Fill and Sign the Website Subscription Agreement Form

Website Subscription Agreement This Website Subscription Agreement ( Agreement ) is entered into as of the ______________________ (date) , hereinafter called the Effective Date, by and between __________________________ (Name of Subscriber) of _____________________________ _____________________________________ (street address, city, county, state, zip code) , hereinafter called Subscriber , and ________________________ (Name of Website Owner) , a corporation organized and existing under the laws of the state of ______________, with its principal office located at ________________________________________________________ _________________ (street address, city, state, zip code) , referred to herein as Company . Whereas, Subscriber desires to subscribe to the website of Company known as ___________________________ (Name of Website) , hereinafter referred to as the Site ; and Whereas, Company is accepting Subscriber as a subscriber to the Site pursuant to the terms of this Agreement; Now, therefore, for and in consideration of the mutual covenants contained in this agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Subscriber Information A. The name of Subscriber is _____________________ (Name of Subscriber) . B. The Professional Name of Subscriber as it will appear on the Site is _____________________ (Name) . C. Subscriber’s address for the purposes of billing and other contacts is _________________________________________________________________ (street address or Post Office Box No., city, state, Country, zip code) . D. Subscriber’s phone number is ______________. Subscriber’s e-mail address is ____________________. Subscriber’s Fax number is ______________. Subscriber’s E- Mail address is _______________________________. Subscriber’s website is located at http://________________________. 2. Term This Agreement is for a period of one year from the Effective Date. Company hereby grants to Subscriber an option to renew this Agreement for a period of ______ (number) year(s) after expiration of the term of this Agreement , with all other terms and conditions to be the same as those in this Agreement. To exercise this option to renew, Subscriber must give Company written notice of intention to do so at least _______ (number) d ays before this Agreement expires. 3. Services Provided Company is an Internet hosting/posting/delivery service only. Company is not responsible for the conduct of and does not control or guarantee work or representation by or from non-subscribers. 4. Rates Subscription fees, as described in Exhibit A , attached hereto and made a part hereof, are due and payable in advance. 5. Cancellation and Refund Policy This Agreement is for the duration of the Term in Paragraph 2 above. Subscriber may cancel the subscription by giving written notice, at which time all information and material will be removed from Company’s Site. Requests for cancellation must be in written form (letter, fax or email). Certain fees, set designated in Exhibit A , are not refundable. Company is not required to issue a refund after 14 days from the Effective Date and, when appropriate, Company has the right to suspend or terminate Subscriber’s account, and refuse any and all current or future use of its services, or any portion thereof. 6. Indemnity Subscriber shall indemnify Company against, and hold Company harmless from, any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including reasonable attorney's fees and costs, arising out of, connected with, or resulting from Subscriber’s use of Company's services, including without limitation the selection, delivery, possession, use or operation of the Company's services 7. File Formats The following file formats are supported (samples): A. Audio – .mp3; B. Video - .mov ( e.g., QuickTime); C. Graphic - .jpg or .gif D. Resume - .doc, .pdf E. Subscriber may send Company the following: 1. Audio – Audio or Data CD (.mp3, .wav or .aiff); 2. Video – DVD or Data CD. Data CD files can be in any of the following formats: .mov, .avi, .dv, .mpg1, .mpg2, or .mp4. Company do not accept Windows Media, Real Player files or analog tapes. 3. Graphic – Any graphic (picture, J-card, etc.) that can be scanned and saved as a .jpeg or .gif (for best quality, scan all images at 300 dpi then resize to 72 dpi.) or files burned to Data CD 4. Resume – Microsoft Word document (.doc) or Adobe Acrobat file (.pdf) 8. Materials submitted will not be returned. Company is not responsible for editing or reviewing submitted materials. 9. Payment Payment may be made by check or acceptable credit card. All checks shall be payable to Company. There will be a $__________ fee on all returned checks. Acceptable credit cards are: 1. VISA; 2. Master Card; 3. Discover; and 4. American Express. 5. Credit Card Number, expiration date, and other information regarding each credit card to be used are: a. Expiration Date ________________; b. Name as it appears on card; and c. Signature Date 10. Company Information A. The name of Company is ______________________ (Name of Company) . B. Company’s address for the purposes of billing and other contacts is __________ ______________________________________________________________________ ( street address or Post Office Box No., city, state, Country, zip code) . D. Company’s phone number is ________________. Company’s e-mail address is ________________________. Company’s Fax number is ______________. Company’s E-Mail address is _________________________. Company’s website is located at http://__________________________. 11. Severability The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 12. No Waiver The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 13. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of ______________. 14. Notices Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. 15. Attorney’s Fees In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees. 16. Mandatory Arbitration Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 17. Entire Agreement This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 18. Modification of Agreement Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. 19. Assignment of Rights The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. 20. In this contract, any reference to a party includes that party's heirs, executors, administrators, successors and assigns, singular includes plural and masculine includes feminine. ____________________________ (Name of Company) ____________________________ By:______________________________________ (P rinted name) (P rinted name & Office in Corporation) ____________________________ ______________________________ (Signature of Subscriber) (Signature of Officer) Attach Exhibit A and Exhibit B