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High Performance Website Hosting Terms & Conditions
Term:
Herein this agreement shall govern the "Initial Term" as
selected by the you (the Client) during the ordering process. This agreement is
automatically renewed on January 1st of each new year and ends on December 31st
of each ending year (the Renewal Term) at the end of the Initial Term for the same
period of time as the Initial Term (with respect to Pre-Paid accounts) or for a period of
twelve (12) months (with respect to non Pre-Paid accounts) unless 60 day written notification of
cancellation is rendered to Technology Based Consulting - Internet Technologies on company letter head sixty
(60) days prior to the end of the Initial Term (by or before November 1st of the
term year) or the Renewal Term. Any notice of
cancellation will be effective following sixty (60) days after Technology Based Consulting - Internet Technologies receipt thereof.
Termination Policy
Termination If you terminate your receipt of service prior to the
end of the Initial Term or the Renewal Term, whichever is then applicable, (a)
Technology Based Consulting - Internet Technologies shall not refund to you any fees paid in advance
of such termination and (b) you shall be required to pay 100% of Technology Based Consulting - Internet Technologies standard monthly charge for each month remaining in the
term, unless otherwise expressly provided for in this Agreement. In the event your account
is suspended for non-payment, an activation fee of $25.00 will be charged to your account
to re-activate your site. Client Domain name transfer fee $24.95.
Notwithstanding the foregoing, if you terminate your receipt of
Shared Hosting Services prior to the end of the first thirty (30) days of the Initial
Term, you are entitled to a refund of the fees you pre-paid for the Services, not
including any setup fees, domain name registration fees or software licenses. Your
termination request or notice must be submitted to Technology Based Consulting - Internet Technologies writing. Please eMail
Technology Based Consulting - Hosting Technologies
and we will provide you with the necessary forms. Technology Based Consulting - Internet Technologies may terminate service at any time. In the event that
Technology Based Consulting - Internet Technologies terminates this agreement, Technology Based Consulting - Internet Technologies will refund to the Client a pro-rated portion of the pre-paid fees
(excluding set-up fees, domain name registration fees, software licenses or excessive use
charges) for services not yet rendered as of the termination date unless otherwise
expressly provided for in this agreement.
Default and Cure
In the event that either Client or Technology Based Consulting - Internet Technologies defaults in the performance of any of its material duties or
obligations under this Agreement, including failure to make any payments due under this
Agreement, and such default is not cured within five (5) days after written notice is
given to the defaulting party specifying the default, then the party not in default, after
given written notice thereof to the defaulting party, may terminate this Agreement.
Charges and Taxes
The Client agrees to pay for all charges attributable to their use
of the services at the then current Technology Based Consulting - Internet Technologies
prices, which shall be exclusive of any applicable taxes. The Client is responsible for
the payment of all federal, state, and local sales, use, value added, excise, duty and any
other taxes assessed with respect to the Services, other than taxes based on Technology Based Consulting - Internet Technologies net income.
