|
Service
Agreement for Data Storage and Transfer and related Services
(Please
Print and Save a copy for your records)
The following
agreement is between Port City Hosting, LLC, a subsidiary of Port City Web, LLC of 500 Market Street, Suite 1E, Portsmouth, NH 03801 ("PCW") and You ("client")
WHEREAS,
PCW is a website development and information provider connected to the Internet. PCW offers storage
and transfer services over the Internet through access to its Web Servers and offers other related services;
WHEREAS,
Client seeks to utilize PCW's server(s) and services for its own purposes;
WHEREAS,
the parties acknowledge that the Internet is neither owned nor controlled
by any one entity; therefore, PCW can make no guarantee that any given
reader shall be able to access PCW's server(s) and services at any given time. PCW represents
that it shall make every good faith effort to ensure that its server(s) and services
are available as widely as possible and with as little service interruption
as possible;
NOW THEREFORE,
in consideration of the mutual promises contained herein, the parties
agree as follows;
I. Financial
Arrangements:
1. Client
agrees to a minimum one (1) month contract, beginning upon
PCW's receipt of payment for the first (1) month of service.
2.
First (1) months payment plus setup charges, if any, shall be due in
advance of service.
3. This
agreement will automatically renew for successive periods consistent with the last invoiced period unless canceled in writing 10 days prior to the
renewal date. Written notice may be by postal, the PCW website form, email or fax transmission. Confirmation that your request to cancel has been received by PCW will be sent to client. If client does not receive confirmation from PCW, then PCW has not received client's request for cancellation.
Renewal prices are subject to change. Renewal of services by Client
indicates agreement to any Contract revisions.
4. 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. Payments may also be made by check. Returned checks
are subject to a $25.00 returned check fee.
5. Accounts
that have unpaid invoices more than 30 days past the renewal date will
be suspended without notice until the account is brought
current. PCW reserves the right to terminate the account and
delete the files. PCW reserves the right to apply a $15.00 reconnection
fee to all suspended accounts. Suspension does NOT release client
of the responsibility for payment of the account and monies due.
6. Cancelled accounts (wether by PCW or client) will not be refunded a full credit or pro-rated credit for any unused portion of hosting or other services that have been paid for, unless the cancellation occurred due to poor performance on the part of PCW and within the first 30 days of the account being established. Poor performance is considered uptime of less than 90% and must be documented by client. Client must notify PCW within 12 hours of any possible performance issues so that PCW can determine wether or not the performance issue is with PCW or the client. Client acknowledges that PCW will make the final determination as to wether the performance issue is the responsibility of PCW or the client.
7. Overage fees for disk storage that is in excess of client's hosting plan will be asses on the next invoice at a rate of $5 per every 100 Megs of disk space that is exceeded. Customers may avoid this fee by not exceeding their hosting plan maximum disk space, or by contacting PCW to change their hosting plan to an appropriate level. Accounts will be audited at random each month to ensure compliance and to asses fees.
8. Overage fees for SQL Server space that is in excess of client's hosting plan will be asses on the next invoice at a rate of $5 per every 100 Megs of disk space that is exceeded. Customers may avoid this fee by not exceeding their hosting plan's maximum SQL Server storage space, or by contacting PCW to change their hosting plan to an appropriate level. Accounts will be audited at random each month to ensure compliance and to asses fees.
II. Taxes:
PCW shall not
be liable for any taxes or other fees to be paid in accordance with or
related to purchases made from Client or PCW'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:
PCW 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. PCW will not host any material
that is judged as pornographic in content. Please contact PCW if uncertain
of the nature of your content. PCW makes no warranties or representations
of any kind, whether expressed or implied for the service it is providing.
PCW also disclaims any warranty of merchantability or fitness for particular
purpose and will not be responsible for any damages that may be suffered
by the Client, including loss of data resulting from delays, non-deliveries
or service interruptions by any cause or errors or omissions of the Client.
Use of any information obtained by way of PCW is at the Client's own risk,
and PCW specifically denies any responsibility for the accuracy or quality
of information obtained through its services. Connection speed represents
the speed of a connection to and does not represent guarantees of available
end to end bandwidth. PCW expressly limits its damages to the Client for
any non-accessibility time or other down time to the pro-rata monthly
charge during the system unavailability. PCW specifically denies any responsibilities
for any damages arising as a consequence of such unavailability.
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 Client
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 PCW may not be used to impersonate another person
or misrepresent authorization to act on behalf of others or PCW. All messages
transmitted via PCW 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.
PCW does
not permit :
1)The transmission
of unsolicited bulk e-mail ("UBE") or unsolicited commercial
e-mail ("UCE") (collectively known as spam) nor do we permit
the use, sale, or development of software that intentionally hides or
alters the origin of the sender.
2) The
transmission of unsolicited bulk email thru a 3rd party where a website
hosted on PCW servers is referenced.
3) Maintaining an open SMTP Relay
4) Advertising, transmitting, or otherwise making available any software, program,
product, or service that is designed primarily to assist or facilitate
in the transmission of UBE/UCE including:
- the
facilitation of the sending of spam -
the sale, offer to sell, advertisement or distribution of spamware and
- the initiation of pinging, flooding, mailbombing, denial of service
attacks, and piracy of software
5) the sale of bulk e-mailing lists containing unauthorized and/or
unconfirmed e-mail addresses and
6) the sale of other spam-friendly material
For purposes of this
agreement, "spamware" means and includeds software, hardware, databses,
lists, or services primarily designed or marketed to facilitate the
sending of spam. Spamware may attempt to hide the sender, falsify e-mail
header (origin) information, or disguise URL's to obstruct
identification of web sites advertised by spam. Spamware may also
include technology or other services designed to circumvent spam
filters.
