BeOnTheNet's

Terms & Conditions Agreement

Please read these terms and conditions carefully as they form the basis of any contract between BeOnTheNet Inc. and its clients.
Site Content
BeOnTheNet Inc. is a developer of ethical web sites. As such we will not design, promote, or attach links to any site that includes adult content, nudity, obscene language or that encourages or promotes intolerance or discrimination of or towards people or peoples of any race, color, sex, creed or religion. Nor will we design, promote or attach links to any site that advocates, encourages or practices the exploitation of any group or groups in society, including, and in particular, children, the elderly or the disadvantaged.

Activities Subject to Immediate Deactivation
Any Web Site hosted by us that is used for illegal, abusive, or unethical activity may be immediately deactivated by us without warning to you. Illegal, abusive or unethical activities may include, but are not limited to, pornography, obscenity, nudity, violations of privacy, hacking, computer virus, gambling, or promotion of gambling, and any harassing or harmful materials or uses as determined by us. You agree to indemnify and hold us harmless from any claim resulting from your publications or use of illegal, abusive, or unethical materials.
CPU USAGE
CUSTOMER agrees that it shall not use excessive amounts of CPU processing on any of BeOnTheNet Inc.'s servers. Any violation of this policy may result in CUSTOMER'S immediate termination at the sole discretion of BeOnTheNet Inc. without prior notice. In the event that BeOnTheNet Inc. elects to terminate CUSTOMER on this basis, CUSTOMER shall be entitled to a refund as set forth herein.
BULK E-MAIL AND SPAMMING
It shall not be permissible for CUSTOMER to engage in any bulk E-mailing or use of mail servers or mail relays (commonly referred to as "SPAMMING"). In the event that CUSTOMER engages in such activity, BeOnTheNet Inc. may elect to immediately terminate CUSTOMER at its sole discretion without prior notice to CUSTOMER. In the event that BeOnTheNet Inc. terminates CUSTOMER pursuant to this provision, CUSTOMER shall not be entitled to a refund. Forwarding 100 unsolicited pieces of mail within a 24 hour period shall be considered "spamming". CUSTOMER shall be liable to BeOnTheNet Inc. for any and all damages caused as a result of CUSTOMER'S failure to comply with this provision.
TERMINATION
Either party may terminate this Agreement without cause upon 30 days written notice to the other party. E-Mail shall be deemed adequate notice by either party. Nothing in this paragraph however shall limit BeOnTheNet Inc.'S right to terminate CUSTOMER immediately and without prior notice for improper use and violations as set forth herein.
In the event that BeOnTheNet Inc. elects to terminate CUSTOMER as a result of its improper acts and breach of the terms and conditions contained herein, CUSTOMER shall not be entitled to a refund of the balance. IN NO EVENT SHALL CUSTOMER BE ENTITLED TO A REFUND OF THE SET UP FEE.
In the event CUSTOMER elects to terminate this Agreement, same shall be considered a breach and CUSTOMER shall not be entitled to any refund.
In the event that BeOnTheNet Inc. elects to terminate CUSTOMER without cause, CUSTOMER shall receive a full refund of any balance. However, if CUSTOMER terminates this Agreement without cause, and in accordance with the notice provision set forth herein, there shall be NO REFUND of the Set Up Fee or any remaining balance.

LIABILITY
CUSTOMER agrees that BeOnTheNet Inc. shall have no liability for the services, data or information provided to the public on the Internet including but not limited to any liability for consequential, indirect, special or incidental damages, regardless of the success or effectiveness of other remedies.
CUSTOMER further agrees that BeOnTheNet Inc. shall not be liable for any damages or losses sustained by CUSTOMER for business or other activities conducted on the Internet including but not limited to consequential, indirect, special or incidental damages.
CUSTOMER agrees that it shall not hold BeOnTheNet Inc. liable for any loss of business, lost opportunity, consequential, indirect, special or incidental damages as a result of any interruption in service.
IN NO EVENT SHALL BeOnTheNet Inc.'S LIABILITY EXCEED THE TOTAL VALUE PAID TO BeOnTheNet Inc. BY CUSTOMER.

REPRESENTATION AND/OR WARRANTIES
BeOnTheNet Inc. makes no representations and cannot guarantee that CUSTOMER'S domain name does not infringe upon any trademarks, trade names, service marks or other proprietary rights owned by a third party. CUSTOMER shall not hold BeOnTheNet Inc. liable for any damages, injuries or losses incurred by CUSTOMER as a result of any action instituted by a third party.

