Web Hosting Terms of Service

1. GENERAL. Cermak Technologies Inc will be the sole arbiter as to what constitutes a violation of any provision in this agreement. The failure to abide by any of these terms or conditions will result in grounds for account deactivation. If we deactivate your account for violating this or any other policy, you will forfeit your rights to a refund and may be required to reimburse Cermak Technologies Inc for any losses. Any sub-networks or resold accounts must adhere to these policies. As our client, you are responsible for the use of our services, including that of your employees, customers, and anyone else you permit access, even if indirectly.
2. CONTENT. All services provided by Cermak Technologies Inc may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statue. The subscriber agrees to indemnify and hold harmless Cermak Technologies Inc from any claims resulting from the use of the service which damages the subscriber or any other party. Examples of non-acceptable content or links include, but is not limited to: (a) Pirated software and Warez sites, (b) Hackers programs or archives, (3) Pornography of any kind, and (4) Illegal MP3s or other copyrighted material.
3. UNSOLICITED EMAIL. Spamming, or the sending of unsolicited email, from a Cermak Technologies Inc server or an email address that is maintained on a Cermak Technologies Inc site is strictly prohibited.
4. SERVER ABUSE. Any attempts to cause harm to a Cermak Technologies Inc server or customer is strictly prohibited. We do not permit any abuse of our networks.
5. CHARGES. As our client, you are responsible for all activities and charges resulting from your use of our services. You agree to pay all fees, bandwidth, charges, connect time charges, surcharges, and other charges incurred and set forth in the monthly billing statement. You acknowledge that no refunds will be given by Cermak Technologies Inc in the event that the account is terminated by Cermak Technologies Inc. In the event of a breach of security, you will remain liable for any unauthorized use of Cermak Technologies Inc's services. Cermak Technologies Inc reserves the right to change fees, surcharges, monthly membership fees, or to institute new fees at any time upon ten (10) days' prior notice to you, our client. You shall also be liable for all attorney and collection fees arising from Cermak Technologies Inc's efforts to collect any unpaid balance and may terminate your account immediately without further notice.
6. CLIENT INFORMATION. By using any of our hosting services, you certify to Cermak Technologies Inc that you are not a minor. You agree to provide Cermak Technologies Inc with accurate, complete, and updated information required by the registration of the hosting services, including your name, address, telephone number, and applicable payment data. You agree to inform Cermak Technologies Inc within thirty (30) days of any changes to such data.
7. SITE MANAGEMENT. You shall be solely responsible for all content available on or through your site(s), and will be at all times subject to the terms of this agreement and any other generally accepted guidelines of service. You warrant that any sites hosted with Cermak Technologies Inc will (a) conform to this agreement, (b) not infringe and will not contain any content that infringes on or violates any copyright, U.S. patent or any other third-party right, and (c) not contain any content which violates any applicable law, rule or regulation. Cermak Technologies Inc shall have no obligations with respect to the content available on or through any site hosted on any of our networks, including, but not limited to, any duty to review or monitor any such content. Cermak Technologies Inc reserves the right to block any site that violates any of the above-stated terms, or, at Cermak Technologies Inc's sole discretion, is objectionable or offensive, or otherwise inappropriate.
8. WARRANTIES. By using any of our hosting services, you are expressing that you understand that, except for information, products, or services clearly identified as being supplied by Cermak Technologies Inc, neither Cermak Technologies Inc nor any of its affiliates operates or controls any information, products, or services on the Internet in any way and that, except for such Cermak Technologies Inc identified information, services or products, all merchandise, information, and services offered or made available or accessible on the Internet generally are offered or made available or accessible by third parties who are not affiliated with Cermak Technologies Inc or its affiliates. All software and services made available in conjunction with the Cermak Technologies Inc services are provided on an "as is" basis. Except as expressly set forth in this agreement, Cermak Technologies Inc does not make any representations or warranties, expressed or implied, regarding the Cermak Technologies Inc services, including any implied warranty of merchantability or fitness for a particular purpose or implied warranties arising from course of dealing or course of performance. Under no circumstances, including negligence, shall Cermak Technologies Inc or anyone else involved in administering or distributing the Cermak Technologies Inc services be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Cermak Technologies Inc services, Cermak Technologies Inc software, including but not limited to reliance on any information obtained, or stored, on the Cermak Technologies Inc network, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction, or unauthorized access to Cermak Technologies Inc's records, programs, or services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, IN SUCH STATES, CERMAK TECHNOLOGIES INC'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. Cermak Technologies Inc shall not be liable to a client for more than the aggregate amounts paid to Cermak Technologies Inc under this agreement. UNDER NO CIRCUMSTANCES SHALL CERMAK TECHNOLOGIES INC BE LIABLE TO THE CLIENT FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF CERMAK TECHNOLOGIES INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR LOST PROFITS.
9. INDEMNITY. You agree to indemnify Cermak Technologies Inc from any and all third-party claims, demands, liabilities, costs or expenses, including reasonable attorneys' fees resulting from your breach of any duty, representation or warranty under this Agreement.
10. TERMINATION. Either you, as the client, or Cermak Technologies Inc may terminate this agreement at any time for any or no reason upon ten (10) days' written notice to the other party. Notwithstanding the foregoing, Cermak Technologies Inc may immediately block the client's site or immediately terminate the client's access to and use of the Cermak Technologies Inc services and software if at Cermak Technologies Inc's sole discretion, it deems any information contained in the client's site to violate this agreement.
11. ASSIGNMENT. Neither party may assign this agreement or any of its rights or obligations hereunder without the prior written consent of the other party, and any such attempted assignment shall be void. This agreement shall be binding upon the parties' respective successors.
12. NOTICES. Any notices or communication under this agreement shall be in writing and shall be deemed delivered to the party receiving such communication at the address specified below (a) on the delivery date if delivered personally to the party, or a representative of the party, (b) one business day after deposit with a commercial overnight carrier, with written verification of receipt, (c) five business days after the mailing date, whether or not received, if sent by US mail, return receipt requested, (d) on the delivery date if transmitted by confirmed facsimile. If to Cermak Technologies Inc (or Radio Tower Networks):

    Radio Tower Networks
    Cermak Technologies Inc
    P.O. Box 127
    Waynesboro, PA 17268

    If to Client: Name and address provided for account setup.
13. GOVERNING LAW. This agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, except with regard to it's conflict of law rules.
14. WAIVER. A failure of either party to exercise any right provided for herein shall not be deemed to be a waiver of any right hereunder.
15. SEVERABILITY. In the event any one or more of the provisions of the agreement or any of any exhibit is invalid or otherwise unenforceable, the enforceability of remaining provisions shall be unimpaired.
16. INDEPENDENT CONTRACTORS. The parties to this agreement are independent contractors. Neither party is an agent, representative, or partner of the other party. Neither party shall have any right, power or authority to enter into any agreement for or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party. This agreement shall not be interpreted or construed to create an association, agency, joint venture or partnership between the parties or to impose any liability attributable to such a relationship upon either party.
17. ENTIRE AGREEMENT. This agreement sets forth the entire agreement, and supersedes any and all prior agreements of the parties with respect to the transactions set forth herein. Neither party shall be bound by, and each party specifically objects to, any term, conditions or other provisions which is different from or in which is proffered by the other party in any correspondence or other document, unless the party to be bound thereby specifically agrees to such provision in writing.