Payment
All fees for Services must be paid in advance according to the then
current pricing schedule of Technology Based Consulting - Internet Technologies. Upon
entering into this Agreement, the Client must choose to pay either by direct charge to a
credit card or debit card, or receive an invoice and submit subsequent payment. If you
choose to pay by credit or debit card to pay for Services, you thereby expressly grant
Technology Based Consulting - Internet Technologies blanket authorization to charge your
credit card or debit card to pay for any charges that may apply to your account. You agree
that Technologies is not responsible for any
additional fees you may incur as a result of these charges to your credit card or debit
card. You must notify Technology Based Consulting - Internet Technologies of any changes
to your card account (including, applicable account number, cancellation or expiration of
the account), your billing address, or any information that may prohibit Technology Based Consulting - Internet Technologies from charging your account. If you choose to be
invoiced upon registration for Services, Technology Based Consulting - Internet Technologies will invoice you for the services applicable to the period for which you have
registered for services. Technology Based Consulting - Internet Technologies my also
create additional invoices for any applicable supplemental charges associated with your
use of Services. Technology Based Consulting - Internet Technologies will provide you with
a statement reflecting the accumulated charges. You agree to pay Technology Based Consulting - Internet Technologies the amount indicated in each invoice by the due date
reflected on that invoice. If you fail to pay any fees and taxes by the applicable due
date for credit card or invoice payments, late charges of the lesser of one and one-half
percent (1.5%) per month or the maximum allowable under applicable law but at no time less
than fifteen dollars ($15) shall also become payable by you to Technology Based Consulting - Internet Technologies. In addition, your failure to fully pay any fees and taxes within
five (5) days after the applicable due date will be deemed a material breach of this
Agreement, and Technology Based Consulting - Internet Technologies may, in addition to any
other remedy it may have: (i) suspend its performance of Services and/or terminate this
Agreement; and/or (ii) take possession and ownership of any of your property (including
any and all intellectual property) in Technology Based Consulting - Internet Technologies
possession at the time of such non-payment and liquidate such property in any reasonable
manner in partial or full satisfaction of any unpaid amounts. You agree to sign any
documents to facilitate such a transfer of your property and, in the event that
Technology Based Consulting - Internet Technologies is unable for any reason to secure your signature
to any document required for such transfer, you hereby irrevocably designate and appoint
Technology Based Consulting - Internet Technologies and its authorized officers or agents
as your agent and attorney-in-fact to act on your behalf to execute such documents.
Any such suspension or termination of the Services shall not
relieve you from paying past due fees plus interest. In the event of collection
enforcement, you will be liable for any costs associated with such collection, including
without limitation, reasonable attorney's fees, court costs and collection agency fees.
Use of Services
Applicable Use Policy The Technology Based Consulting - Internet Technologies Acceptable Use Policy governs the policies and procedures for use of the
Services. The Acceptable Use Policy is posted on Technology Based Consulting - Internet Technologies Website and may be updated from time-to-time. IT IS
THE CLIENTS RESPONSIBILITY TO READ THE ACCEPTABLE USE POLICY. BY USING THE SERVICES, THE
CLIENT AGREES TO BE BOUND BY THE TERMS OF THE ACCEPTABLE USE POLICY AND ANY MODIFICATIONS
TO THIS POLICY MADE BY Technology Based Consulting - Internet Technologies. Technology Based Consulting - Internet Technologies RESERVES THE RIGHT TO TERMINATE THE CLIENTS
ACCOUNT FOR ANY VIOLATION OF THE USAGE POLICY OR THIS AGREEMENT.
Material and Product Requirements
Unless otherwise agreed upon in a separate agreement, it is the
Client's responsibility to ensure all material and data placed on Technology Based Consulting - Internet Technologies equipment is in a "server-ready" condition.
Technology Based Consulting - Internet Technologies is neither required nor responsible to
make any effort to validate any of this information for content, correctness, usability or
that the content is in anyway server ready. Technology Based Consulting - Internet Technologies reserves the right to reject any material that it deems is not
"server-ready" at any time. Technology Based Consulting - Internet Technologies
will notify you of its refusal of the material and allow you to modify the material to
satisfy the requirements and/or needs of Technology Based Consulting - Internet Technologies. Use of the Services requires a certain level of knowledge and expertise in
the use of Internet software, protocols, languages and skills. The level of knowledge
varies depending on the particular requirements of each Website. It is the responsibility
of the Client to have the necessary knowledge and skills to create and maintain a Website. It is not the responsibility of Technology Based Consulting - Internet Technologies
to provide any training or customer support outside of the Services agreed to by the
Client and Technology Based Consulting - Internet Technologies.
