HOSTING AGREEMENT
PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
1. OVERVIEW
This Hosting Agreement is between SERVICE PROVIDER and COMPANY, and is made effective as of the date of acceptance and/or service activation. This Agreement sets forth the terms and conditions of your use of Hosting services and represents the entire agreement between COMPANY and SERVICE PROVIDER concerning the subject matter hereof.
Your activation of service or signature of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with our General Terms and Conditions Agreement, which is incorporated herein by this reference, and any other agreements or policies that are expressly incorporated herein.
The terms “service provider”, “we”, “us” or “our” shall refer to SERVICE PROVIDER. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement (CUSTOMER). Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
We may, in our sole and absolute discretion, change or modify this Agreement, any policies or agreements which are incorporated herein, and any limits or restrictions on the Services, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of the Services after such changes or modifications shall constitute your acceptance of this Agreement and any limitations to the Services as last revised. If you do not agree to be bound by this Agreement and any Service limitations as last revised, you may have up to 30 days to terminate service but will be bound by the termination fees as referenced in any agreements which are incorporated herein. We may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your account information current. We assume no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.
1.1 Access to Digital Content
SERVICE PROVIDER will host CUSTOMER website and Services according to the terms of the Package selected by CUSTOMER provided that CUSTOMER complies with the terms and conditions set forth in this Agreement. SERVICE PROVIDER will provide email boxes, web hosting storage and associated services as specified. SERVICE PROVIDER has the right to remove or reassign the IP addresses of CUSTOMER website. From time to time SERVICE PROVIDER may impose reasonable rules and regulations regarding the use of the SERVICE PROVIDER Web Hosting Service. SERVICE PROVIDER reserves the right to change any of the features, content or applications of the SERVICE PROVIDER Web Hosting Service at any time with or without notice to CUSTOMER.
The SERVICE PROVIDER Web Hosting Service will provide CUSTOMER to website developed by SERVICE PROVIDER with access to objects such as images, photographs, templates, graphics, animations, video, audio, music, sound, text, data, software, trademarks, trade names, logos and other intellectual property as well as “applets”, and “online” or electronic documentation (collectively, “SERVICE PROVIDER Digital Content”) that CUSTOMER may incorporate into CUSTOMER own original work, modify and publish in CUSTOMER website for viewing purposes as long as CUSTOMER pays for the SERVICE PROVIDER Web Hosting Service. The SERVICE PROVIDER Website and Digital Content will only function on SERVICE PROVIDER’s servers unless licensing is granted otherwise. CUSTOMER may use the SERVICE PROVIDER Website and Digital Content only in accordance with the SERVICE PROVIDER Acceptable Use Policy
1.2 Data Transfer and Storage Limits
CUSTOMER Package sets forth the monthly data transfer and storage limits. The SERVICE PROVIDER Web Hosting Control Center provides CUSTOMER with limits and CUSTOMER will be charged overage fees if CUSTOMER exceeds SERVICE PROVIDER limits, or that in the event CUSTOMER website exceeds the monthly bandwidth or storage limits in CUSTOMER Package, CUSTOMER website may shut down.
1.3 Restrictions of Use
CUSTOMER will not attempt to undermine the security or integrity of the SERVICE PROVIDER Web Hosting Service or the SERVICE PROVIDER network including, but not limited to, FTP server access, port scanning, vulnerability probing or denial of service attacks of any kind. In addition, running excessively CPU intensive CGIs such as IRC bots and utilities, Bit Torrent clients, and any application that acts as a server and listens for inbound network connections are prohibited. Software that acts as proxy server/scripts also is not permitted. If CUSTOMER processes are adversely affecting server performance, SERVICE PROVIDER reserves the right to terminate and disable the offending processes even if such action causes disruption to CUSTOMER website. SERVICE PROVIDER restricts run time of any customer’s CGI process.
Using the SERVICE PROVIDER Web Hosting Service to send unsolicited bulk emails or usenet postings (spam) is also prohibited. Engaging in activities pertaining to Black Hat SEO, spandexing and so-called “scraper sites” is prohibited. SERVICE PROVIDER reserves the right to disable any portion of CUSTOMER website if SERVICE PROVIDER determines, at its sole discretion, that CUSTOMER website is being used for spamming, hacking or any other type of illegal activity.
