Contract Terms
(applies to web and/or DNS hosting services)This is an Agreement between the MegaWebHost.com customer, otherwise referred to in this document as "RENTER," and MegaWebHost.com, otherwise referred to in this document as "HOSTING PROVIDER."
Please read this agreement carefully before accessing or using the HOSTING PROVIDER internet site and services. By accessing or using these services, you are bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the internet site and services.
RENTER AGREES to pay fees as specified in the Agreement and to abide by reasonable rules and policies applicable to the rented Internet space.
RENEWAL. Rental services will automatically renew for a period identical to the current term at the end of the contract period and at the end of each subsequent renewal term. Either RENTER or HOSTING PROVIDER may cancel this renewal at any time up to seven days prior to the end of the current rental period. Notice of cancellation is required; such notice has to be received in our offices prior to or not later than seven days prior to the end of the current rental period.
TERMINATION. Either HOSTING PROVIDER or RENTER may terminate this agreement by providing 30 days written notice of termination. All unearned fees associated with the terminated agreement will be refunded to RENTER by HOSTING PROVIDER according to the following rules:
- No setup fees are refundable by HOSTING PROVIDER to RENTER in case of unilateral termination by RENTER.
- For yearly or discounted web hosting contracts terminated for less than the full contract duration, a pro rated amount based on the monthly rate, less any set up fees will be refunded if HOSTING PROVIDER is notified within 30 days of expected termination. No credit is given for time units less than one month.
- This refund policy does not apply to any additional services performed for accounts such as web content creation, additional customizations and setup for shopping carts, disk space, pop accounts, etc.
SERVICE DESCRIPTION. As an Internet World Wide Web service provider, HOSTING PROVIDER provides a server computer that is integrated into the Internet. This server computer will send and receive information as related to the World Wide Web. RENTER wishes to connect to and utilize the hardware and software facilities of HOSTING PROVIDER to establish an Internet web site.
SERVICE USAGE. RENTER hereby agrees that all domain names and any material submitted for publication by the HOSTING PROVIDER through RENTER's account(s) will not violate or infringe any copyright, trademark, trade secret, patent, statutory, or common law and will not contain anything libelous, harmful or anything leading to an abusive or unethical use of the HOSTING PROVIDER server(s) or web hosting product(s). Unacceptable materials and uses include, but are not limited to pornography, obscenity, nudity, violations of privacy, computer viruses, hacking ware, pirated software, and any harassing and harmful materials or uses. RENTER hereby agrees to indemnify and hold harmless the HOSTING PROVIDER for any claim resulting from RENTER's publication of materials or RENTER's use of those materials. We the HOSTING PROVIDER reserve the right to deactivate any and all RENTER's account(s) without warning for which the HOSTING PROVIDER decides is an abusive or unethical use of the virtual server account(s) or host server(s). HOSTING PROVIDER may charge a $50 deactivation fee if RENTER violation leads to an account deactivation or suspension. RENTER hereby agrees to indemnify and hold harmless the HOSTING PROVIDER for any claim resulting from this action should the situation arise. Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. HOSTING PROVIDER is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider that its customers may utilize. RENTER agrees to use only properly licensed third party software in connection with RENTER's use of the Services.
Use of distribution lists via unsolicited electronic mail (SPAM) or other mass electronic mailings (UCE) is strictly prohibited. HOSTING PROVIDER reserves the right to deactivate the RENTER's virtual server or Web hosting account(s) upon an indication of such activity without warning. RENTER hereby agrees to indemnify and hold harmless the HOSTING PROVIDER from any claim resulting from the RENTER's or another party's use of electronic mail service(s) on the RENTER's virtual server or Web hosting account(s). HOSTING PROVIDER reserves the right to charge a $50 deactivation fee, if RENTER's violation of HOSTING PROVIDER's anti-spamming policy leads to an account deactivation or suspension.
NO WARRANTIES. With respect to the service to be provided hereunder, RENTER acknowledges that HOSTING PROVIDER makes absolutely no warranties whatsoever, express or implied. This no warranty expressly includes any reimbursement for losses of income due to disruption of service by HOSTING PROVIDER or its providers beyond the fees paid by RENTER to HOSTING PROVIDER for services. While HOSTING PROVIDER shall make every reasonable effort to protect and backup data for RENTER on a regular basis, HOSTING PROVIDER is not responsible for RENTER's files residing on HOSTING PROVIDER web servers. RENTER is solely responsible for independent backup of data stored on HOSTING PROVIDER server and network. In no event will the HOSTING PROVIDER be liable for (I) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the Service, or any information, or transactions provided on the Service or downloaded or hyperlinked from the Service, even if the HOSTING PROVIDER or its authorized representatives have been advised of the possibility of such damages, or (II) any claim attributable to errors, omissions, or other inaccuracies in the Service and/or materials or information downloaded through, or hyperlinked from, the Service. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, the HOSTING PROVIDER's liability is limited to the greatest extent permitted by law.
