|
THIS
AGREEMENT made between Feedme2 Hosting.
(hereinafter "Feedme2") and "Subscriber")
WHEREAS,
Subscriber desires to retain Feedme2 for the purpose of hosting
Subscriber's web site, and;
WHEREAS, Feedme2 Possesses skill and expertise
to host Subscriber's web site;
NOW
THEREFORE, in consideration of the mutual covenants
and agreements herein contained, Feedme2 and Subscriber hereby
agree as follows:
1.
Feedme2 agrees to use host the Subscriber's web site for a
period of no less than 12 months. Feedme2 shall provide Subscriber
with access to the web site files for the purpose of permitting
Subscriber, from time to time, to update said files and web
site.
2.
HOSTING FEE: Feedme2 shall host the Subscriber's
web site for which Feedme2 will be compensated at a rate of
the choosen service, payable in advance, which compensation
is in addition to any other compensation referred to herein.
Such monthly Hosting fee shall remain in force during the
initial twelve (12) months of this agreement, and thereafter
subject to change upon thirty (30) days written notice to
the Subscriber.
3.
Upon execution of this agreement and hosting commenced Subscriber
is bound to the hosting contract for the minimum period of
twelve (12) months. Should Subscriber decide for any reason
to terminate the contract, prior to the expiration of the
twelve (12) month period, Subscriber will be immediately liable
for full payment of the remaining term. After the initial
twelve (12) months, either party, upon thirty (30) days written
notice may terminate this agreement.
4.
Payment will be charged to a Visa, MasterCard or American
Express Card only. Subscriber must provide the credit card
details in the attached form. "I Subscriber hereby authorize
Feedme2 to debit my charge account for the appropriate Fees
mentioned in this 12 Month Hosting Agreement." Subscriber
understands that NO REFUNDS or chargebacks for the services
contemplated herein, except as otherwise provided
in Sections below.
5.
Subscriber will be billed on the aniversary date of when the subscriber sign up each month.
6.
A late fee of $25 will be applied to any over-due charges
not received by the fifth day of the billing month.
7.
Payments not received by the 20th of the billing month may
be suspended upon the sole discretion of Feedme2. Any hosting
interruption will require a $45.00 reconnection fee prior
to resuming hosting. Feedme2 has a "zero-tolerance"
SPAM policy. Subscribers reported for sending unsolicited
email may have service suspended with no notice. If provider
denies subscriber access to the service under the provisions
of this section, neither subscriber nor its authorized users
shall have any right to access through provider's materials
stored on the internet, to obtain any credit(s) otherwise
due to subscriber, and such credit(s) will be forfeited, and
to access third-party services, merchandise or information
on the internet through provider. Further, in the event that
services is denied or cut-off pursuant to the provision herein,
provider shall have no responsibility to notify any third-party
providers of services, merchandise or information of such
action nor shall provider assume any responsibility for any
consequences from any lack of notification. Notwithstanding
the foregoing, provider reserves the right to terminate service
immediately and without any notice to subscriber in order
to maintain system integrity or to comply with any law, regulation,
court order or any other governmental request, and no liability
shall result therefrom on provider's behalf.
8.
Feedme2 goal is to make the Network available free of Network
Outages 100% of the time. A "Network Outage" is
an instance in which the customer is unable to transmit and
receive IP packets due to a Network (Feedme2 data center)
outage for more than 15 consecutive minutes, excluding outages
relating to Feedme2 scheduled maintenance and upgrades or
interruptions or degradations caused by access facilities,
Telco lines or hardware not specifically Provided by Feedme2.
A "Local Loop" failure is not a Network Outage.
9.
Upon customer request, Feedme2 will issue a credit to Subscriber
for Network Outages occurring during any calendar month that
are reported by Subscriber to Feedme2 and confirmed by Feedme2
measurements of the Feedme2 Network. Such credit will be equal
to one hour of the IP access fee paid by Subscriber. Subscriber
will not be entitled to more than one days worth of credit
for Network Outages in a given day.
10.
Subscriber shall not receive any credits under this contract
in connection with any failure or deficiency of the Feedme2
Network caused by or associated with: (A) circumstances beyond
Feedme2 reasonable control, including, without limitation,
acts of any governmental body, war, insurrection, sabotage,
embargo, fire, flood, strike or other labor disturbance, interruption
of or delay in transportation, unavailability of or interruption
or delay in telecommunications or third party services, failure
of third party software or inability to obtain raw materials,
supplies, or power used in or equipment needed for provision
of the Service Level Agreement; (B) failure of access circuits
to the Feedme2 Network, unless such failure is caused solely
by Feedme2; (C)general telco failure; (D) scheduled maintenance;
(E) DNS issues outside the direct control of Feedme2; (F)
outage or error of any Feedme2 measurement system; (G) Subscriber's
acts or omissions, including without limitation, Subscriber's
failure to pay for any services contemplated hereunder, or
any negligence, willful misconduct, or use of the Feedme2
Network or Feedme2 services in breach by Subscriber or others
authorized by Subscriber of Feedme2 Terms and Conditions and
Acceptable Use Policy, (which may be updated or revised from
time to time).
11.
