Cloud IaaS Services Agreement — BroadAspect

Customer may terminate this Agreement for any reason or no reason at all by providing Clarity notice of termination. (POP3, IMAP, webmail) to the customer. Customer shall defend Web Refinements LLC against any third party claim, action, suit or proceeding arising as a result of Customer's use Web Refinements LLC’s hardware or services and indemnify Web Refinements LLC for all losses, damages, expenses, and costs incurred by Web Refinements LLC as a result of a final judgment entered against Web Refinements LLC in any such claim, action, suit or proceeding. The terms of this Indemnification Section shall survive any termination of this Agreement.

  • Fee increases will be capped at a 10% increase in the base cost annually for the first three years of this contract.
  • Clarity uses industry standard practices to secure and protect stored files, email messages, FTP site files, offsite storage and backup data, logs, database content and any other data stored for support of the Service.
  • Effect of Termination.
  • You acknowledge and agree that your use of ManageWP is subject to the terms of service located here, which are hereby incorporated by reference.
  • “Client Portal” means Hostway|HOSTING’s online portal or interface tool (known as Sitecontrol™, Client Portal™, or such other account management tool as Hostway may designate) for Client to manage the Client Account and associated Hostway|HOSTING Services.

You shall be solely responsible for providing, updating, uploading and maintaining your website or server and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through your website or server including, but not limited to, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. No waiver of any provision of this Agreement will be deemed or will constitute a waiver of any other provision, nor will any such waiver constitute a continuing waiver unless expressly provided. Any and all court proceedings regarding this web hosting agreement will take place at said state with travel expenses not being reimbursed for either party. We reserve the right to revoke any credit extended if payment is in arrears for more than 30 days. All domain store purchases are paid in U. There should be warranties and reimbursements for the benefit of the host in consideration of illicit content. Website backups will be stored by iQWeb Solutions for no longer than 30 days. Provider acknowledges that there are, and may be, future rights that Customer may otherwise become entitled to with respect to the Work Product that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed, and Provider specifically intends the foregoing assignment of rights to Contractor to include all such now known or unknown uses, media and forms of exploitation throughout the universe.

In addition, at no cost to Customer, Provider shall: In the event of a conflict between the terms of this Agreement and a Change Order, the terms of this Agreement shall govern. We will update our document templates from time to time, but this will not affect your document instances. Bandwidth and storage beyond this limit will be automatically upgraded to the next service plan by additional increments of 30/month for an additional 100,000MB of monthly transfer and additional 5,000MB of Storage. Client understands and agrees that, as a part of providing the Hostway|HOSTING Services, such Affiliates, Third Party Vendors, or other subcontractors, may require access to Client’s systems or Client Data, either within the Hostway|HOSTING Systems or in another data center or with another service provider, and Client expressly acknowledges and consents to such access. Client must be at least 18 years of age or the age of majority in the state, province, or country of Client’s residence in order to agree to this MSA and submit an Order Form. Browser or DNS caching that make access to your account appear inaccessible when others can still access it. Moreover, Client shall be entitled to all upgrades to Vendor’s platform with no licensing fees.

INDEMNIFICATION: Customer may permit subsidiary and affiliated companies to use Services, and Customer is responsible for acts and/or omissions of any and all third party users. If the Order Form includes Hostway|HOSTING Services that are billed based on usage, then Client’s Service Fees will vary accordingly in each Billing Cycle depending on Client’s actual usage. As used in this Agreement, “Customer Confidential Information” means all nonpublic information disclosed by Customer or its partners, agents or contractors that is designated as confidential or that, given the nature of the information or circumstances surrounding its disclosure, reasonably should be understood to be confidential.

If you elect to use our WP Premium Support Services (either as a subscription or as a one-time Service), we reserve the right to charge any or all of the fees for such Services prior to the commencement of any work being performed.

Disputes

Of course, any sample agreement cannot provide legal guidance. VENDOR DOES NOT WARRANT THAT THE PROVIDED SOFTWARE OR SERVICE IS WITHOUT DEFECT OR ERROR OR THAT THE OPERATION OF LICENSED SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. 6 The Host may, after the Initial Period and on giving thirty (30) days notice in writing, change the Service Fee amount charged by this Agreement. Comprehensive general liability insurance and broad form contractual insurance (including automobile liability insurance and broad form contractual coverage) with minimum limits of $1,000,000 combined single limit per occurrence, protecting Provider and Customer from claims for loss or damage to property or loss, damage or liability for injury or death to persons occurring from any cause whosoever that may arise from or in connection with the performance of Provider’s services under this Agreement or from or out of any negligent act of omission of Provider, its officers, directors and employees; and worker’s compensation insurance as required by applicable law. The following services do NOT qualify for the 30-day money back guarantee: Client’s Responsibilities. Clarity may suspend the Service and/or terminate this Agreement thirty (60) days following our provision of notice to Customer in accordance with the notice provision set forth in Section 12 below in the case that Clarity decides, in its sole discretion, to discontinue the type of service used by Customer on a general basis. In consideration of Client’s timely payment of all Service Fees, and subject to Client’s compliance with this MSA, including all applicable Supplemental Terms, Hostway|HOSTING will provide to Client the Hostway|HOSTING Services as described in the Order Form.

