Web Comet LLC

1. Acceptance

By using Web Comet LLC’s website and/or services ("Services"), Client agrees to be bound by all the terms and conditions of this Agreement.

2. Provision of Services

Web Comet LLC agrees to provide Client with website services, consisting of website server space, e-mail capability, internet access, domain name registration, and such additional services, as may be provided by Web Comet LLC from time to time. Web Comet LLC reserves the right to change or modify the features of Client's service plan from time to time on 15 days written or e-mailed notice to Client. Client's continued use of Web Comet LLC’s services after receipt of such a notice of modification shall constitute Client's acceptance of and agreement to be bound by the Web Comet LLC’s modification of the terms and conditions of this Agreement.

3. Agreement Term

This Agreement is valid as long as Client has any service with Web Comet LLC, paid or unpaid.

4. Termination without Cause

(a) Client may terminate this Agreement at any time, for any reason, by contacting Web Comet LLC, by logging into the system and requesting that Client's account and/or services be canceled. In the event of a cancellation, Web Comet LLC will not refund amounts already billed for the current monthly or yearly service period in which Client terminates the Agreement. Any amounts paid in advance by Client for future service terms will also not be refunded.

(b) Web Comet LLC may terminate this Agreement at any time, for any reason, by providing written or e-mail notice of termination to Client's primary website e-mail contact address no less than 0 days prior to the service termination.

(c) If either Party terminates this Agreement, Web Comet LLC may delete all data pertaining to the client, including but not limited to:
- Web Site files
- Databases
- Emails
- Other Client data

5. Termination for Cause

Client agrees to abide by the terms of this Agreement and by Web Comet LLC’s general use policies as set forth in this Agreement, as those policies may exist from time to time. Web Comet LLC may change its use policies at any time. Any violation by Client of the terms of this Agreement or of Web Comet LLC’s general use policies shall be grounds for immediate termination of Client's account for cause. If Web Comet LLC terminates Client's account for a violation of this Agreement, Web Comet LLC shall not be required to refund any amounts billed for the billing period in which Web Comet LLC terminates Client's services.

6. Payment Terms

(a) Client agrees to pay Web Comet LLC the amount agreed upon during the purchase of services on the website, monthly or yearly, for the Web Comet LLC’s services. Web Comet LLC reserves the right to change or modify its charges for Client's plan from time to time on 15 days notice written or e-mailed to Client. Client's continued use of Web Comet LLC’s services after receipt of such a notice shall constitute Client's acceptance of and Agreement to be bound by the Web Comet LLC’s modified charges for its services.

(b) Service charges are payable in advance on a monthly or yearly basis. Web Comet LLC will invoice Client at the beginning of each payment period. Web Comet LLC will submit all invoices to Client by e-mail. Payment is due immediately upon receipt of invoice. Payments can be made online or by check. Interest in the amount of 5 percent per month will be added to any outstanding invoices remaining unpaid for more than 30 days.

(c) Client agrees to be billed for all recurring and one-time charges, including late charges, for any Services ordered by Client and any fees owed to Web Comet LLC.

(d) Any charges for upgrading Client's current Web Comet LLCing package, or performing add-on requests, will not be billed until the next invoice.  One-time charges will be billed immediately.

7. Taxes

Web Comet LLC shall not be liable for any taxes and other governmental fees related to purchases made by Client or from Web Comet LLC’s servers. Client agrees that s/he will be fully responsible for all taxes and fees of any nature associated with products or services sold through the use of or with the aid of services provided to Client by Web Comet LLC.  Taxes are calculated upon checkout.