Excessive usage
The Client agrees that use of the services under this agreement
will not exceed the bandwidth and storage usage limits agreed upon in the service plan
initially ordered. Any usage above and beyond the usage limits set forth in the service
plan will be billed at an additional fee and the Client agrees to pay any fees associated
with excessive bandwidth and storage usage. In the event of shared hosting, the Client
agrees that their site is on a shared server, shared with multiple Websites, each sharing
common resources. In the event that the Client's Website is utilizing excessive server
resources, including but not limited to memory and cpu time, the Client may either be
charged additional fees or required to upgrade to a plan that provides additional
resources. In the event that excessive server resources are being utilized by the Client's
Website and it is affecting the performance of the server and/or the other Websites
stored on the same server, the Client's site may be throttled, limited or shut down in
order to restore performance to the server.
Enforcement
Investigation of Violations. Technology Based Consulting - Internet Technologies may investigate any suspected or reported violations of this Agreement, its
policies or any complaints and take any action that it deems appropriate and reasonable
under the circumstances to protect its systems, facilities, customers and/or third
parties. Technology Based Consulting - Internet Technologies will not access or review the
contents of any email or stored electronic communications except as required or permitted
by applicable law or legal processes.
Actions
Technology Based Consulting - Internet Technologies reserves the
right and has absolute discretion to restrict and/or remove from its equipment any content
or data that violates this Agreement or related policies or guidelines, or is otherwise
objectionable or potentially infringing on any third party's rights or is potentially in
violation of any laws. If Technology Based Consulting - Internet Technologies becomes
aware of any violations as outlined here, Technology Based Consulting - Internet Technologies may take immediate actions to correct the violations, including but not
limited to, issuing warnings, suspending or terminating Services, restricting or
prohibiting any and all uses of content hosted on Technology Based Consulting - Internet Technologies equipment and/or disabling or removing any hypertext links to third-party Websites, any content hosted on Technology Based Consulting - Internet Technologies equipment
or other content not supplied by Technology Based Consulting - Internet Technologies,
which, in Technology Based Consulting - Internet Technologies sole discretion may violate
or infringe on any law or third-party rights or which otherwise exposes or potentially
exposes Technology Based Consulting - Internet Technologies to civil or criminal
liabilities or public ridicule. It is Technology Based Consulting - Internet Technologies
policy to terminate repeat offenders. Technology Based Consulting - Internet Technologies
right to take corrective measures, however, does not oblige Technology Based Consulting - Internet Technologies to monitor or exert editorial control over the information made
available for distribution via Services. If Technology Based Consulting - Internet Technologies takes corrective action due to such possible violations,
Technology Based Consulting - Internet Technologies shall not be obligated to refund to Client any fees
paid in advance of such corrective actions and Client holds Technology Based Consulting - Internet Technologies free from any damages that may arise as a result of corrective
actions.
Disclosure Rights
To comply with any and all applicable laws and lawful government
requests, to protect Technology Based Consulting - Internet Technologies systems and
customers, or to ensure the integrity and operation of Technology Based Consulting - Internet Technologies business and systems,
Technology Based Consulting - Internet Technologies may access and disclose any and all information it considers necessary,
including, without limitation, user profile information (name, email addresses, etc), IP
addresses and traffic information, usage history, and content residing on
Technology Based Consulting - Internet Technologies systems and servers. Technology Based Consulting - Internet Technologies reserves the right to report any activity that it suspects violates
any law or regulation to appropriate law enforcement officials, regulators, or other
appropriate third parties.
Your Grant of License to
Technology Based Consulting - Internet Technologies
You hereby grant to Technology Based Consulting - Internet Technologies a non-exclusive, worldwide, and royalty free license for the Initial Term and
any renewal term to use your content as necessary for the purposes of rendering and
operating the services to you under this Agreement. You expressly (a) grant to
Technology Based Consulting - Internet Technologies a license to cache materials distributed or made
available for distribution via the services, including content supplied by third parties,
and (b) agree that such caching is not an infringement of any of your intellectual
property rights or any third party's intellectual property rights.