H2 Wellness Contract: 1 If the client’s website has a CMS (Content Management System) such as WordPress, Magento, or other CMS, the client should at all-time keep his CMS version up to date within 3 weeks of the new version of the CMS being available or of any security patch being released. You are a Web Hosting company offering web hosting services to other companies. 2 - Severability and Waiver. Customer shall have 30 days to review and evaluate the Work Product (the “Acceptance Period”) to assess whether it meets the Specifications and meets industry standards for professional, technical and artistic quality. 4 Site Backup.

3 Where the Client places or installs their own Client Content on the Host’s Server, the Client is responsible for ensuring that they have secured all necessary licences required for the performance by the Host of its obligations under this Agreement and for the period during which the use of those rights by the Host pursuant to this Agreement is required.

Web Maintenance Agreements

Accounts 14 days past due are subject to account termination and deletion without the possibility of reactivation. Either enter the requisite details in the highlighted fields or adjust the wording to suit your purposes. 1 All other defined terms not listed in this section are defined in their respective sections below or in the applicable Supplemental Terms and apply to the MSA as a whole (and not limited to the section the term is defined in). For instance, all hosting companies need to be protect themselves from the abuse of hosting facilities by customers. Arcustech will use commercially reasonable efforts and industry accepted methods to ensure the reliability of the backup and restore process. Support services providers range from small businesses serving a small business client base, to large scale suppliers of remote support for the consumer and SME market, to specialist consultancies supporting the bespoke systems of major institutions. All of the template contracts include provisions relating to: Upon non-payment by Client beyond 45 days of any fees due to Vendor, Vendor may, at its discretion and without delay, upon immediate notice to Client, disconnect and otherwise cause to be inaccessible the Client’s Program and all Subscriber websites.

Disclaimer of Warranties.

Other than the use expressly set forth in this Agreement, Clarity reserves all rights to the Service and technology, systems, processes and procedures used in providing the Service. The fees and charges set forth in this Agreement are fixed for the initial term of this Agreement, and shall be alterable only with the mutual written agreement of both Parties. Either party may terminate this agreement with immediate effect by delivering notice of the termination to the other party, if the other party fails to perform, has made or makes any inaccuracy in, or otherwise materially breaches, any of its obligations, covenants, or representations, and the failure, inaccuracy, or breach continues for a period of [BREACH CONTINUATION DAYS] Business Days' after the injured party delivers notice to the breaching party reasonably detailing the breach. Invoices are due upon receipt, unless otherwise stated. Client takes full responsibility for any content (including, without limitation, any graphics, audio, copy text, video, images, and trademarks) provided to the Company to be used in this project. 95 will be charged to the Client Account if Hostway restores Client Data to the Client Account as part of the reactivation. The plugin allows us to access, automate updates to core files, other plugins, themes, and other files related to the maintenance of your site. You can't depend on an email chain as proof of an agreement.

The terms on Customer’s purchase order or other business forms are not binding on Sobek Digital unless they are expressly incorporated into a formal written agreement signed by both parties.

The AUP and Privacy Policy are hereby incorporated into this Agreement, and both parties will adhere to each. Arcustech will provide support only to you, not to any other person you authorize to use the Services. Under no circumstances will Hostway|HOSTING be liable to Client for any consequential, indirect, special, general, incidental, reliance, exemplary, or punitive damages arising out of or relating to this MSA or the Hostway|HOSTING Services, whether foreseeable or not, and whether based on breach of any express or implied warranty, breach of contract, misrepresentation, negligence, strict liability in tort, or other cause of action (including damages for loss of data, goodwill, reputation, business, money, or opportunity), even if Hostway|HOSTING has been advised of the possibility of such damages. As the notice provisions set forth do not guarantee delivery of notification, it is Customer’s responsibility to check the Clarity website periodically for changes to this Agreement and the AUP.

Server Agreement

We, in our sole discretion, reserve the right to refuse Service within ninety (90) calendar days from receipt of your payment for such services. Topics menu, my experiences with 3essentials. In addition to Client’s indemnification obligations under this MSA, Client will further indemnify Hostway|HOSTING (including Hostway|HOSTING’s Representatives) from and against any Claims against Hostway|HOSTING or Losses incurred by Hostway|HOSTING that result from: If you purchase MS SQL or Managed Backups, you hereby authorize us to log into your server for purposes of installing and configuring the MS SQL or Managed Backups.