2. UPTIME GUARANTEE
SERVICE PROVIDER offers a Service uptime guarantee of 99.9% (“Service Uptime Guarantee”) of available time per month on the server. If we fail to maintain this Service Uptime Guarantee in a particular month (as solely determined by us), you may contact us and request a credit of 5% of your monthly hosting fee for that month. The credit may be used only for the purchase of further products and services from us, and is exclusive of any applicable taxes. The Service Uptime Guarantee does not apply to service interruptions caused by: (1) periodic scheduled maintenance or repairs we may undertake from time to time; (2) interruptions caused by you from custom scripting, coding or the installation of third-party applications; (3) outages that do not affect the appearance of your website but merely affect access to your website such as FTP and email; (4) causes beyond our control or that are not reasonably foreseeable; and (5) outages related to the reliability of certain programming environments or browsers.
3. SECURITY
SERVICE PROVIDER provides business-class security services on all Websites and within its hosting environment, to include but not limited to 1) off market SiteLock scanners, certificates, application firewalls and penetration test tools, 2) fully managed firewalls, 3) secure IP blocks 4) encrypted password layers and SSH controls, 5) limited authorizations to elements, 6) regular daily and monthly backups of all elements and 7) private placement of Services control and we will not provide access to any of these services, even per your request. Security in critical for all of our customers and for our proprietary configurations and learnings.
4. SSL CERTIFICATES
Except as may be limited by specific products or services, any SSL certificate you purchase from us or our affiliates to use in conjunction with the Services is intended for its specific use as described in the SSL Certificate Service Subscriber Agreement and will not be exported from the server to be used with any other web hosting service. If you are using an SSL certificate on a website hosted by us, we will generate and securely store a corresponding private key.
For security reasons, at no time will we release your private key, even per your request. SERVICE PROVIDER SSL certificates cannot be transferred off of SERVICE PROVIDER platform. Also, we do not support SSL certificates not provided by us.
5. THIRD PARTY SOFTWARE
Definition “Third Party Software” means any software or application developed and owned by a third party provider that we may contract with from time to time.
Operating Software. The Services may be operated in both Linux® and Windows® environments. Each time you commission a server, we will provision the server with the operating system of our choice.
We reserve the right to modify, change, or discontinue any Third-Party Software at any time, and you agree to cooperate in performing such steps as may be necessary to install any updates to the Third-Party Software. You may not use the Third-Party Software outside of the Services. We may provide your personal information to third-party providers as required to provide the Third-Party Software. You acknowledge and agree that your use of the Third-Party Software is subject to our agreement(s) with the third-party providers. In addition, if the Third-Party Software is accompanied by or requires consent to a service or license agreement from the third-party provider, your use of the Third-Party Software is subject to such service or license agreement. You may not download, install, or use any Third-Party Software that is accompanied by or requires consent to a service or license agreement from a third-party provider unless you first agree to the terms and conditions of such service or license agreement. You may not remove, modify, or obscure any copyright, trademark, or other proprietary rights notices that are contained in or on the Third-Party Software. You may not reverse engineer, decompile, or disassemble the Third-Party Software, except and only to the extent that such activity is expressly permitted by applicable law. You acknowledge and agree that the third-party providers (and their affiliates and suppliers) make no representations or warranties about any Third-Party Software offered in connection with the Services, and expressly disclaim any liability or damages (whether direct, indirect, or consequential) arising from the use of the Third-Party Software. You acknowledge and agree that any Third-Party Software will be supported by us and not by the third-party providers (or their affiliates or suppliers).
6. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
7. DEFINITIONS; CONFLICTS
Capitalized terms used but not defined herein shall have the meanings ascribed to them in the General Terms and Conditions Agreement. In the event there is a conflict between the provisions of this Agreement and the provisions of the General Terms and Conditions Agreement, the provisions of this Agreement shall control.