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WEB
HOSTING AGREEMENT
The following agreement is between HostingSys.com, Inc., incorporated in State of Delaware, USA ("HostingSys")and you ("Client") WHEREAS, HostingSys is an information provider connected to the Internet. HostingSys offers storage and transfer services over the Internet through access to its Web Server; WHEREAS,
Client seeks to utilize HostingSys's server for its own purposes; NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows; I. Financial Arrangements:Client agrees to a 1, 3, 6 or 12 month contract, beginning upon the receipt of this contract and payment via online, fax, check or wire-transfer. HostingSys reserves the right to apply a $25.00 USD incoming wire-transfer processing fee for each wire-transfer. First 1,3, 6 or 12 months payment plus setup charges, if any, shall be due in advance of service. Client will receive an invoice for charges via electronic mail and payment is due by account expiry date. This agreement will automatically renew for successive X month periods (where X is the original term agreed to upon by both parties), unless canceled in writing per the Service Cancellation clause. Renewal prices are subject to change. Renewal of services by Client indicates agreement to any Contract revisions. Renewal fees for the following term will be automatically charged to the credit card on file for your account unless other arrangements have been made. If payment is by credit card, the client authorizes HostingSys to charge the credit card provided for those charges for HostingSys services to be rendered, any past due balances, and overage charges in order to bring the account current. Credit card payments will be charged automatically on the first day of the billing cycle. Should any delays occur in credit card processing on the first day of the client's billing cycle, HostingSys may charge the amount due to the provided card at any time. Payments may also be made by check. Returned checks are subject to a $25.00 USD returned check fee. Accounts that have unpaid invoices more than 30 days past the renewal date will be suspended without notice until the account is brought current. HostingSys reserves the right to terminate the account and delete the files. HostingSys reserves the right to apply a $25.00 USD reconnection fee to all suspended accounts. Suspension does NOT release client of the responsibility for payment of the account and monies due. Domain name payments are separate and will be billed directly to the domain owner. In the case of a corporate client, the individual under whose name the order is made, gives full personal guarantee for all payments due. II. Taxes: HostingSys shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client or HostingSys'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: HostingSys will exercise no control whatsoever over the content of the information passing through the network except for what is noted in section X of this agreement. HostingSys expressly forbids anyone from using HostingSys servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable, including, but not limited to, pornography, satanic materials, and any and all materials of an adult nature. The designation of any materials as such described above is left entirely to the discretion of HostingSys management. Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. HostingSys expressly limits its damages to the Client for any non-accessibility time or other down time to the prorata monthly charge during the system unavailability. HostingSys specifically denies any responsibilities for any damages arising as a consequence of such unavailability. The Client agrees that he or she has the necessary knowledge to create and maintain their web-site. Client agrees that it is not the responsibility of HostingSys to provide this knowledge or Customer Support outside matter specific to HostingSys's servers. HostingSys makes no representations, warranties or assurances that the Customer's equipment will be compatible with the HostingSys service. IV. Trademarks & Copyrights: Client warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service. V. Age: The Customer certifies that he or she is at least 18 years of age. VI. Internet Etiquette: Electronic forums such as mail distribution lists and Use Net news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of HostingSys may not be used to impersonate another person or misrepresent authorization to act on behalf of others or HostingSys. All messages transmitted via HostingSys 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. HostingSys does not permit the transmission of unsolicited e-mail. Complaints or allegations regarding the abuse of e-mail will be investigated. If it is found that the client has engaged in the intentional transmission of unsolicited e-mail, a warning to cease and desist will be issued. Subsequent violations will result in suspension, termination of the account without any refund and/or $500.00 USD fee (or $30 for each unsolicated email complaint). ALL software and files uploaded must follow the standard internet guidelines for fitness of use. Such software items that result in denial of service are not fit for use. An example of a denial of service software would be eggdrop and is not acceptable. HostingSys reserves the right to delete those files without prior notification. VII. Privacy: HostingSys will make every effort to protect the privacy of HostingSys's clients. HostingSys will not reveal personal information regarding its clients unless other arrangements have been made. HostingSys cannot however protect privacy through the Internic registration database as this information is open to the public. HostingSys reserves the right to monitor any and all communications through or with our facilities. You agree that HostingSys is not considered a "secure communications medium" for the purposes of the ECPA. VIII.
Reasonable Use: IX. Transfer
rights X. Network
IP address assignments XI. Service
Cancellation Notwithstanding the above, HostingSys may terminate service under this Agreement at any time, without penalty, if the Client fails to comply with the terms of this Agreement. HostingSys reserves the right to delete Client's personal files after one or both parties terminates the service agreement between HostingSys and Client. All fees paid in advance of cancellation will be pro-rated and paid to the Client by HostingSys if fees exceed fifty (50) US dollars and HostingSys institutes it's right of cancellation. Any violation of policies which results in extra costs will be billed to the client (i.e. transfer, additional webspace etc, excessive CPU usage, e-mail spamming, additional POP3 accounts). XII. Lawful
Purpose: XIII.
Liability: XIV. Indemnification: XV. Contract
Revisions: XVI. Value
Added Reselling: XVII.
Disclaimer: HostingSys reserves the right to cooperate with law enforcement and other authorities in investigating claims of illegal activity, including, but not limited to, illegal transfer or availability of copyrighted material, postings or e-mail containing threats of violence, or other illegal activity. HostingSys reserves the right to revise its policies at any time. This Agreement constitutes the entire understanding of the parties. Any changes or modifications to this Contract thereto are agreed to by the both parties upon renewal of services. This Agreement shall be governed and construed in accordance with the laws of the State of Delaware, USA. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the [Tue Sep 7 08:25:36 EDT 2010 ] Effective Date.
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