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Onyx Graphics Web Hosting Terms & Contract
Onyx Graphics

Web Hosting Terms
    AGREEMENT:, THIS AGREEMENT is made and entered into between Onyx Graphics, (hereinafter referred to as Onyx with its Mailing address at P.O. Box 555, Belleville, New Jersey, 07109), and you, the Customer ("Customer", "You" or "The Client"), who wishes to use the services of ONYX GRAPHICS in accordance with ONYX GRAPHICS's Web Hosting Options in accordance with this Agreement, to include Onyx's application/order form, and its various policies, which are located on the World Wide Web at http://www.onyxgraphics.com its various subdirectories and domains. You and Onyx are collectively referred to in this Agreement as the "parties."

    WHEREAS: Onyx has been commissioned and hired by The Client to provide Web hosting for the Client's existing or soon to be existing Website site at on the Onyx Graphics Web Servers. (Go here to check for your Domain Name.)

    Onyx Graphics

    1. Related Web Hosting issues and standard terms
    • A: SERVICE DESCRIPTION:
      As a World Wide Web service provider, Onyx provides dedicated server computers which are integrated into the Internet. These server computers shall send and receive information in relationship to the World Wide Web. The Client wishes to connect to the World Wide Web utilizing the hardware and software resources of Onyx to establish an Internet web presence on one of Onyx's server computers.

    • B: CONDITIONS:
      The application and this Agreement constitute a binding contract between Onyx and the Client and does not extend to any other person or entity. Client may resell to third parties but is responsible for third party activities and content, and is bound by the terms under this Agreement. Cancellations after the application is received and web space is set-up will still hold the Client responsible for costs incurred by Onyx concerning the set-up of the web space.

    • C: WARRANTIES:
      With respect to the service to be provided herein, the Client acknowledges that Onyx makes absolutely no warranties whatsoever, express or implied. As a result, the Client agrees that Onyx shall not be liable to the Client for any claims or damages which may be suffered by the Client, including, but not limited to, losses or damages resulting from the loss of data as the result of delays, non-deliveries, or service interruptions.

    • D: INFORMATION:
      The utilization of any data or information received by the Client from the utilization of the service to be provided by Onyx is at the Client's sole and absolute risk. Onyx specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the services to be provided hereby.

    • E: DOMAIN NAME:
      If Onyx shall acquire an Internet Domain Name on behalf of the Client, then in such case the Client hereby waives any and all claims which it may have against Onyx, for any loss, damage, claim or expense arising out of or in relation to the registration of such Domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of the providing of this service by Onyx for any reason. The Client can obtain a domain name at http://OnyxWebNames.Com.

    • F: PAYMENT:
      The set-up fee and first payment are due at the time the application is filled out, and returned to Onyx. Subsequent payments are due according to the selected fee schedule following the establishment of the web space on the Internet. Web space will be billed at a minimum of three (3) months in advance depending on the selected fee schedule. Subsequent payments are due on the 1st day of each month as per the selected fee schedule. In the event that the Client fails to pay for such services in advance, Onyx shall be entitled to;
      • Unilaterally terminate this Agreement and discontinue the service until payment is made.
      • Late fees, if the Client website is not terminated
      • Additional setup fees, if the Client website is terminated and then brought back on line
      • Additional fees and charges may apply for suspended or terminated account

    • G: UNILATERAL SERVICE REVOCATION:
      In the event that Onyx may at any time believe that the service is being utilized for unlawful purposes by the Client or in contravention with the terms and provisions herewith, to but not limited to unsolicited email, hacking, and pornography. Onyx may immediately discontinue such service to the Client without liability.

    • H: INDEMNIFICATION:
      The Client shall indemnify and hold harmless Onyx from any and all loss, cost, expense, and damages on account of any and all manner of claims, demands, actions, and proceedings that may be initiated against Onyx on the grounds that the web space content violates any copyright, proprietary right of any person, state and federal regulations, or contains any matter that is libelous or scandalous.

    • I: CHANGES IN TERMS OF AGREEMENT:
      Onyx reserves the right to make changes to the terms and conditions of this Agreement upon thirty (30) days notice to the Client, advising of the change and the effective date thereof, but with changes in service fees being effective only at the end of any period for which the Client has prepaid. Utilization of the service by the Client following the effective date of such change shall constitute acceptance by the Client of such change(s).

    • J: ENTIRE AGREEMENT AND UNDERSTANDING:
      This instrument and the application for web space constitute the entire agreement between the parties, and represent the complete and entire understanding of the parties with respect to the subject matter of this Agreement.

    • K: ISP CHARGES:
      The Client understands and realizes that this contract does not provide ISP (Internet Service Provider) services. That the Client must obtain their own Internet connection. That the charges for a ISP is not included in the prices listed here.