RENTER also agrees that HOSTING PROVIDER shall not be liable to RENTER for any claims or damages which may be suffered by RENTER, including, but not limited to, losses or damages resulting from the loss of data as the result of delays, non-deliveries, or service interruptions caused by the fault or negligence of HOSTING PROVIDER. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the HOSTING PROVIDER or on the Internet generally. The HOSTING PROVIDER does not warrant that the Service will be uninterrupted or error-free or that defects in the Service will be corrected. The Service and any software made available on the Service are provided on an "as is, as available" basis.
TAXES. Client will pay and indemnify and hold the HOSTING PROVIDER harmless from any and all taxes associated with or arising from RENTER's use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.
INDEMNIFICATION. RENTER agrees to indemnify, defend and hold harmless the HOSTING PROVIDER, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by RENTER.
USE OF INFORMATION. The utilization of any data or information received by RENTER from the utilization of the service to be provided by HOSTING PROVIDER is at RENTER's sole and absolute risk. HOSTING PROVIDER specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the services to be provided hereby. You also understand that the HOSTING PROVIDER cannot and does not guarantee or warrant that files available for downloading through the Service will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Service for the reconstruction of any lost data. You assume total responsibility and risk for your use of the Service and the Internet.
DOMAIN NAME. If HOSTING PROVIDER shall acquire an Internet Domain Name on behalf of RENTER, then in such case RENTER hereby waives any and all claims which it may have against HOSTING PROVIDER, for any loss, damage, claim or expense arising out of or in relation to the registration of such Domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of the providing of this service by HOSTING PROVIDER for any reason.
SERVICE FEES AND INVOICING. All server and hosting contracts are automatically renewed for another term unless a written notice of cancellation has been given by either party at least 7 days in advance of the renewal date/anniversary date or end of billing period. If no correct notice of cancellation will be given, all contracts will automatically renewed for another term under the same conditions. If an account has been setup and the initial rent and setup fee is not paid, provider has the right to immediately close the account and to refuse service. If a credit card payment is declined by the RENTER's bank or if the rent is not paid on time HOSTING PROVIDER may charge a US $15.00 late fee. If RENTER disputes justified charges by HOSTING PROVIDER on his credit card, HOSTING PROVIDER has the right to charge a US $25 administration fee in addition to the regular late charge and immediately discontinue service without warning. Any service disconnection or suspension shall require a $20 re-connect fee.
ISP CHARGES: The RENTER understands and realizes that this contract does not provide dial-up or ISP (Internet Service Provider) services. The HOSTING PROVIDER provides its' own connection to the internet for the HOSTING PROVIDER's servers only.
MISCELLANEOUS. This Agreement shall all be governed and construed in accordance with the laws of the State of Texas applicable to agreements made and to be performed in Texas. You agree that any legal action or proceeding between the HOSTING PROVIDER and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Texas Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. The HOSTING PROVIDER's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. The HOSTING PROVIDER may assign its rights and duties under this Agreement to any party at any time without notice to you.
HEADINGS: Headings used in the agreement are for convenience only and shall not be used to interpret or construe its provisions.
CHANGES IN TERMS OF AGREEMENT. HOSTING PROVIDER reserves the right to make changes to the above terms and conditions of this agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. You agree to review the Agreement periodically to be aware of such modifications and your continued access or use of the Service shall be deemed your conclusive acceptance of the modified Agreement. Changes in fees will be announced giving thirty (30) days notice to RENTER, advising of the change and the effective date thereof, but with changes in monthly service fees being effective only at the end of the period for which RENTER has prepaid. Utilization of the service by the RENTER following the effective date of such change shall constitute acceptance by RENTER of such change(s).
ENTIRE AGREEMENT AND SEVERABILITY. This instrument constitutes the entire agreement between the parties, and represents the complete and entire understanding of the parties with respect to the subject matter of this agreement. This instrument supersedes any other agreement or understanding between the parties, whether written or oral. In the event that any term or provision of this instrument is held by a court of competent jurisdiction to be unenforceable, then the remaining provisions of this instrument and the agreement which it evidences, shall remain in full force and effect.
January, 2000 MegaWebHost.com L.L.P. TX