Sun Coast Web
Terms of Service

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Contract Terms
(only applies to web hosting services)

This is an Agreement between the entity identified in the "Company Name" block on Page 1, otherwise referred to in this document as "RENTER," and Sun Coast Web, Inc.SM , otherwise referred to in this document as "HOSTING PROVIDER.".

    RENTER AGREES to pay fees as specified in the Agreement and to abide by reasonable rules of content applicable to the rented Internet space.

    HOSTING PROVIDER AGREES to provide disk storage space and Internet access to that space for the term specified in the Agreement. HOSTING PROVIDER also agrees to provide additional services related to the rental as identified in the Agreement.

    PAYMENT. All services are billed and to be paid in advance, being due on or before the start of service or beginning of renewal period.

    RENEWAL. Rental services will automatically renew for a period of three months at the end of the contract period and at the end of each subsequent renewal term. Either RENTER or HOSTING PROVIDER may cancel this renewal at any time up to seven days prior to the end of the current rental period. Written notice of cancellation is required; such notice has to mailed by U.S. Postal Service or other courier and be received in our offices prior to or not later than thirty (30) days prior to the end of the current rental period. Notice by email or facsimile does not suffice.

    NON-RENEWAL/NO NOTICE PENALTY. Absent the receipt and acceptance of RENTER's termination notice (per the above guidelines), if full payment for renewal of service is not received within 10 days after the date of renewal of web hosting services, RENTER's account will be terminated and a penalty fee equal to USD $80 or one (1) month's rental, whichever is more, will be collected. For annual renewals such as Domain Name services, a one-time penalty of USD $25 will be collected from RENTER if past due 10 days on renewal and a termination notice is not received.

    TERMINATION. Either HOSTING PROVIDER or RENTER may terminate this agreement by providing 30 days’ written notice of termination. All unearned fees associated with the terminated agreement will be refunded to RENTER by HOST according to the following rules:

    • No setup fees are refundable by HOSTING PROVIDER to RENTER in case of unilateral termination by RENTER.

    • For web hosting contracts of 3 months or less, the full contract amount less any setup fees will be refunded if HOSTING PROVIDER is notified within the first 30 days following activation. No refund is available after the 30th day.

    • For web hosting contracts longer than 3 months, a refund equal to one-half of the contract amount less any setup fees will be given if HOSTING PROVIDER is notified prior to the first day of the second half of the contract term. For example, on a 6 month contract HOSTING PROVIDER must receive the notice of cancellation prior to the first day of the fourth month of the contract. No refunds will be given once the second half of the contract term has begun.

    • This policy does not apply to any additional services such overages, disk space, pop accounts, etc.

    SERVICE DESCRIPTION. As an Internet World Wide Web service provider, HOSTING PROVIDER provides a dedicated server computer that is integrated into the Internet. This server computer will send and receive information as related to the World Wide Web. RENTER wishes to connect to and utilize the hardware and software facilities of HOSTING PROVIDER to establish an Internet web site.

    SERVICE USAGE. This service may only be utilized only for lawful purposes, and the usage of the service in connection with or adjunct to any matter or thing which violates any municipal, state, or federal statute or regulation is prohibited. RENTER agrees to indemnify and hold harmless HOSTING PROVIDER from and against any and all claims, actions, causes of actions, losses or damages (including legal fees) arising from the usage by RENTER of the service in violation of this paragraph. In the event that HOSTING PROVIDER may at any time believe that the service is being utilized by RENTER in contravention with the terms and provisions of this section, HOSTING PROVIDER may immediately discontinue such service to RENTER without liability other than the refund of unearned prepaid service fees.

    NO WARRANTIES. With respect to the service to be provided hereunder, RENTER acknowledges that HOSTING PROVIDER makes absolutely no warranties whatsoever, express or implied. As a result, RENTER agrees that HOSTING PROVIDER shall not be liable to RENTER for any claims or damages which may be suffered by RENTER, including, but not limited to, losses or damages resulting from the loss of data as the result of delays, nondeliveries, or service interruptions caused by the fault or negligence of HOST.

    USE OF INFORMATION. The utilization of any data or information received by RENTER from the utilization of the service to be provided by HOSTING PROVIDER is at RENTER’s sole and absolute risk. HOSTING PROVIDER specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the services to be provided hereby.

    DOMAIN NAME. If HOSTING PROVIDER shall acquire an Internet Domain Name on behalf of RENTER, then in such case RENTER hereby waives any and all claims which it may have against HOST, for any loss, damage, claim or expense arising out of or in relation to the registration of such Domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of the providing of this service by HOSTING PROVIDER for any reason.

    SERVICE FEES AND INVOICING. Invoicing for web site will be billed a minimum of three months in advance, with payments of the service fee for through the end of the three month period due upon inception. In the event that RENTER shall fail to pay for such services in advance of that three month period, then host shall be entitled to unilaterally terminate service under this agreement, in which case the provisions of the paragraphs entitled SERVICE USAGE, NO WARRANTIES, USE OF INFORMATION, and DOMAIN NAME shall continue in full force and effect, and/or, at its sole discretion, HOSTING PROVIDER may discontinue or suspend service to RENTER until payment is made. Any service disconnection or suspension shall require a $50 re-connect fee.

    CHANGES IN TERMS OF AGREEMENT. HOSTING PROVIDER reserves the right to make changes the above terms and conditions of this agreement upon thirty (30) days written notice to RENTER, advising of the change and the effective date thereof, but with changes in monthly service fees being effective only at the end of the last calendar quarter for which RENTER has prepaid. Utilization of the service by the RENTER following the effective date of such change shall constitute acceptance by RENTER of such change(s).

    ENTIRE AGREEMENT AND SEVERABILITY. This instrument constitutes the entire agreement between the parties, and represents the complete and entire understanding of the parties with respect to the subject matter of this agreement. This instrument supersedes any other agreement or understanding between the parties, whether written or oral. In the event that any term or provision of this instrument is held by a court of competent jurisdiction to be unenforceable, then the remaining provisions of this instrument and the agreement which it evidences, shall remain in full force and effect.

Ownership

    Sun Coast Web, Inc.SM
    2840 West Bay Drive, Suite 113
    Belleair Bluffs, Florida 33770 U.S.A.

    Offices: (727) 595-7150   ·   Facsimile: (727) 517-0610

For further information please contact: information@ clearwaterfl.com
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© Copyright 1996-1997-1998, Sun Coast Web, Inc.SM , all rights reserved. Prices may change & services vary without notice. Not responsible for typos or unintentional errors in sales information. All trade names and products mentioned are registered trademarks of their respective companies.