    • L: SPAMING, MISUSE & ABUSES:
      Onyx Graphics Does Not Host Adult Oriented Sites and Does Not Allow Sending of Unsolicited Email or SPAMMING. Onyx Shall monitor, log and track all emails, for checking against spamming, or misuse of our servers. the Client shall not use any of Onyx's Servers or systems to send any illegal information or files over the Internet ( such as, but limited to; worms, virus, spams, illegal images, or files that could be used as a attack or harm against any other system). Onyx Graphics reserves the right to cancel your service with NO refunds should any of the above occur. Go here for complete information on our; SPAM, PRIVICY, and COPYRIGHTS policies.

    • M: UNDERSTANDING OF CONTRACT AND TERMS:
      The Client understands and agrees with these terms that are listed. The Client, by hiring Onyx and going into this agreement, acknowledges that he/she has read this contract and will be bound to the terms of it. The Client acknowledges that Onyx has the right to make this contract, and to terminate it if the terms here as above are broken by the Client. Onyx will not give refunds or exchanges for any terminated or canceled contracts. If the contract is terminated for any reason, the Client shall be billed for work not yet paid for, that was done by Onyx.

    • N: GOVERNING LAW:
      This agreement shall be binding upon the heirs and assigns of the parties and shall be governed by and interpreted according to the laws of the State of New Jersey. Any legal action brought with regard to this contract shall be brought only in Essex County, in the State or Federal Court of appropriate jurisdiction within the State of New Jersey.

    • O: HEADINGS:
      Headings used in the agreement are for convenience only and shall not be used to interpret or construe its provisions.

    • P: NOTICES:
      All notices or other documents under this agreement shall be in writing and delivered personally or fax received, or mailed by certified mail, postage prepaid, addressed to Onyx and the Client at their last known addresses. Any extras that are added on by the Client, will be billed by either an hourly or page rate. All additions must be approved before, by the Client and submitted to Onyx in writing and delivered personally or fax received, or mailed by certified mail, postage prepaid, addressed to Onyx.

    • Q: IN WITNESS WHEREOF:
      The parties hereto, intending to be legally bound hereby, and in consideration of the covenants and agreements contained herein, do hereby execute this instrument, with each party warranting their ability to enter into this agreement for the person or entity herein named as a party hereto.

    Onyx Graphics

    1. Related Web Hosting issues and standard terms
    • a: Introduction to Paying:
      Introduction to Paying: Onyx like all other businesses that like to stay in business, needs to be paid from itís Client's promptly and in full. Otherwise Onyx will go out of business. Onyx does not practice giving away itís work or services for free. Even though The owners of Onyx understand that nobody likes to pay for anything, we must charge our Client's for our services. At Onyx Graphics we try to make it as easy and painless as possibly for our Client's to pay us. By providing reasonable fees, payment plans and payment incentives to our all of our Client's.

    • b: Payment and Billing Terms:
      All orders and maintenance contracts must be accompanied by at least 50% of the overall order when submitted. All extra maintenance and additions that are billed at an hourly rate shall be billed to the Client at the end of each month. All invoices must be paid within thirty days(30) of invoice date. All maintenance fees must be paid at least thirty days(30) before termination of the maintenance contract. All delinquent accounts will be assessed a $25 charge if payment is not received within 30 days of the invoice date. If an account remains delinquent 31 days after its invoice date, an additional 5% penalty will be added for each month of the delinquency. Onyx reserves the right to remove or make unattainable any web server webpage or Website or portion of the work, of a delinquent account until full payment is received. (A setup and installation fee of $100.00 would apply for returning the Client's Website) Final payment of the balance shall be made within 30 days of submission of the final invoice date (If no other conditions apply, such as payment plans or long term contracts) as herein above set forth and Onyx shall be entitled to reasonable legal fees in the event the services of an attorney or collection agency are necessary for collection. Checks, Money Orders, and Wire Transfers must be made out to Onyx Graphics. Bank account and routing information available upon request. The Client will pay all appropriate taxes that would apply State and Federal included. All maintenance plans of six(6) months or less must be paid within thirty (30) days of hiring Onyx. All maintenance plans of seven (7) months or more can have a payment plan worked out for either a quarterly or half year payment schedule.

    For more information about our web Hosting Terms and Contracts either Email us at: Sales@OnyxGraphics.Com.
    or visit our Web Hosting Page.

    Onyx Graphics
    We hope you'll decide to use Onyx Graphics as your WebSite Developer, Web Host, Web Consultants or for your Web Maintenance. We'll help you in planning, we'll save you money as you set up your organization or business on the Web, and we'll work with you over the next few months to keep you updated and, hopefully, prosperous. We look forward to working with you. Let us help you to create an award winning web site. If you have any questions or would like to know more about us, please go to our Contact Page or send an email to: sales@onyxgraphics.com.
    Onyx Graphics
Onyx Graphics
P.O. Box 555
Belleville
New Jersey 07109
973-484-5628
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