8. Materials and Products

Any material and data Client provides to Web Comet LLC in connection with Services shall be in a form requiring no additional manipulation on the part of Web Comet LLC. Web Comet LLC shall make no effort to validate this material or data for content, correctness, or usability. Material or data that is not in this condition shall be a breach of this Agreement. Web Comet LLC, in its sole discretion, may reject material or data that Client has placed on Web Comet LLC’s servers or that Client has requested that Web Comet LLC put on Web Comet LLC’s servers. Web Comet LLC agrees to notify Client as soon as possible of its refusal of any material or data and provide Client with an opportunity to amend or modify the material or data to meet the Web Comet LLC’s requirements. Client's failure to amend or modify the data or material as directed by Web Comet LLC within a reasonable time shall be a breach of this Agreement.

9. Electronic Mail Abuse

Harassment by e-mail, whether through language, frequency, or size of messages, is prohibited. Client may not send e-mail to any person who does not wish to receive it. If a recipient asks to stop receiving e-mail, Client must not send that person any further e-mail. Clients are explicitly prohibited from sending unsolicited bulk e-mail messages ("junk mail" or "spam"). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it. Clients may not forward or otherwise propagate chain letters, whether or not the recipient wishes to receive such mailings. Malicious e-mail, including but not limited to "mail bombing" (flooding a user or site with very large or numerous pieces of e-mail) and "trolling" (posting outrageous messages to generate numerous responses) is prohibited. Forging of header or any other information is not permitted. Subscribing someone else to an e-mail list or removing someone else from a mail list without that person's permission is prohibited. Web Comet LLC’s accounts or services may not be used to collect replies to messages sent from another Internet Service Provider if those messages violate this Agreement or any usage policy of that other provider. Violations of this Agreement will result in immediate account termination and provider reserves the right to charge an administrative clean-up fee of up to $500.

10. Violations of Network Security

Client is prohibited from violating or attempting to violate the security of the network. Violations of system or network security may result in civil or criminal liability in addition to immediate termination of Client's agreement. Web Comet LLC will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Clients who are involved in such violations. These violations include, without limitation:

(a) Accessing data not intended for the Client or logging into a server or account that the Client is not authorized to access.

(b) Attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures without proper authorization.

(c) Attempting to interfere with service to any Client, Web Comet LLC or network, including, without limitation, via means of overloading, "flooding," "mail bombing," or "crashing".

(d) Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

(e) Taking any action in order to obtain services to which the Client is not entitled.

11. Warranty against Unlawful Use

Client warrants and represents that Client shall use Services only for lawful purposes and in accordance with all valid federal, state, and local laws and regulations governing use of e-mail and the Internet, whether or not specifically prohibited elsewhere in this Agreement. Failure to abide by the terms of this paragraph shall be grounds for immediate termination of Client's account for cause.

12. Liability; No Warranty; Limitation of Damages

(a) Client expressly agrees that use of Services provided by Web Comet LLC is at Client's sole risk.

(b) Web Comet LLC guarantees 99.99 percent uptime for its Web servers. If uptime for Client's Web server falls below 99.99 percent during any given month, Web Comet LLC will credit Client based on actual minutes in the month vs actual minutes of downtime, for example, if client had an outage of 30 minutes during the month of January, then the actual uptime would be 99.92%.  Customers monthly bill is then calculated and multiplied by the actual uptime.  Any such credit shall be applied to future invoices. This credit shall be Client's sole and exclusive compensation for any downtime or other unavailability of Web Comet LLC’s services under this Agreement. Web Comet LLC shall have no liability of any kind for any damages or loss arising as a consequence of such downtime or unavailability  Client must request the uptime credit in a ticket.  Web Comet LLC reserves the right to perform maintenance on all servers at any time.  Maintenance schedules can be found on our website.

(c) Web Comet LLC, its agents, affiliates, licensors or the like, do not represent or warrant, expressly or impliedly, that their services will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of their services or as to the accuracy, reliability, or content of any information service or merchandise contained in or provided through their services, unless otherwise expressly stated in this Agreement.

(d) Web Comet LLC, its officers, agents, or anyone else involved in providing services shall not be liable for any direct, indirect, incidental, special, or consequential damages that result from the use or inability to use services; or for any damages that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of god, communication failure, theft, destruction, or unauthorized access to Web Comet LLC’s records, programs, or services.

