Terms of Service
Pappas Development Group, Inc. | MyJohnstownPA.com
PRIVACY POLICY / TERMS OF SERVICE
The terms and conditions set forth herein constitute the full and complete agreement between you and Pappas Development Group, Inc., By using the Pappas Development Group, Inc., Web Site, Hosting Services, any Support Services, any Pappas Development Group, Inc., software, or any other products or services of Pappas Development Group, Inc., you agree to be bound by the terms of this agreement. The terms contained herein supercede and replace any other agreement or negotiation between you and Pappas Development Group, Inc., whether oral, written or otherwise, including any statements made to you by any representative of Pappas Development Group, Inc., at any time. Any amendments, changes, additions, deletions or other modifications of this Agreement are void unless specifically expressed in writing and agreed to by Pappas Development Group, Inc.,
1. PAYMENT OF FEES / EXPENSES
Pappas Development Group, Inc., charges Account Set-Up Fees, Service Fees and Domain Service Fees where applicable. All such fees are subject to change with 30 days notice. A list of current fees is available on the Pappas Development Group, Inc., website. Unless otherwise specified in any offer or promotion, the fees published on the Pappas Development Group, Inc., website are applicable to all transactions between you and Pappas Development Group, Inc.. The contract between you and Pappas Development Group, Inc. is effective from the earlier of (1) the activation of your account or (2) your receipt of an email from Pappas Development Group, Inc. confirming your order.
Pappas Development Group, Inc. reserves the right to offer subsequent promotional rates which may or may not be more favorable than the terms under which you entered this agreement. Any such periodic special rates shall not effect the then existing rights and responsibilities of each party. Pappas Development Group, Inc. reserves the right to change the rate charged for any such fee under this agreement with 30 days notice. Promotional offers and rates may not be combined.
To the extent that you qualify for any promotional rates or special offers offered by Pappas Development Group, Inc., these terms and conditions may be modified by the terms and conditions of the promotion or special offer. In such a case, the terms and conditions of the promotion, to the extent they differ from the terms and conditions expressed herein, govern.
Pappas Development Group, Inc. charges a non-refundable set up fee as well as its periodic service fee which in some cases may be refundable as further set forth elsewhere herein. Depending on the services you order from Pappas Development Group, Inc., Pappas Development Group, Inc. may also charge you for Domain Service Fees and specifically reserves the right to institute additional charges upon notice to you. Pappas Development Group, Inc. reserves the right to alter, change, amend or delete charges at its sole discretion. Pappas Development Group, Inc. further reserves the right to institute new services and charge fees in association with the provision of such new services as it deems appropriate.
Payment of fees must be made by Cash, Check, or Credit Card (American Express, Visa, MasterCard, and Discover). Payment for all products and services is due in advance, unless specifically stated otherwise in the offer or promotion pursuant to which you have ordered or are ordering the Pappas Development Group, Inc. Services. All payments shall be made in United States Dollars.
Payment by Credit Card: prior to activation of your user account and at any applicable time thereafter you authorize Pappas Development Group, Inc. to charge the credit card provided by you for the amount of the fees due for the agreed upon services, together with any applicable set-up charges, registration fees, or any other charges outlined herein as may be applicable. You further authorize Pappas Development Group, Inc. to charge your credit card for all subsequent period fees at, including but not limited to fees resulting from services provided in addition to or in excess of the previously agreed-upon limits, or a reasonable period in advance of, the commencement of any such subsequent period. Should you fail to provide credit card authorization to pay any such fees, Pappas Development Group, Inc., at its sole discretion will have the right to suspend your account and/or terminate it under Article 8 hereof. Refusal or rejection of any charge or any portion thereof is grounds for account suspension and/or termination at the sole option of Pappas Development Group, Inc. under Article 9 herein.
Refunds of Service fees will be made only for pre-payment of Service fees beyond the renewal date following the effective notice and termination of this agreement under Section 8. All refunds shall be pro-rated based upon the number of days for which service remains unused as of that renewal date. Pappas Development Group, Inc. may grant refunds under any other circumstance it deems appropriate without waiving any other rights hereunder. There will be no refunds of Domain Service Fees. Fees paid for certain additional services, including but not limited to services such as Additional Virus Scanner, are also not refundable.
2. WEB HOSTING SERVICES
For the term of the agreement as set forth herein, Pappas Development Group, Inc. agrees to provide the Pappas Development Group, Inc. Services, to the extent they have been subscribed to by you, upon activation of your account. Pappas Development Group, Inc. reserves the right to change, amend and/or otherwise alter the Pappas Development Group, Inc. Services with equivalent or otherwise equal services without prior notice to you.
Account activation and provision of the Pappas Development Group, Inc. Services will commence as soon as is practicable after receipt of your order, dependent on the timely receipt of any payment due from you in connection therewith. Subscribers to Pappas Development Group, Inc. Services must be at least 18 years of age or require the approval of the minor’s legal guardian. Pappas Development Group, Inc. does not carry an uptime guarantee & a backup of personal site data is not created unless requested due to privacy & copyrights. Websites created and maintained by Pappas Development Group, Inc. will have full backup of WebSite Files.
3. DOMAIN NAMES AND REGISTRATION SERVICES
At your request, Pappas Development Group, Inc. may acquire a Second-Level Domain Name (“Domain Name”), on your behalf and in your name, assuming that the Domain Name you request is available for registration. Pappas Development Group, Inc. will not own or otherwise legally control any Domain Name registered on your behalf under this Section. Pappas Development Group, Inc. provides this service as a convenience to you only and you hereby waive any and all claims which you may have, or which may later arise, against Pappas Development Group, Inc. for any and all damages, losses, claims or expenses arising our or related to the acquisition, registration and/or use of the Domain Name. Any costs incurred by Pappas Development Group, Inc. to obtain and/or maintain the Domain Name on your behalf shall be charged to you by Pappas Development Group, Inc. under the provision therefore elsewhere herein.
Before using a website under a domain name, Pappas Development Group, Inc. may contain advertisements on the website for Pappas Development Group, Inc. Services or for the products and services offered by business partners of Pappas Development Group, Inc. or by other third parties.
Domain Names may be registered by Pappas Development Group, Inc. on your behalf through a variety of Domain Name Registration Services (each a “Registrar”). Each Registrar has its own terms and conditions concerning the registration and maintenance of domain names and you agree to be bound thereby. In particular, registration of Domain Names binds you to the terms of the Uniform Domain Name Dispute Resolution Policy (“UDRP”), which governs the resolution of most disputes regarding the registration of Domain Names.
You warrant to Pappas Development Group, Inc. that any Domain Name you may seek to register through Pappas Development Group, Inc. does not violate the rights of any third party, in particular trademark rights, and that you have taken reasonable steps, including but not limited to searches of the applicable state and federal trademark registries, to assure that this is the case. You agree to indemnify and hold harmless Pappas Development Group, Inc., its officers, directors, employees and agents, with respect to any and all damages, losses, claims or expenses incurred with respect to or arising out of claims of third parties concerning your use of any such Domain Name on the Internet.
You agree to inform Pappas Development Group, Inc. of any proceeding instituted by any party challenging your rights to use any Domain Name hosted on Pappas Development Group, Inc. servers, including but not limited to disputes under the Uniform Domain Name Dispute Resolution Policy (“UDRP”). Should you for any reason lose your right to use a Domain Name hosted on the Pappas Development Group, Inc. Servers, through expiration of the registration of the Domain Name, judicial decree, and administrative decision under the UDRP or otherwise, you agree to immediately inform Pappas Development Group, Inc. of such loss of rights. To the extent your loss of rights to a Domain Name is accompanied by any judicial decree or administrative decision granting rights to the Domain Name to a third party, you agree to immediately inform Pappas Development Group, Inc. in writing of the identity of the party to whom such rights are to be transferred, as well as of any other information regarding the nature and scope of the decision of the judicial body or administrative panel that rendered the decision.
You agree and understand that Pappas Development Group, Inc. may, should your rights to a Domain Name be challenged in any way, suspend the Pappas Development Group, Inc. Services associated with such Domain Name and take any other steps required under any such proceeding, including but not limited to actions required under the UDRP. In any such case, Pappas Development Group, Inc. will take every reasonable step to assure that no loss of data occurs as a result of such actions and Pappas Development Group, Inc. may make such data available to you for storage elsewhere.
4. ACCEPTABLE USE
Pappas Development Group, Inc. strictly enforces compliance with its acceptable use terms under this Article 4. You agree to maintain your website in full compliance with the terms set forth below. Failure to so comply is cause for immediate suspension and possible termination under Article 8 herein.
You agree that:
You will not violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government; you will not engage in any activity of any kind that causes harm to minors or to perform any activity which is likely to cause such harm; you will not take any action which encourages or consists of any threat of harm of any kind to any person or property; you will not transmit any unsolicited commercial or bulk email, will not engage in any activity known or considered to be “spamming” or “Mail Bombing,” and you will not carry out any “denial of service” attacks on any other website or internet service; you agree not to make any inappropriate, illegal or otherwise prohibited communication to any Newsgroup, Mailing List, Chat Facility, or other Internet Forum; you agree not to make or attempt any unauthorized access to any Pappas Development Group, Inc. website or the website of any Pappas Development Group, Inc. customer; you agree not to infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software;
you agree not to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, offensive, indecent, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law, including without limitation the U.S. export control laws and regulations, and laws protecting intellectual property including copyright, trademark, trade secret, misappropriation and anti-dilution laws;
you agree not to collect, attempt to collect, publicize, or otherwise disclose personally identifiable information of any person or entity without their express consent (which may be through the person or entity’s registration and/or subscription to your web site or email list, in which case you must post a privacy policy which discloses any and all uses of information that you collect) or as otherwise required by law, and you shall maintain records of any such consent throughout the terms of this agreement and for three years thereafter; you agree not to undertake any action which is harmful or potentially harmful to the Pappas Development Group, Inc. server structure.
In order to maintain the data-transfer volume restrictions set forth in Section 11.1 below, you agree to check all of your email accounts in regular intervals and to download the email stored therein. Pappas Development Group, Inc. may, should the capacity of your email boxes be exceeded at any time, return all subsequently received emails to the senders without notice to you. Email accounts that have not been used for a period exceeding two (2) months (i.e., the account has not been accessed by you and email has not been downloaded for a period of two month) are subject to suspension by Pappas Development Group, Inc.. Upon such suspension, Pappas Development Group, Inc. will send a notification to your primary contact email address, announcing the suspension of the account. Failure to respond to such notice with a request for reinstatement of the account may, at Pappas Development Group, Inc.’s sole discretion, lead to the termination of the subject account and the email box may be deleted from Pappas Development Group, Inc.’s servers. In such cases, Pappas Development Group, Inc. takes no responsibility for the loss of any data and/or emails still located in such account and you have no recourse against Pappas Development Group, Inc. for any damages resulting from the loss of such data.
Use of your IMAP account as a “virtual drive”, i.e., to store files as attachments or in any other manner, is strictly prohibited. IMAP accounts may be used for no purpose other that in the context of normal email traffic.
You agree to design your websites in such a manner as to avoid overloading of the Pappas Development Group, Inc. Servers, by limiting the use of CGI-Scripts that require overly high processor capacity, and to use good judgment to provide a website that is designed in a technically competent manner. Pappas Development Group, Inc. has the right, should your website be the cause of interruptions in Pappas Development Group, Inc.’s ability to provide its services to other customers, to temporarily disable access to your website. In case Pappas Development Group, Inc. takes such a step, you will be informed thereof as soon as is practicable and Pappas Development Group, Inc. may work with you to remove the condition that led to the suspension. You agree not to operate any chat rooms via the Pappas Development Group, Inc. Services, unless permission for the operation of a chat room was specifically included in the service package ordered and paid for by you.
5. BLOCKING OF BULK EMAIL (“SPAM”)
Pappas Development Group, Inc. reserves the right to block email from any open mail relay, IP address or other source that Pappas Development Group, Inc. believes are being used to send unsolicited commercial or bulk email, commonly known as SPAM.
6. LICENSE
Pursuant to the terms and conditions set forth herein, Pappas Development Group, Inc. grants you a non-exclusive, limited, personal, non-transferable license to use the Pappas Development Group, Inc. Software pursuant to the Software License Agreement delivered along with the Software to you. By installing and utilizing the Pappas Development Group, Inc. Software, you are deemed to have agreed to the terms of said Software License Agreement.
For purposes of this Agreement, the term Pappas Development Group, Inc. Software includes the original program, all copies thereof and all parts of the program, even when the parts are combined with other programs of other manufacturers. A program consists of machine readable instructions, audio-visual components and all manuals and other instructions or materials delivered therewith.
You agree to assure that all users of the Pappas Development Group, Inc. Software are aware of and comply with the terms of the license granted hereby. You may use the Pappas Development Group, Inc. Software on a single computer or workstation. Use of the Pappas Development Group, Inc. Software exists when the Pappas Development Group, Inc. Software is loaded into the memory of any computer or workstation or stored on the hard drive or other storage medium of any computer or server. Installation of the Pappas Development Group, Inc. Software on a Network Server solely to facilitate distribution to other computers attached to the network is not use. However, each installation from such network server is subject to the license restrictions contained herein. Multiple installations, unless specifically permitted under the license granted to you, are not permitted.
The Pappas Development Group, Inc. Software is generally provided free of additional charges. Nevertheless, to the extent that license fees are charged in extraordinary circumstances, the amount of the license fee charged by Pappas Development Group, Inc. is dependent on the number of licensed users agreed to between you and Pappas Development Group, Inc.. If use of the Pappas Development Group, Inc. Software is governed by license administration software, an unlimited number of copies may be installed and stored on any number of computers or servers which are under the control of the license administration program, provided, however, that the number of copies, computers servers and users may not exceed the agreed upon maximum number permitted. Programs which are designed to be used both on stationary and portable computers may be stored on both a primary and secondary computer but may not be used simultaneously on both computers. The Pappas Development Group, Inc. Software is provided to you in object code form. You are permitted to make one (1) security copy of the Pappas Development Group, Inc. Software, as long as said copy retains all of Pappas Development Group, Inc.’s copyright and trademark notices. You agree not in any way to translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, license, distribute, market or otherwise dispose of any portion of the Pappas Development Group, Inc. Software or any copies thereof and not to assist any third party in doing so. To the extent the license granted to use any Pappas Development Group, Inc. Software, the Pappas Development Group, Inc. Services and any accompanying materials is limited by time, or upon the cancellation or termination of the Pappas Development Group, Inc. Services, you will, upon the end of the license period or cancellation or termination, remove, destroy, erase and otherwise obliterate all copies of the Pappas Development Group, Inc. Software from all computers on which it may have been installed and to permanently destroy all security copies you may have made pursuant to the forgoing Section 5 To the extent required by any additional license terms, you will return to Pappas Development Group, Inc. all written documentation and advertising or promotional materials provided to you by Pappas Development Group, Inc.. Pappas Development Group, Inc. provides its customers with the ability to order certain third-party software (the “Third Party Software”), depending on the hosting package ordered. Such Third Party Software is delivered to Pappas Development Group, Inc. Customers by mail and may be ordered via customers control panel for a period of six (6) months after the commencement of the Pappas Development Group, Inc. Services. The license conditions governing the use of the Third Party Software may differ from Pappas Development Group, Inc.’s own software licenses. Customers of Pappas Development Group, Inc. are bound by the conditions of all licenses pertaining to such Third Party Software and should make themselves familiar with their terms and conditions. The provision and offering of such Third Party Software by Pappas Development Group, Inc. does not constitute an endorsement of the Third Party Software, nor can Pappas Development Group, Inc. make any representations or warranties regarding the use and functionality of such Third Party Software. THIRD PARTY SOFTWARE IS OFFERED TO Pappas Development Group, Inc. CUSTOMERS WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
7. OWNERSHIP OF INTELLECTUAL PROPERTY; CONFIDENTIALITY
It is understood and agreed that during the term of this agreement and thereafter you may come into possession of information which is the confidential and proprietary information of Pappas Development Group, Inc. including but not limited to the Pappas Development Group, Inc. customer service and maintenance tools. You acknowledge that all right and title to any such Pappas Development Group, Inc. intellectual property shall remain the sole property of Pappas Development Group, Inc. and that you have no right, title or interest therein. You further agree not to provide access to the Pappas Development Group, Inc. services to any third party. Any and all right or title to any engineering, coding, programming or customer service work around or other modification of the Pappas Development Group, Inc. Services shall also remain the sole property or Pappas Development Group, Inc.. During the term of this agreement you may have access to certain information and materials relating to the Pappas Development Group, Inc. business, customers, software technology and marketing which Pappas Development Group, Inc. treats as confidential (hereinafter “Confidential Information”). You agree to at all times during the term of this agreement and otherwise as set forth herein: (i) hold in confidence, and not disclose or reveal to any person or entity, any “Confidential Information” without the express prior written consent of Pappas Development Group, Inc.; and (ii) not use or disclose any of the “Confidential Information” for any purpose at any time, other than pursuant to your rights under this agreement for the purpose intended. These obligations shall continue indefinitely for so long as the Confidential Information is a trade secret under applicable law and shall continue for three (3) years following termination of this Agreement with respect to Confidential Information, which does not rise to the level of a trade secret. For purposes of this Article 7, Confidential Information also includes passwords and access codes.
8. TERM
The initial term of this Agreement shall be one (1) month with automatic renewal for subsequent additional month after the expiration of the initial term (each such month a “Contract Term”). Pappas Development Group, Inc. reserves the right to accept pre-payment of renewal periods and may from time to time offer financial incentives for such pre-payment. The Contract Term, however, shall remain one (1) month.
9. TERMINATION
For any reason set forth herein or in the event that you breach any term of this agreement including but not limited to Section 1 (Payment of Fees) and Section 4 (Acceptable Use Policy), Pappas Development Group, Inc. may suspend or terminate your account by deactivating any access by you or by web users to any information contained on the Pappas Development Group, Inc. servers related to your account. Suspension hereunder shall specifically include the disabling of your hosted domain and/or any access to information or data related to your account. Service charges will continue to accrue on suspended accounts and you continue to remain responsible for the payment of any such charges during the period of suspension. Pappas Development Group, Inc. reserves the right to terminate your account forthwith and without notice for any breach of Article 4 of this Agreement. This agreement and all of its terms shall remain in full force and effect until terminated. Termination shall include the removal of any and all of your information from the Pappas Development Group, Inc. servers. Such information or data may or may not be made available to you by Pappas Development Group, Inc. after any such termination. This agreement may be terminated either (a) after a period of suspension as set forth in Section 8.1 or (b) at any time by either party upon 30 days notice. Individual Domain Names can be terminated at the end of each renewal period applying to such Domain Name. Domain Name registrations can be terminated earlier, provided however, that no refund of domain service fees is possible. Either party may terminate this Agreement immediately and without further notice for cause. Cause for immediate termination under this subsection 9 exists (a) if any payment for Pappas Development Group, Inc. Services is more than fifteen (15) days overdue, (b) in case of any material breach of any of the provisions of this Agreement that is not cured within ten (10) days of the breaching party receiving notice thereof from the non-breaching party, or (c) any breach of the provisions of Article 4 of this Agreement. In the event of any termination under this Article 9, any service fees paid in advance beyond the next renewal date following the notice period under that section will be refunded to you. This refund shall not include any set-up fees, Domain Service fees or other fees which are all non-refundable. Accounts that are thirty (30) days past due shall be automatically suspended and all past due and unpaid balances are subject to collection through collection agencies. In the event of such collection action, Customers are liable for costs of collection including but not limited to attorney’s fees, court costs, and collection agency fees. Once an account has been submitted to a collection agency for collection, such account shall additionally be subject to a debt collection fee of $18.95, which fee shall be paid by Customer prior to reactivation of the account.
10. NOTICE
Any notice under this Agreement shall be given by Pappas Development Group, Inc. to you via email at the address provided by you to Pappas Development Group, Inc. at the commencement of this Agreement or as Pappas Development Group, Inc. is subsequently advised. Notice to you at this address is deemed sufficient regardless of your receipt of such email. You warrant that the contact information you have provided to Pappas Development Group, Inc. is and will remain accurate. You agree that you will inform Pappas Development Group, Inc. within 15 days of the change of any of the following information: Your name and/or mailing address; the name, mailing address, email address, telephone or telefax number of the technical contact for your Domain Name(s), if applicable; the name, mailing address, email address, telephone or telefax number of the administrative contact for your Domain Name(s), if applicable; in case you have installed and are operating your own name servers, any change in the primary or secondary DNS address of such servers, including the server names. In addition, in case domain names registered with other registrars point to any website hosted by Pappas Development Group, Inc., you will notify Pappas Development Group, Inc. within fifteen (15) days of any change in the DNS information pertaining to such domain names.
11. WARRANTEES; LIMITATIONS OF LIABILITY
Pappas Development Group, Inc. makes every reasonable effort to maintain operation of the Pappas Development Group, Inc. Services. However because many events and circumstances are beyond the control of Pappas Development Group, Inc., our company in any way does not in any way warrant or otherwise guarantee the availability of the Pappas Development Group, Inc. system or servers and is not responsible for any delay or loss of data, lack of connection, slow connection, or any other such issues whether due to the active or passive negligence of Pappas Development Group, Inc.. Pappas Development Group, Inc. may, at its sole discretion, limit or deny access to its servers, if, in the judgment of Pappas Development Group, Inc., such limitations or denials of access are required to the assure the security of the network, the integrity of the network structure, or to prevent damage to the network, the software or the data stored on the Pappas Development Group, Inc. servers. ALL Pappas Development Group, Inc. SERVICES ARE PROVIDED TO YOU ON AN “AS IS” BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. Information obtained by you from the Internet may be inaccurate, offensive or in some cases even illegal. With the exception of the content found on Pappas Development Group, Inc.’s website, Pappas Development Group, Inc. has no control over information contained on the Internet. Pappas Development Group, Inc., therefore, accepts no responsibility for any information which you may receive from the Internet. You accept full responsibility to verify the truth and accuracy, legality and ownership of the information that you obtain from the Internet as well as the reputation of the individuals with whom you may deal. Pappas Development Group, Inc. provides no warrantee for any goods or services which you obtain over the Internet, nor the compatibility of any such services with the Pappas Development Group, Inc. system. You specifically hereby waive any claim for damages of any kind whether direct, indirect, special, exemplary, punitive, incidental or consequential, loss of profits or loss of business as the result of any action taken in response to any claim of copyright infringement without regard to whether or not the material claimed to have been infringing is later found to be infringing. THE TOTAL SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU AS THE RESULT OF ANY BREACH OF THIS AGREEMENT, NEGLIGENCE, OR ANY ACTION OR FAILURE TO ACT WHETHER INTENTIONAL OR OTHERWISE SHALL BE LIMITED TO THE TOTAL AMOUNT OF SERVICE FEES PAID BY YOU TO Pappas Development Group, Inc. IN THE SIX MONTHS IMMEDIATELY PROCEEDING ANY ALLEGATION OF ENTITLEMENT TO SUCH REMEDY, BUT IN NO EVENT TO EXCEED $150,000. IN NO EVENT SHALL Pappas Development Group, Inc. BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF BUSINESS AS THE RESULT OF ANY SUCH ACTION OR INACTION WITHOUT REGARD TO THE LIKELIHOOD OF ANY SUCH DAMAGES.
12. DATA TRANSFER VOLUME
Unless Pappas Development Group, Inc. agrees otherwise in writing, a data-transfer volume of 6 Gigabytes per month is included in the Pappas Development Group, Inc. Services. The utilized data-transfer volume is calculated on the basis of all data-transfers that take place during any given calendar month (including but not limited to downloads, email, uploads and website visits). You are responsible for monitoring your monthly data transfer volume, and you authorize Pappas Development Group, Inc. to charge your credit card for any excess usage at the rates set forth in its current fees. For purposes of this Agreement, 1 Gigabyte equals 1000 Megabytes, 1 Megabyte equals 1000 Kilobytes and 1 Kilobyte equals 1000 Bytes. In addition the combined mailbox quota space per account may not exceed 1 GB.
13. INDEMNITY
You agree to fully defend and indemnify and hold harmless Pappas Development Group, Inc. of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any breach or claim of breach of this agreement or your negligence whether active or passive or any negligence of Pappas Development Group, Inc. in any way related to your use of the Pappas Development Group, Inc. Services or any portion thereof. You agree to fully defend and indemnify and hold harmless Pappas Development Group, Inc. of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any violation or claimed violation of any copyright or other intellectual property right of any third party which is in any way related to your use of the Pappas Development Group, Inc. Services or any portion thereof. Choice of counsel remains exclusively that of Pappas Development Group, Inc.. You agree that upon the assignment of your Customer ID and password that you will maintain the confidentiality of your account information and assume all responsibility of and from any loss, theft or other destruction of any data as the result of any access to your account via the use of your customer ID and / or your password You further agree to defend and indemnify and hold harmless Pappas Development Group, Inc. of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any claim for damages in any way related to the disclosure of your confidential Customer ID and Password information. Choice of counsel remains exclusively that of Pappas Development Group, Inc..
