GuidePath.Com™
Web Presence Agreement
This agreement sets forth the terms and conditions under which Guidepath.Com™ ("GuidePath", "Us", or "We") agrees to provide Web Presence services to the Customer identified on the Signature Page of this agreement ("You" or "Customer"). This agreement shall take effect as of the Activation Date listed on the Signature Page.
1. Description of Service. GuidePath will make available reasonably sufficient services for creating and maintaining a web presence. Service will include sufficient storage space for Your Web Presence. Creation, amendment, and upgrade services shall take effect immediately upon request by Customer and shall take a maximum of twenty (20) business days to complete.
2. Fees and Payment. GuidePath will begin billing Customer as of the Activation Date listed on the Signature Page. Customer will pay GuidePath for Services rendered as set forth on Signature Page, plus any applicable taxes. GuidePath will invoice Customer in advance as set forth on the Signature Page.
3. Term. The term of this agreement shall begin on the Activation Date listed on the Signature Page and will continue for a minimum of twelve (12) months, unless earlier terminated by GuidePath in accordance with this Agreement. This Agreement will automatically renew for an additional twelve- (12) month term ("Additional Term") unless otherwise terminated. GuidePath reserves the right to terminate the Service to the Customer in the event that the Customer breeches any of the Customer Responsibilities listed below. Upon expiration or termination of this agreement by either party, GuidePath shall delete the Customer's account from GuidePath's servers for GuidePath's purposes.
4. Customer Responsibilities. Customer acknowledges and agrees:
(i) that the primary function of the Service(s) as they relate to Customer's Web Presence is to facilitate access by end users to the information Provided by GuidePath's Web Services;
(ii) that GuidePath has no proprietary, financial, or other interest in Customer's goods or services that may be described in or offered through Customer's Web Presence
(iii) and that Customer is solely responsible for the content, quality, performance and all other aspects of its goods or services and the information or other content contained in or provided through the Customer's Web Presence (including the exceptions listed in Content Restrictions below).
Ownership of any graphics, text or other information developed, modified and designed by GuidePath for incorporation into Customer's Web Presence shall remain with GuidePath.
The conditions and terms of this Agreement may change; the use of GuidePath's services after any change to this Agreement shall constitute the Customer's acceptance of any changes.
Customer authorizes GuidePath to use its business name and/or statistical information for purposes of advertising and/or promotion of GuidePath and GuidePath's features (which includes, but is not limited to, the Customer's own section within the GuidePath family).
5. Content Restrictions. No content containing nudity, vulgarity, profanity, or violence shall be permitted on GuidePath's servers. Customer agrees that GuidePath shall maintain such content guidelines upon Customer's Web Presence that shall provide for the widest possible usage by all end users (including, but not limited to children). No content shall be allowed which is defamatory, fraudulent, or deceptive. No confidential or proprietary information shall be displayed, except solely at Customer's own risk.
6. Disclaimers. The Internet is a network of both government and non-government inter-operable packed switch networks. The Internet is not owned, operated, or managed by, or in any way affiliated with GuidePath or any GuidePath affiliates. GuidePath cannot and will not guarantee that the Service provided is sufficient to meet Your needs.. GuidePath assumes no responsibility for any commercial transactions attempted or completed involving any GuidePath services designed to enable such transactions by Customer for transmission carried over inter-exchange carriers' and local exchange carriers' and other providers' transmission facilities. We are not responsible for transmission errors, or corruption or security of data.
7. Liability Limitation. Customer agrees that all information provided on the Service and the Service itself are provided "AS IS" and on an "AS AVAILABLE" basis.
8. Indemnification. Customer shall indemnify, defend and save harmless GuidePath if any Judicial action or informal claim is brought by any third party against GuidePath resulting from the use of Service by Customer or any User.
9. General. Neither party may, without the prior written consent of the other party, assign or transfer this Agreement or any obligation hereunder, except that GuidePath, upon written notice to Customer, may assign this Agreement to any affiliated entity, or to a successor entity upon the merger, reorganization, consolidation, or sale of all or substantially all of GuidePath's assets. This Agreement is the entire Agreement between GuidePath and Customer on the subject matter hereof, and it supersedes all prior representations, understandings, or agreements, without limitation, any marketing or promotional material that may be supplied by GuidePath.
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