(e) Web Comet LLC will exercise no control over the content of the information passing through Web Comet LLC’s network except those controls expressly provided herein.

(f) Web Comet LLC makes no warranties or representations of any kind, express or implied, for the services it is providing. Web Comet LLC also disclaims any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by Client, including loss of data resulting from delays or non-deliveries.

13. Patents, Copyrights, Trademarks, and Other Intellectual and Proprietary Rights

(a) Except for rights expressly granted herein, this Agreement does not transfer any intellectual or other property or proprietary right to Client. Client agrees that all right, title, and interest in any product or service provided to Client belongs to Web Comet LLC. These products and services are only for Client's use in connection with Services provided to Client as outlined in this Agreement.

(b) Client expressly warrants to the Web Comet LLC that Client has the right to use any patented, copyrighted, or trademarked material which Client uses, posts, or otherwise transfers to Web Comet LLC servers.

14. Hardware, Equipment, and Software

Client is responsible for and must provide all phones, phone services, computers, software, hardware, and other services necessary to access Web Comet LLC servers. Web Comet LLC makes no representations, warranties, or assurances that Client's equipment will be compatible with Web Comet LLC Services.

15. Age

Client expressly represents and warrants that Client and any person to whom Client grants access to Client's Web Comet LLC account are at least 13 years of age.

16. Indemnification

Client agrees to defend, indemnify, and hold Web Comet LLC harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorneys' fees, asserted against Web Comet LLC, its agents, servants, officers, and employees, that may arise or result from any Service provided or performed or agreed to be performed or any product sold by Client, Client's agents, employees, or assigns. Client further agrees to defend, indemnify, and hold harmless Web Comet LLC against liabilities arising out of:

(a) Any liability to Web Comet LLC arising by virtue of any use of Web Comet LLC’s services by Client for any unlawful purpose, or in violation of any valid federal, state, or local law or regulation governing use of e-mail or the Internet;

(b) Any injury to person or property caused by any products sold or otherwise distributed in connection with Services provided to Client;

(c) Any material supplied by Client infringing or allegedly infringing on the property or proprietary rights of a third party;

(d) Copyright or trademark infringement by Client, or violation by Client of intellectual property rights of any other party; and

(e) Any defective product which Client sold or distributed by means of Services.

Client agrees that the liability limit of Web Comet LLC shall in no event be greater than the aggregate dollar amount which Client paid during the terms of this Agreement, including any reasonable attorneys' fees and court costs.

17. Attorneys' Fees

If any legal action is necessary to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. This provision shall be construed as applicable to the entire Agreement.

18. Notice

Client agrees to keep Web Comet LLC informed of all current contact information for Client's account. Changes in Client's account information may be reported to Web Comet LLC on Web Comet LLC’s website located at https://webcometsystems.com. Failure to maintain or keep current all contact information shall be a ground for Web Comet LLC to terminate Client's account for cause.

19. Governing Law

This Agreement has been entered into in the State of Texas, and its validity, construction, interpretation and legal effect shall be governed by the laws of that state applicable to contracts entered into and performed entirely within that state.

20. Severability

In case any one or more of the provisions of this Agreement be held for any reason to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability shall not affect any other provisions of this Agreement, and this Agreement shall be construed as if the invalid provision(s) had never been contained in this Agreement, provided that those provision(s) shall be curtailed, limited, or eliminated only to the extent necessary to remove the invalidity, illegality, or unenforceability.

21. Waiver

No waiver by Web Comet LLC of any breach by Client of any provision of this Agreement shall be deemed a waiver of any preceding or succeeding breach of this Agreement. No waiver shall be effective unless it is in writing, and then only to the extent expressly set forth in such writing.

22. Entire Agreement

This Agreement shall constitute the entire agreement between Client and Web Comet LLC, and no other agreement, statement, or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding.