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
RENTERs 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.