SECURITY
CUSTOMER understands that the Internet and other various networking communications are not secure, unless explicitly specified as such. BeOnTheNet Inc. MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. IN NO EVENT SHALL BeOnTheNet Inc. BE LIABLE FOR ANY DAMAGES OR LOSSES, EITHER CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL INCURRED BY CUSTOMER. IN NO EVENT SHALL BeOnTheNet Inc.'s LIABILITY EXCEED THE TOTAL COST OF THIS CONTRACT BETWEEN BeOnTheNet Inc. AND CUSTOMER.
APPLICABLE LAWS
CUSTOMER will ensure that its use of the Internet and any service provided by BeOnTheNet Inc. to it complies with all applicable federal, state and local laws and regulations,including but not limited to all laws pertaining to copyright, trademark, proprietary information, intellectual property rights, defamation, tortious interference with business, invasion of privacy, and pornography*. In the event that CUSTOMER violates this provision, BeOnTheNet Inc. shall have the right to consider same a breach of this Agreement by CUSTOMER which shall entitle BeOnTheNet Inc. to terminate immediately without prior notice.
* It shall be within the sole discretion of BeOnTheNet Inc. to deem material as pornographic or inappropriate.

DOMAIN NAME OWNERSHIP
CUSTOMER shall be responsible for all costs and fees associated with its domain name including, but not limited to all costs and fees for moving same. CUSTOMER shall make payment directly to the issuer. Under no circumstances shall BeOnTheNet Inc. be responsible for this cost.

LEGAL ACTION
CUSTOMER agrees to indemnify and hold BeOnTheNet Inc. harmless in any legal action which arises as a result of CUSTOMER'S use of BeOnTheNet Inc. services, without limitation or exception including, but not limited to any action brought against CUSTOMER by a third party.

JURISDICTION AND GOVERNING LAW
This Agreement shall be governed by the laws of the State of New York and jurisdiction shall lie within the State of New York.
CUSTOMER HEREBY CONSENTS TO SUBMIT TO THE JURISDICTION OF THE STATE OF NEW YORK.
HEADINGS
Headings in this Agreement are for convenience only and shall not be used to interpret or construe these provisions.

MODIFICATION
The terms and conditions of this Agreement may be modified at the discretion of BeOnTheNet Inc. with 30 days notice to CUSTOMER.

INTEGRITY OF INFORMATION
CUSTOMER is solely responsible for validating the integrity of the information and data it receives or transmits over the Internet.
Waiver
While all due care will be exercised, neither BeOnTheNet Inc., nor any of its principles or employees will be held responsible or liable for the content of any web pages designed and produced by them. It is the responsibility of our client, the web site owner, to ensure that any and all content does not contravene any law or statute.
Payment
   A written quotation will always be given prior to any web site creation, marketing, publicity and/or programming work commencing. A written acceptance of that quotation, by fax or e-mail, will be required.
A deposit of 50% of the agreed price is required for all new accounts. Payment of the balance is due upon completion of the work, this being the posting of the completed site to the user's URL address.
Site access codes will only be passed to customers upon the receipt of final payment. Should payment of any outstanding balances exceed 30 days, we reserve the right to delete pages for which payment has not been made, and charge 1.5% Interest per month on the unpaid balance. In such an event payment for the work carried out will still be due. In such an event we will keep the pages on file for a reasonable period of time, to be decided by us. When payment is subsequently made the site can be re-instated upon payment of a re-instatement fee of $150.
Cancellation
   Once work has commenced, cancellations by the client will be charged for at a rate of at least 50% of the agreed fee. The actual amount payable will be proportional to the amount of work completed. All such cancellations must be in writing, or by e-mail to our offices. Cancellation fees are payable upon presentation.
Payment
   Payment can be by check , credit card or bank draft in $US. Your invoice will detail where and how to pay.

Terms of Business
These terms of business shall be binding unless altered in writing by a duly authorized officer of BeOnTheNet Inc. By electronically signing below you are stating that you have read, understood and accepted these terms and conditions. Such acceptance is necessary before we can begin work on your behalf.
ENTIRE AGREEMENT
   This Agreement supersedes all Agreements previously made between the parties pertaining to the subject matter of this Agreement. There are no other understandings or Agreements. Failure to properly notify BeOnTheNet Inc. via e-mail, telephone or regular mail of your disagreement with the above terms and conditions will constitute CUSTOMER'S acceptance of same.
RENEWAL
   If not canceled by CUSTOMER, this Agreement will automatically self-renew after a twelve (12) month period for an additional twelve(12) month period.
CUSTOMER'S failure to properly notify BeOnTheNet Inc. of its objections to any of the terms and conditions set forth herein shall constitute CUSTOMER'S acceptance of same.
This Agreement shall automatically renew itself for an additional twelve month period unless otherwise canceled or terminated by either party in accordance with the notice provision set forth herein.
In the event this Agreement is automatically renewed, CUSTOMER agrees to be bound by the Terms and Conditions currently in effect.
BeOnTheNet Inc. current Terms and Conditions may be viewed at htp://www.beonthenet.com/terms.html

BeOnTheNet Inc. Agreement Form

Name:

E-Mail:

Company Name:

Address:

City, State, Zip:

Phone:

Fax:

Terms and

Conditions:

Comments

&

Questions:

We will be contacting you via E-mail. Please make sure you have entered the

correct E-mail address in the above form before submitting this agreement.

We will be contacting you via E-mail. Please make sure you have entered the correct E-mail address in the above form before submitting this agreement.
Name:
E-Mail:
Company Name:
Address:

City, State, Zip:
Phone:
Fax:

Terms and Conditions:
Comments & Questions: