The following agreement is between Pyrameed Sàrl
(“Pyrameed”) of 48 Rue Jacques-Dalphin, Carouge 1227, Switzerland and
WHEREAS, Pyrameed is an Internet Service Provider offering storage and
transfer of documents and other information over the Internet;
WHEREAS, Client seeks to use these servers for its own purposes;
WHEREAS, the parties acknowledge that the Internet is neither owned
nor controlled by any one entity; therefore, Pyrameed can make no
guarantee that any given party shall be able to access the server made
available by Pyrameed at any given time. Pyrameed represents that it shall
make every good faith effort to ensure that the server is available as
widely as possible and with as little service interruption as
NOW THEREFORE, in consideration of the mutual promises contained
herein, the parties agree as follows;
I. Financial Arrangements:
- Length of service
Client agrees to an initial twelve (12) month
contractual term of service (“Term”).
- Service start date
The first payment plus setup charges, if any, shall
be due in advance of any service provided.
Service shall begin upon Pyrameed's receipt of payment for such first Term
of service or upon a mutually agreed upon other date.
- Renewal by client
This agreement will automatically renew for successive twelve (12) month Terms unless canceled in writing by Client at least
30 days prior to the end of Term renewal date. Renewal prices are
subject to change. Renewal of services by Client indicates agreement
to any Contract revisions and price changes. Renewal fees for the
following term will be automatically invoiced to your account.
- Failure to pay
In the case of a web site hosted on a Pyrameed hosting server, failure of
Client to remit payment to Pyrameed by the invoice due date is cause for
removal of the Client's web site files from the Pyrameed hosting server.
Client agrees that Pyrameed shall not be held liable for such removal
- Refund policy
- As detailed above, cancellation by Client must be in writing
within 30 days notice prior to the Term renewal date.
calendar months of service are not refundable under any circumstances
if the Client desires to cancel their service during a Term.
- Client shall not be entitled to any refund of any monies
under any circumstances should this agreement be terminated due to a
violation of the Pyrameed Policies and Terms of Service Agreement
Pyrameed shall not be liable for any taxes or other fees to be paid in
accordance with or related to purchases made from Client or Pyrameed's
server. Client agrees to take full responsibility for all taxes and
fees of any nature associated with such products sold.
III. Material and Products:
Pyrameed will exercise no control whatsoever over the content of the
information passing through the network except for what is noted in
section IX of this agreement, relating to Lawful Purpose, and with
respect to the Pyrameed Policies and Terms Of Service Agreement located at
Pyrameed makes no
warranties or representations of any kind, whether
expressed or implied for the service it is providing. Pyrameed also
disclaims any warranty of merchantability or fitness for any particular
purpose and will not be responsible for any damages that may be
suffered by the Client, including loss of data resulting from delays,
non-deliveries or service interruptions by any cause or errors or
omissions of the Client. Use of any information obtained by way of
Pyrameed is at the Client's own risk, and Pyrameed specifically denies
responsibility for the accuracy or quality of information obtained
through its services. Connection speed represents the speed of an
end-to-end connection. Pyrameed does not represent guarantees of speed
or availability of end-to-end connections. Pyrameed expressly denies
damages to the Client for any non-accessibility time or other down
time. Pyrameed specifically denies any responsibilities for any damages
as a consequence of such unavailability.
IV. Trademarks & Copyrights:
Client warrants that it has the right to use any applicable
trademarks or copyrighted material used in connection with this
Client certifies that he or she is of full legal age to enter into
Pyrameed network resources used by Client may not be used to impersonate
another person or misrepresent authorization to act on behalf of
others or Pyrameed. All messages transmitted by Client should correctly
identify the sender. Users may not alter the attribution of origin in
electronic mail messages or posting. Users must not attempt to
undermine the security or integrity of computing systems or networks
and must not attempt to gain unauthorized access.
- This Agreement may be terminated by either party, without cause, by
giving the other party 30 days written notice. Written notice may be
by postal, email or fax transmission. Pyrameed reserves the right to
verify all cancellations before terminating service. Notwithstanding
the above, Pyrameed may terminate service under this Agreement at any
time, without penalty, if the Client fails to comply with any of the
terms of this Agreement.
- Termination for any violation of the Pyrameed Policies and Terms of Service Agreement shall be immediate. Pyrameed may, at its option, cancel or
suspend service immediately should it believe Client has
violated or is about to violate the Pyrameed Terms of Service agreement
http://www.pyrameed.com/legal/hosting/tos.html or should
the Client fail to remit payment to Pyrameed by the Client's invoice due
- Notice of cancellation
Written notice of cancellation may be by postal mail, email or fax
VIII. No Liability:
- Client expressly agrees that use of the Server offered by Pyrameed
is at Client's sole risk. Neither Pyrameed, its employees, affiliates,
agents, merchants licensers or the like, warrant that the Server
service 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 the
Server service or as to the accuracy, reliability or content of any
information service or merchandise contained in or provided through
the Pyrameed Server service. Agreement.
- Under no circumstances, including negligence, shall Pyrameed, its
offices, agents or anyone else involved in creating, producing or
distributing Pyrameed's Server service be liable for any direct, indirect,
incidental, special or consequential damages that result from the use
of or inability to use the Pyrameed Server service; or that results 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 Pyrameed's records,
programs or services. Client hereby acknowledges that this paragraph
shall apply to all content on Pyrameed's Server service.
IX. Lawful Purpose:
Client may only use
Pyrameed's Server service for lawful
purposes. Transmission of any material in violation of any Federal,
Canton or Local regulation is prohibited. This includes, but is not
limited to copyrighted material, material legally judged to be
threatening or obscene, or material protected by trade secrets.
Client agrees that it shall defend, indemnify, save and hold Pyrameed
harmless from any and all demands, liabilities, losses, costs and
claims, including reasonable attorneys' fees
asserted against Pyrameed, its agents, its
customers, 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, its agents, employees or assigns. Client
agrees to defend, indemnify and hold harmless Pyrameed against Liabilities
arising out of any of the following:
- any injury to person or property caused by any
products sold or otherwise distributed in connection with Pyrameed's
- any material supplied by Client infringing or
allegedly infringing on the proprietary rights of a third party;
- copyright infringement; and
- any defective product which Client
sold on the Server offered by Pyrameed.
XI. Domain Name Ownership, Disputes, and Use
Any domain name registered by Pyrameed on behalf of Client is the property
of said Client after the Client has paid Pyrameed any registration fees
that Pyrameed has incurred on behalf of the client. Pyrameed claims no ownership over Client domain names that
the Client has paid to register. At its option, Pyrameed will either
arrange for any billing for names registered
by Pyrameed on behalf of Client to be sent directly by the registrar
or agent thereof to the Client, or Pyrameed will directly bill the
client for these registration fees plus applicable expenses,
and/or service charges, if any.
Client agrees that Pyrameed may be presented
with information that Client's domain name possibly violates the
trademark rights or other intellectual property rights of a trademark
or other intellectual property rights owner. In case of such action,
Client agrees to the following:
- Client agrees to hold Pyrameed harmless of any action taken by such
owner regardless of the outcome of such dispute and regardless of
whether Domain Name Service hosting for Client's domain is hosted
at or continued to be hosted at Pyrameed.
- Client agrees that Pyrameed has the right to discontinue name service
in the event of such dispute over a Client's domain name.
- Client agrees that should Pyrameed discontinue name service for
Client's domain upon notification of such dispute that that Pyrameed will
not be liable for any loss of business, interruption of business, loss
of Client's domain name, or any indirect, special, incidental, or
consequential damages of any kind (including lost profits) regardless
of the form of action whether in contract, tort (including
negligence), or otherwise, even if Pyrameed has been advised of the
possibility of such damages.
- In no event shall Pyrameed be held liable.
Client agrees that a Pyrameed contact person shall be named as the
“technical or zone contact” for any domains hosted at Pyrameed. Client
agrees that Pyrameed may create and use network resources with the Client's
domain name for administrative, testing, and network infrastructure
XII. Contract Revisions:
Revisions to this Contract will be considered agreed to by the
Client on renewal of Pyrameed Services as specified in Section
I. Financial Arrangements.
This Agreement shall be governed and construed in accordance with the laws of the Swiss Confederation.