Requests for credits must be made via email to the Feedme2
Customer Service Center at web@feedme2.com. Each request in
connection with a Network Outage must be received by Feedme2
within seven days of the Network Outage. Notwithstanding anything
in this contract to the contrary, the total amount credited
to a Subscriber in connection with Network Outages, and Average
Packet Loss in any calendar month will not exceed the base
hosting fee paid by Subscriber for such month. Each validly
requested credit will be applied to a Subscriber invoice within
2 billing cycles after Feedme2 receipt of such request. Credits
are exclusive of any applicable taxes charged to Subscriber
or collected by Feedme2.
12.
The Feedme2 Network may be used only for lawful purposes.
Transmission, distribution or storage of any material in violation
of any applicable law or regulation is prohibited. This includes,
without limitation, the uploading or transmission of any third-party
material protected by copyright, trademark, trade secret or
other intellectual property right used without authorization,
and/or material that is obscene, defamatory, constitutes an
illegal threat, or violates export control laws.
13.
Violations of system or network security are prohibited, and
may result in criminal and civil liability. Feedme2 will investigate
incidents involving such violations and may involve and will
cooperate with law enforcement if a criminal violation is
suspected. Examples of system or network security violations
include, without limitation, the following: (A) Unauthorized
access to or use of data, systems or networks, including any
attempt to probe, scan or test the vulnerability of a system
or network or to breach security or authentication measures
without express authorization of the owner of the system or
network. (B) Unauthorized monitoring of data or traffic on
any network or system without express authorization of the
owner of the system or network. Interference with service
to any user, host or network including, without limitation,
mailbombing, flooding, deliberate attempts to overload a system
and broadcast attacks. (C) Forging of any TCP-IP packet header
or any part of the header information in an email or a newsgroup
posting.
14.
Sending unsolicited mail messages, including, without
limitation, commercial advertising and informational announcements,
is explicitly prohibited. A user shall not use another site's
mail server to relay mail without the express permission of
the site. Posting the same or similar message to multiple
newsgroups or Internet user (excessive cross-posting or multiple-posting,
also known as "SPAM") is explicitly prohibited.
INDIRECT OR ATTEMPTED VIOLATIONS OF THE POLICY, AND ACTUAL
OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF A SUBSCRIBER
OR A SUBSCRIBER'S END USER, SHALL BE CONSIDERED VIOLATIONS
OF THE POLICY BY SUCH SUBSCRIBER OR END USER.
15.
Rights and obligations; disclaimer of warranties Provider
shall operate and maintain the service subject to the limitations
provided herein of this agreement. If data from any source
leaves the provider and enters any other network, that data
must follow the acceptable use rules of the entered network
(including member networks, regional of backbone networks).
It is the responsibility of the subscriber where this traffic
entered the provider to adhere to this requirement. Provider
does not exercise any control whatsoever over the content
of the information passing through provider's network. Any
traffic which is disruptive or destructive of any source is
prohibited.
16.
Under no circumstances shall Feedme2, (or its shareholders,
directors, officers, affiliates, employees), agents, representatives
or their employees, or contractors be liable for any direct,
indirect, incidental, special, consequential or punitive damages
that result in any way from subscriber's use of or inability
to use the service or to access the internet or any part thereof,
or subscriber's reliance on or through the service, or that
result from mistakes, omissions, interruptions, deletion of
files, errors, defects, delays in operation or transmission,
or any failure of performance. Further, Feedme2 shall not
be liable or at fault for any failure to perform or any delay
in the performance of its obligations hereunder if such failures
or delays in that performance of said obligations are due
to strikes, compliance with applicable law, inclement weather,
acts of god or government, strikes, local exchange carriers'
or competitive access providers' disconnection, shut down
or otherwise denial of access by provider's upstream, or any
other factor or event beyond its reasonable control, foreseeable
or unforeseeable.
17.
Indemnification: Subscriber agrees to defend, indemnify
and hold provider, its directors, shareholders, affiliates,
employees, representatives, agents, and contractors harmless
from any and all liabilities, costs, expenses, including reasonable
attorney's fees, related to or arising from: (a) the use of
the service or the internet or the placement or transmission
of any message, information, software, or other materials
on the internet by subscriber, and/or subscriber's authorized
users; (b) negligent acts or omissions of subscriber's officers,
employees, representatives, agents or contractors in connection
with the construction, installation, maintenance, presence,
use or removal of systems, channels or terminal equipment
or software not provided by provider which are connected or
are to be connected to the service; (c) claims for infringement
of patents arising from the use of equipment and software,
apparatus and systems not provided by provider in connection
with the service, and (d) claims of copyright resulting from
the use of internet and/or subscriber's authorized users.
18.
This agreement contains the entire understanding of the parties
hereto with respect to the subject matter hereof and supersedes
all previous written or oral agreement between the parties
with respect to the subject matter set forth herein.
19.
Any dispute or controversy arising out of or relating to this
Agreement, its construction or its actual or alleged breach
shall be brought exclusively within the jurisdiction of the
Courts within the County of Orange, California. The parties
hereto hereby agree to such exclusive jurisdiction.
IN
WITNESS WHEREOF, the parties have executed this hosting agreement.
|
|