Technology Based Consulting - Internet Technologies Materials and Intellectual Property
All materials, including but not limited to any computer software
(in object code and source code form), data or information developed or provided by
Technology Based Consulting - Internet Technologies or its suppliers or agents pursuant to
this agreement, and any know-how, methodologies, equipment, or processes used by
Technology Based Consulting - Internet Technologies to provide the services to you,
including, without limitation, all copyrights, trademarks, patents, trade secrets and
other proprietary rights are and will remain the sole and exclusive property of
Technology Based Consulting - Internet Technologies or its suppliers, including but not limited to
any software programs, inventions, products and/or technology innovations and
methodologies utilized, developed, or disclosed by Technology Based Consulting - Internet Technologies during the term of this agreement. Unauthorized copying, reverse engineering,
decompiling, and creating derivative works based on the work of Technology Based Consulting - Internet Technologies is expressly forbidden except as permitted in this
Agreement. You may be held legally responsible for violation of any patent rights,
copyright or trade secret rights that is caused or encouraged by failure to abide by the
terms of this Agreement.
Trademarks
You hereby grant to Technology Based Consulting - Internet Technologies a limited right to use your trademarks, if any, for the limited purpose of
permitting Technology Based Consulting - Internet Technologies to fulfill its duties under
this agreement. This is not a trademark license and no other rights relating to the
trademarks are granted by this Agreement. Specifically, but without limitation, the rights
granted by this agreement do not include the right to sublicense use of your trademarks or
to use your trademarks with any other products or services outside the scope of the
Services provided under this Agreement. The limited trademark use rights granted under
this section terminate upon termination of this Agreement.
Warranty; Warranty Disclaimer
Customer and/or Third Party Acts Technology Based Consulting - Internet Technologies is not responsible in any manner for any nonconforming services to
the extent caused by you or your customers. In addition, Technology Based Consulting - Internet Technologies is not responsible for loss or corruption of data in transmission,
or for failure to send or receive data due to events beyond Technology Based Consulting - Internet Technologies reasonable control.
No Expressed or Implied Warranty
ALL SERVICES, SYSTEMS AND PRODUCTS PROVIDED
BY Technology Based Consulting - Internet Technologies UNDER THIS AGREEMENT ARE PROVIDED
WITHOUT ANY EXPRESS OR IMPLIED WARRANTY IN FACT OR IN LAW, WHATSOEVER. YOU ACKNOWLEDGE AND
AGREE THAT Technology Based Consulting - Internet Technologies EXERCISES NO CONTROL OVER,
AND ACCEPTS NO RESPONSIBILITY FOR, THE CONTENT OF THE INFORMATION PASSING THROUGH
Technology Based Consulting - Internet Technologies COMPUTERS, NETWORKS AND POINTS OF
PRESENCE, OR THE INTERNET. Technology Based Consulting - Internet Technologies DOES NOT
WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. ALL
SERVICES PERFORMED UNDER THIS AGREEMENT ARE PERFORMED 'AS IS' AND WITHOUT WARRANTY AGAINST
FAILURE OF COMPUTER HARDWARE OR COMMUNICATIONS SYSTEMS. EXCEPT AS EXPRESSLY PROVIDED IN
THIS AGREEMENT, Technology Based Consulting - Internet Technologies DOES NOT MAKE AND
HEREBY DISCLAIMS, AND YOU HEREBY WAIVE ALL RELIANCE ON, ANY REPRESENTATIONS OR WARRANTIES,
ARISING BY LAW OR OTHERWISE, REGARDING THE SERVICES, INCLUDING WITHOUT LIMITATION, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR CONDITIONS OF QUALITY,
AND ANY WARRANTIES WITH RESPONSE TO PATENT, COPYRIGHT, TRADE SECRET OR TRADEMARK
INFRINGEMENT.