Complaints or allegations regarding any abuse of e-mail and/or the
distribution of such software will be investigated. If it is found that
the client has engaged in actions prohibited above, a warning to cease
and desist will be issued. Subsequent violations will result in
suspension and/or termination of the account without refund of service
fees.
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. PCW reserves
the right to delete those files.
VII.
Privacy:
PCW will make
every effort to protect the privacy of PCW's clients. PCW will not
reveal personal information regarding its clients. PCW cannot however protect
privacy through the Internic registration database as this information
is open to the public.
VIII.
Termination:
This Agreement
may be terminated by either party, without cause, by giving the other
party 30 days written notice. Written notice may be by postal, PCW form
or fax transmission. PCW reserves the right to verify all cancellations
before terminating service. Notwithstanding the above, PCW may terminate
service under this Agreement at any time, without penalty, if the Client
fails to comply with the terms of this Agreement.
IX. Limited
Liability:
1. Client
expressly agrees that use of PCW's Server is at Client's sole risk. Neither
PCW, its employees, affiliates, agents, third party information providers,
merchants licensers or the like, warrant that PCW's Server service will
not be interrupted or error free; nor do they make any warranty as to
the results that may be obtained from the use of the Server service or
as to the accuracy, reliability or content of any information service
or merchandise contained in or provided through the PCW Server service,
unless otherwise expressly stated in this Agreement.
2. Under
no circumstances, including negligence, shall PCW, its offices, agents
or any one else involved in creating, producing or distributing PCW's
Server service be liable for any direct, indirect, incidental, special
or consequential damages that result from the use of or inability to
use the PCW Server service; or that results from mistakes, omissions,
interruptions, deletion of files, errors, defects, delays in operation,
or transmission or any failure of performance,whether or not limited
to acts of God, communication failure, theft,destruction or unauthorized
access to PCW's records, programs or services. Client hereby acknowledges
that this paragraph shall apply to all content on PCW's Server service.
3. Notwithstanding
the above, Client's exclusive remedies for all damages, losses and causes
of actions whether in contract, tort including negligence or otherwise,
shall not exceed the aggregate dollar amount which Client paid during
the term of this Agreement and any reasonable attorney's fee and court
costs.
X.
Lawful Purpose:
Client may
only use PCW's Server for lawful purpose. Transmission of any material
in violation of any Federal, State or Local regulation is prohibited.
This includes, but is not limited to copyrighted material, material legally
judged or judged in our reasonable opinion to be threatening or obscene,
pornographic, profane, or material protected by trade secrets.
XI. Indemnification:
Client agrees
that it shall defend, indemnify, save and hold PCW harmless from any and
all demands, liabilities, losses, costs and claims, including reasonable
attorneys' fees, ("Liabilities") asserted against PCW, its agents, its
customers, servants, officers and employees, that may arise or result
from any service provided or performed or agreed to be performed or any
product sold by Client, its agents, employees or assigns. Client agrees
to defend, indemnify and hold harmless PCW against Liabilities arising
out of (i) any injury to person or property caused by any products sold
or otherwise distributed in connection with PCW's Server; (ii) any material
supplied by Client infringing or allegedly infringing on the proprietary
rights of a third party; (iii) copyright infringement and (iv) any defective
product which Client sold on PCW Server.
XII.
Contract Revisions:
Revisions
to this Contract will be applicable to previous Contracts. Revisions will
be considered agreed to by the Client on renewal of Port City Web,
LLC services as specified in Section I. Financial Arrangements.
XIII.
Value Added Reselling:
Clients approved
and authorized as PCW resellers are allowed to resell the storage and
transfer services provided by PCW as provided for in its standard product
offering. Client agrees to handle and is responsible for all third-party
client's content, support, set-up, maintenance and billing. Client agrees
to having the necessary additional knowledge and skill level required.
Client also agrees that they are responsible for all payments for accounts
brought on by client under the reseller program.
XIV.
Email accounts and log files:
Disk usage for email accounts does not count toward the total web hosting disk usage. Client is only allowed the number of email accounts that are specified in their hosting plan. PCW reserves the right to take actions to reduce the size of email accounts that include, but are not limited to, the deletion of emails over 15 days old. It is the responsibility of client to download email and save it locally. If client requests that email be restored from backup, PCW will charge customer a minimum fee of $100.
PCW will, at its own discretion, archive and/or delete log files that are more than 15 days old. It is the responsibility of the client to download and archive client log files. If a client requests that log files be restored from backup, PCW will charge a customer a minimum fee of $100.
XV.
Backups:
PCW regularly performs industry standard backups of data on it's servers. This data is intended to be used to restore files in the case of a server crashing. PCW makes no guarantee as to the integrity of the backup and the data within the backup. Clients who request that data be recovered from a backup file will be charged a minimum fee of $100 to extract the data from the backup files.
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 United States of America and the State of New Hampshire.
REV 1.2.8
3/14/2008 |
Home
Login
