Using open source solutions we provide specialized servers that meet custom
needs. This type of service may also be advertised as "Virtual Private Servers"
by some providers to indicate a separation of services, not necessarily a single
user dedicated hardware solution.
Features
- Open Source Web Platform solution to serve specialized needs.
- Connectivity, updates to operating system and maintenance of the hardware
are part of the subscription.
- Published monthly an archive of data and source will be delivered to
customer by mutually agreed arrangements. For example customer can
receive archives on CDROM by postal mail or other means like remote data
transfer. Frequency and method of publishing is amendable with agreement of
Customer and Company.
Software Fees
Negotiable and in many cases not applicable. Most solutions are open
source or from existing projects and with the exception of labor fees to
implement, in many cases no fees are associated for software licenses.
Labor Fees
Modifications and enhancements to the software will be made as requested by the
customer's point of contact, with work to be billed at $88/hr not to exceed
agreed upon limits.
Subscription, recurring, Fees
Recurring fees associated with normal maintenance, operation and connectivity
of the service.
- $150 per month, $690 for three months, $900 for six months, or $1,500 for
one year (that is $300 savings over monthly). The semiannual payments
are at a rate that would be 10% more than annual,
quarterly at 15% more than annual, and monthly at 20% more than annual. The
customer shall be responsible for returning payments in timely manner. The
company shall not be responsible to remind customer to make payment.
- Up to 150 gigabytes of monthly data transfer and
not to exceed 256kb continuously. ( if a nominal web page
is about 50 Kbytes that would be about 1,000,000 nominal web pages a day).
Most needs only utilize a small fraction of this and therefore a hard
bandwidth limit is not imposed unless necessary for example if server is
overwhelmed in a denial of service attack. If you need more resources, we
can negotiate additional fees of approximately $1.50 per month per 1K of
additional bandwidth requested.
Terms and Conditions
Herein the "Company" refers to Cocoa Village Publishing, Inc. and
the "Customer" refers to the client of the service.
1. Term of Agreement.
This Agreement shall remain in full force during the length of the term
determined by your choice of subscription payment(s) as selected, recorded, and
paid for. Should you choose to renew or otherwise lengthen the term, then the
term of this Agreement shall be extended accordingly, subject to the then
current fees.
2 Fees.
As consideration for the Services, the customer agrees to pay the company the
applicable fees for subscription, recurring, services are in advance and fees
for labor are invoiced after each per incident or accumulated and invoiced
monthly.
3. Acceptable Use.
An acceptable use policy is part of these terms and conditions of hosting
any information associated with the domain name. This is necessary because the
proliferation of abusive electronic mail and practices generated by a minority
of the Internet users can interrupt services. The exhibit with the description
of the acceptable use policy is posted on the company's website and the exhibit
is part of these terms and conditions.
4. Copyright and Trademarks.
The client unconditionally guarantees that any elements of text, graphics,
photos, designs, trademarks, or other artwork furnished to the company by
customer for inclusion in the web design project are owned by the client, or
that the client has permission from the rightful owner to use each of these
elements, and will hold harmless, protect and defend the company and its
subcontractors from any claim or suit arising from the use of such elements
furnished by the client. Content specifically
requested by the customer and designed under work for hire shall be the
intellectual property of the customer as company is reimbursed under this
agreement and any additional charges incurred have been paid. Rights to clipart,
photos, graphics, source code, work-up files and computer programs that are not
provided by customer, specifically requested and designed under work for hire
are not transferred to the client, and remain the property of their respective
owners. The is especially true for content that has prior copyright and license
like open source software. Customer may desire to 'Open Source' content
and improvements funded by Customer, however such activity is separate from this
statement and may be explored by customer and company.
5. Compliance with Laws.
Customer agrees to abide by, and comply with, all Federal, State and local laws.
the Company is not responsible for the content of the Customer’s information,
and reserves the right to terminate this contract if the Customer’s actions or
information content may violate Federal, State or local laws. The customer
agrees that the customer is solely responsible for complying with such laws,
taxes and tariffs, and will hold harmless, protect, and defend Cocoa Village
Publishing and its subcontractors from any claim, suit, penalty, tax or tariff
arising from the client's exercise of any Internet electronic commerce.
6. Legal Notice.
Cocoa Village Publishing does not warrant that the functions contained in the
specialized server will be uninterrupted or error-free. The entire risk as to
the quality and performance of the specialized server is with the
customer. In no event will the company be liable to the customer or any
third party for any damages, including, but not limited to service interruptions
caused by Acts of God or any other circumstances beyond our control, any lost
profits, lost savings or other incidental, consequential or special damages
arising out of the operation of or inability to operate this web design project,
failure of any service provider, of any telecommunications carrier, of the
Internet backbone, of any Internet servers, your or site visitor's computer or
Internet software, even if Cocoa Village Publishing has been advised of the
possibility of such damages.
7. This Agreement.
This agreement constitutes the sole agreement between the company and the
customer regarding this service. Any additional work not specified in this
contract must be authorized by a written request. All prices specified in this
contract will be honored for three months and or for duration of term of payment
after both parties sign this contract. Continued services after that time may
require a new agreement. This agreement supersedes any prior written or oral
agreements between the parties.
8. Amendment.
This agreement may be modified or amended if the amendment is made in writing
and is signed by both parties.
9. Severability.
If any provision of this agreement shall be held to be invalid or unenforceable
for any reason, the remaining provisions shall continue to be valid and
enforceable. If a court finds that any provision of this agreement is invalid or
unenforceable, but that by limiting such provision it would become valid and
enforceable, then such provision shall be deemed written, construed, and
enforced as so limited.
10. Waiver of Contractual Right.
The failure of either party to enforce any provision of this agreement shall not
be construed as a waiver of limitation of that party's right to subsequently
enforce and compel strict compliance with every provision of this agreement.
11. Governing Law.
This agreement shall be governed by and interpreted and enforced in accordance
with the laws of the Sate if Florida and the Federal Laws of the United States
of America applicable therein without reference to rules governing choice of
laws. Any action relating to this agreement must be brought in Brevard County
Florida and you irrevocably consent to the jurisdiction of such courts.
12. Notices.
Any notice, direction or other communication given under this
Agreement shall be in writing and given by sending it via e-mail or via regular
mail. In the case of e-mail, valid notice shall only have been deemed to have
been given when an electronic confirmation of delivery has been obtained by the
sender, in the case of notice to us to cvpub@cocoavillagepublishing.com or
authorized representative. Mail shall be sent to Cocoa Village Publishing, P.O. Box 218
, Cocoa, Florida 32923 and to you at the mailing address provided
in this agreement or as updated in writing. Any e-mail communication shall be
deemed to have been validly and effectively given on the date of such
communication, if such date is a business day and such delivery was made prior
to 4:00 p.m. Eastern Standard Time and otherwise on the next business day. Any
communication sent via regular mail shall be deemed to have been validly and
effectively given 5 business days after the date of mailing using certified mail
or equivalent.
13. Additional Exhibits and Policies.
Company:
Cocoa Village Publishing
P.O. Box 218
Cocoa FL 32922
Authorized Representative and date:
__________________________________
Customer:
Authorized Representative and date:
__________________________________
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