Your Warranties and Representations
to Technology Based Consulting - Internet Technologies
You warrant, represent, and covenant to Technology Based Consulting - Internet Technologies that (a) you are at least eighteen (18) years of age or are a duly
organized and validly existing entity; (b) you possess the legal right and ability to
enter into this Agreement; (c) You will use the Services only for lawful purposes and in
accordance with this Agreement and all applicable policies and guidelines; (d) you will be
financially responsible for the use of your account; (e) you have acquired or will acquire
all authorization(s) necessary for hypertext links to third-party Websites or other
content; (f) you have verified or will verify the accuracy of materials distributed or
made available for distribution via the Services, including, without limitation, your
content, descriptive claims, warranties, guarantees, nature of business, and address where
business is conducted, and (g) your content does not and will not infringe or violate any
right of any third party (including any intellectual property rights) or violate any
applicable law, regulation or ordinance.
Limitation and Exclusion of Liability
IN NO EVENT SHALL Technology Based Consulting - Internet Technologies HAVE ANY LIABILITY WHATSOEVER FOR DAMAGE, UNAUTHORIZED ACCESS TO,
ALTERATION, THEFT OR DESTRUCTION OF INFORMATION PROVIDED TO Technology Based Consulting - Internet Technologies, DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES.
Technology Based Consulting - Internet Technologies SHALL HAVE NO LIABILITY UNDER THIS
AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE
DAMAGES EVEN IF Technology Based Consulting - Internet Technologies HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF Technology Based Consulting - Internet Technologies TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION
SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO Technology Based Consulting - Internet Technologies BY YOU UNDER THIS AGREEMENT DURING THE THIRTY (30) DAYS IMMEDIATELY PRECEDING
THE DATE ON WHICH SUCH CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN
THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY,
NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE
SERVICES SET BY Technology Based Consulting - Internet Technologies UNDER THIS AGREEMENT
HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU
HEREBY RELEASE Technology Based Consulting - Internet Technologies FROM ANY AND ALL
OBLIGATIONS, LIABILITIES, AND CLAIM IN EXCESS OF THE LIMITATION STATED IN THIS SECTION.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE
EXTENT PERMITTED BY LAW.
Interruption of Service
You hereby acknowledge and agree that Technology Based Consulting - Internet Technologies will not be liable for any temporary delay, outages or interruptions
of the Services. Further, Technology Based Consulting - Internet Technologies shall not be
liable for any delay or failure to perform its obligations under this Agreement, where
such delay or failure results from any act of God or other cause beyond its reasonable
control (including, without limitation, any mechanical, electronic, communications or
third-party supplier failure).
Maintenance
You hereby acknowledge and agree that Technology Based Consulting - Internet Technologies reserves the right to temporarily suspend services for the purposes
of maintaining, repairing or upgrading its systems and network. Technology Based Consulting - Internet Technologies will use best efforts to notify you of pending
maintenance however at no time is Technology Based Consulting - Internet Technologies
under any obligation to inform you of such maintenance.
Indemnification
You will defend, indemnify and hold harmless Technology Based Consulting - Internet Technologies and its officers, directors, shareholders, employees,
consultants, agents, affiliates and suppliers from any and all threatened or actual
claims, demands, causes of action, suits, proceedings (formal or informal), losses,
damages, fines, penalties, liabilities, costs and expenses of any nature, including
attorneys' fees and court costs, sustained or incurred by or asserted against any
Indemnity by any person, firm, corporation, governmental authority, partnership or other
entity by reason of, or, arising out of, or, relating to: (i) your violation or breach of
any term, condition, representation or warranty of this Agreement or any applicable policy
or guideline; (ii) your conduct, including but not limited to your negligence, gross
negligence, or willful misconduct; (iii) your use of the Services, including any improper
or illegal uses; (iv) any claim by a former employee of yours whose employment has been or
may be terminated in connection with or as a result of the execution of this Agreement and
performance of the Services by Technology Based Consulting - Internet Technologies; or (v)
any claim relating to your services or products, including but not limited to advertising,
product liability claims or infringement of any trademark, copyright, patent, trade
secrets or non-proprietary right of a third party (including without limitation,
defamation, libel, or violation of privacy or publicity). |
