize. Provider does not represent or warrant to Client that Client will receive continual and uninterrupted service during the term of this Agreement. In no event shall Provider be liable to Client for any damages resulting from or related to any failure or delay of Provider to provide service under this Agreement if such delays or failures are due to strikes, riots, fire, inclement weather, acts of God, theft or vandalism or other causes beyond Provider's control, as defined by standard practices in the industry. Such failure or delay shall not constitute a default under this Agreement. 7. Indemnity. ------------- Client agrees to defend, indemnify and hold Provider harmless from and against any and all claims, losses, liabilities and expenses (including attorneys' fees) related to or arising out of the services provided by Provider to Client under this Agreement, including without limitation claims made by third parties (including customers of Client) related to any false advertising claims, liability claims for products or services sold by Client, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided hereunder, or for any content submitted by Client for publication by Provider, but excluding those related to the negligence of Provider. 8. Governing Law/Venue. ----------------------- This Agreement shall be governed by the laws of the State of Florida. Venue for any action hereunder shall be in Brevard County, Florida. 9. Relationship of the Parties. ------------------------------- The parties intend that an independent contractor relationship will be created by this contract, and that no partnership, joint venture or employee/employer relationship is intended. 10. Taxes. ------------ If any federal, state or local governmental entity with taxing authority over the services provided under this Agreement imposes a tax directly on the services provided by Provider to Client under this Agreement (excluding any income, business and occupation, capital gain, death or inheritance, or other indirect taxes), then Provider may pass the direct amount of such cost on to Client, and Client shall promptly pay such cost. 11. Waiver. ------------- Any party's failure to insist on compliance or enforcement of any provision of this Agreement shall not affect its validity or enforceability or constitute a waiver of future enforcement of that provision or of any other provision of this Agreement. 12. Attorneys' Fees. ---------------------- If a legal proceeding is commenced to enforce or obtain a declaration of rights under this Agreement, the prevailing party in such proceeding shall be entitled to recover its reasonable attorneys' fees and costs incurred in the proceeding from the nonprevailing party, as well as any reasonable attorneys' fees and costs that the prevailing party incurred prior to commencing the proceeding. agree:   disagree