Terms of Service
CUSTOMER TO LEASE WEBSITE FROM CityUSA
1. Subject to the terms and conditions herein contained, CITYUSA hereby grants to the Customer a non-exclusive, non-transferable, revocable license (the “License”) to use the website, without right to sub licensor encumber the website.
2. The term (the “Term”) of the License shall depend on which plan client signs up for. If client signed up for a monthly payment plan then their term would be on a “month to month” basis. If client signed up for a 3 month payment plan then their term would be on a “three months to three months” basis. If client signed of for a 6 month payment plan then their term would be on a “six months to six months” basis. All terms commence from the date the customer has placed the order for the website.
3. Customer agrees to pay any applicable set up fees and or premium fees. Customer also agrees that lease payments, set up fees and premium fees are non refundable.
4. Customer and CITYUSA agree that this is a “term to term” lease that is self renewing on an “Ongoing Basis”. This lease will automatically renew each term until such time that the Customer cancels the lease.
5. The Customer shall pay all amounts owing hereunder by pre-authorized credit card payment or by Paypal subscription.
6. In addition to all amounts payable hereunder, the Customer shall be responsible for and pay all taxes and duties, including sales, excise and goods and services tax, payable in relation to or arising from the license,use, possession or operation of the website.
7. The Customer shall not be entitled to deduct or set-off any amounts from or against any amounts owing to CITYUSA hereunder.
8. The Customer acknowledges that CITYUSA is the exclusive owner of the website files and all intellectual property rights associated therewith and that except as provided in this Agreement, the Customer does not and will not acquire any right, title or interest in the website and the Customer will not dispute or contest for any reason whatsoever, directly or indirectly, before and after expiration or termination of this Agreement, the validity of CITYUSA’s ownership of the website.
9. CITYUSA does not represent or warrant that the website will meet the Customer’s needs and requirements or be free of error or operate without interruption. The Customer acknowledges that the website operates in an environment that includes software and hardware of third party vendors and that CITYUSA does not control the products of such third party vendors. CITYUSA makes no warranties of any kind, whether express or implied,including any implied warranties of merchantability or fitness for a particular use.
10. CITYUSA takes no responsibility for any damages suffered by the Customer, including, but not limited to,loss of data, non-deliveries, missed deliveries or service interruptions. In no event shall CITYUSA be liable for any special, incidental or consequential damages, including damages for loss of business profits, business interruption, loss of business information or other pecuniary loss, lost data, loss of computer time, failure to realize expected savings and any other commercial or economic loss of any kind arising in consequence of CITYUSA’s performance, failure to perform or other breach under this Agreement.
11. CITYUSA reserves the right, with or without cause to terminate the lease without notice. In such a case CITYUSA agrees to pay a pro-rated fee reimbursement based on fees paid in advance and unused up to date such atermination occurs or to allow the lease to remain through the period paid at it’s sole discretion.
12. Should the Customer decide to cancel their website lease, Customer agrees to submit CITYUSA intention to cancel in writing to email@example.com. Customer agrees that cancellation will take place immediately upon receipt of such notification but will not constitute any refund for unused lease payments. If client cancels and still has time left on lease term, client is NOT entitled to any refund or prorated refund.
13. WEBSITE TO RESIDE ON CITYUSA SERVER ONLY AND MAY NOT BE TRANSFERRED.
14. The Customer acknowledges that, during the Term, the website shall reside on CITYUSA’s server. During the License, CITYUSA shall make the website accessible to Internet users.
15. CITYUSA does not represent or warrant to the Customer that the website will be accessible continually and on an uninterrupted basis from the Internet. In no event shall CITYUSA be liable to the Customer for any damages resulting from or relating to any failure or delay of CITYUSA to provide access to the website from the Internet.
16. CITYUSA is not liable for protection or privacy of any electronic information transferred through theInternet and the website.
17. Customer is solely responsible for the content of his or her website. The Customer shall not submit to CITYUSA for publication on the website any of the following material:
17a.any material which violates or infringes any copyright, trade mark, trade secret, patent, statutory,common-law or other proprietary or intellectual rights of others;
17b. Any material that is libelous or slanderous;
17c.any material that is or contains anything obscene or pornographic or “adult content”; or
17d. distribution list to be used via unsolicited electronic mail or other mass electronic mails.
18. Due to the public nature of the Internet, all materials submitted by Customer for publication will be considered publicly assessable. CITYUSA.BIZ does not screen in advance Customer’s material submitted for publication. CITYUSA’s publication of materials submitted by Customer does not create any express or implied approval by CITYUSA of such, nor does it indicate that such material complies with the terms of this Agreement.
19. All graphics, headers, banners, images and text created by CityUSA.biz for clients websites remain the sole property of CityUSA.biz and may not be used on any other website without the express permission from CityUSA.
20. Customer will indemnify and hold harmless CITYUSA.BIZ from and against all claims, damages, costs (including solicitor and own client full indemnity basis), suits or proceedings from any source or for any reason relating,directly or indirectly, to the Customer’s website.
21. The Customer shall comply with all applicable laws, ordinances, regulations and legislation in any way relating to the use and possession of the website.
22. It is the Customer’s sole responsibility to become familiar with and to comply with all laws that might relate to the Customer’s website.
23. Except as herein otherwise provided, all terms, conditions, covenants, agreements and indemnities shall survive the termination of this Agreement.
24. ARBITRATION: THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.
a. Any controversy, dispute or claim between CITYUSA.BIZ and any other party arising out of/or involving any CITYUSA.BIZ business relationship shall be resolved by binding arbitration. The arbitration shall be conducted in accordance with the Procedures of the American Arbitration Association. This arbitration agreement does not cause waiver or modification of either party’s right to legal proceedings in a court residing in the same judicial jurisdiction as stated herein, to enforce any unpaid monetary debts by either party, as awarded by the arbitrator following Binding Arbitration. The parties agree to such venue as the forum of choice of the parties.
b. The arbitrator shall apply Tennessee substantive and procedural law to the proceeding. The demand for arbitration must be in writing and must be made by the aggrieved party within ninety (90) days of the event giving rise to the demand. The arbitration shall take place in the state of Tennessee.
c. The arbitrator’s power to award a remedy shall be limited to monetary damages. Should either party wish to seek injunctive relief or other non-monetary relief, such claims shall be brought exclusively in a court of competent jurisdiction, located in the State of Tennessee.
d. The arbitrator shall determine if there is any prevailing party, and the prevailing party shall be awarded only such fees and expenses as are permitted under the law of the State of Tennessee. The fees for the arbitrator shall be paid equally by both parties. The parties understand and acknowledge that by agreeing to arbitration they are giving up any right they may have to a judge or jury trial with regard to all issues subject to arbitration.
25. Customer shall not at any time purchase, hire or engage any “Traffic Producing” companies, any service that sends automated traffic to customers website and our server is not allowed. This is grounds for immediate termination of customers account.