Samples of Our Hosting Agreement Templates

Clarity is not liable for logs or statistical reports not retrieved by Customer prior to periodic deletion. Hostway|HOSTING reserves the right to physically access the Hostway|HOSTING Systems at any time, including any computer servers and other hardware licensed to Client as part of the Hostway|HOSTING Services. CLIENT AGREES TO PAY UPON CANCELLATION OR TERMINATION OF THIS AGREEMENT OR ANY ORDER, THE AMOUNT OF ANY CANCELLATION FEES OR OTHER AMOUNTS DUE TO THE COMPANY AS PROVIDED IN THE ORDER. 5 Client Responsibility regarding Back-ups: We will alert customers when to take action via the product dashboard and email. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect. However, Vendor is specifically not responsible for unintentional damages or loss, either incidental or direct, caused by a loss of Subscriber or Client information. Each time Client wishes to communicate with Hostway|HOSTING about the Client Account or Client Data, Client will abide by Hostway|HOSTING’s then-current security measures and identification verification processes, including answering identification verification questions over the phone and submitting a proof of identity form.

[PARTY B] hereby grants to [PARTY A] a non-exclusive, non-transferable, non-sublicensable, world-wide, and royalty-free license to use [PARTY B]'s pre-existing Intellectual Property solely for the purpose of providing the [DELIVERABLE].

What are the Different Types of Hosting?

Arcustech reserves the right, in our sole discretion, to terminate your access to all or any part of the Services at any time, with or without notice, effective immediately, including but not limited to as a result of your violation of any of these Terms of Service or any law, or if you misuse system resources, such as, by employing programs that consume excessive network capacity, CPU cycles, or disk IO. Customer expressly acknowledges and agrees that all use of the services is at customer's sole risk. The client can hire iQWeb at an additional cost if they require assistance in getting the website designed, fixed or updated. Hostway|HOSTING will be the sole arbiter of what is considered to be a high server usage level. .84/mo*, you have to submit an application that will be reviewed by the technical team before getting back to you. The plans are also limited to no more than 1,000 tables per database and no more than one gigabyte of storage per database. This also includes encrypting any PII transmitted to or from, or stored on, the Arcustech servers or storage devices you use.

In the event Client fails to deliver content, information, images, directional notes, approvals or other required information to the Company by more than five (5) business days after the dates specified in the project timeline set forth in the Order, subsequent deadlines may be postponed for lengthier durations due to the Company work personnel reallocation and rescheduling. Featured articles, you can share images on facebook profiles easily. You agree that we will not be liable for any loss of registration and use of your domain name(s), or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. Both parties agree to submit to personal jurisdiction in Lake County, Ohio, and further agree that any cause of action or dispute arising under this Agreement will be litigated or arbitrated in Lake County, Ohio, United States of America. Furthermore, Client can at any time in the next 5 years migrate to Vendor’s then current platform (currently Unity) with no licensing fees ever (except fees outlined in Exhibit D), but Client shall pay Vendor for the costs of the migration and all custom development associated with the migration. Ownership of Intellectual Property. A party’s waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. 1 “Force Majeure” means anything outside the reasonable control of a party, including but not limited to, acts of God, fire, storm, flood, earthquake, explosion, accident, acts of the public enemy, war, insurrection, sabotage, epidemic, quarantine restriction, labour dispute, labour shortage, power shortage, transportation embargo, failure or delay in transportation, including without limitation where the Host’s Hosting Service ceases to be entitled to access the Internet or ceases to have access to the Internet for whatever reason, any act or omission (including laws, regulations, disapprovals or failures to approve) of any government or government agency. Proprietary information exchanged here under shall be treated as such by Client.

Confidential Information

Fees are payable in advance annually on the first day of each billing cycle. Customer also agrees to take full responsibility for all taxes and fees of any nature associated with any such products sold. We reserve the right and sole discretion to determine whether the sale of any particular item is illegal or otherwise prohibited and cancel your Services. It is the responsibility of the customer to maintain accurate billing information with Web Refinements LLC. You acknowledge and understand that important service limitations (including bandwidth limitations and other capacity matrices), pricing (including pricing for optional Services, such as automatic capacity upgrade in the event of overage), the term of the Service, payment terms, and other conditions relating to the Services are conveyed through the Services Interface and are hereby incorporated into this Agreement. The initial Domain Name is specified in Exhibit A.

BroadAspect may amend the Services and/or the Service Fees associated with any of the Services at any time and from time to time without notice to you. YOUR FAILURE TO PROVIDE SUCH ASSURANCES MAY BE CONSIDERED A BREACH OF THIS AGREEMENT BY YOU. WordPress Hosting may only be used to host a WordPress website.

Credits can only be used towards future billing charges. Do not modify or alter the marks or use them in a confusing way, including suggesting sponsorship or endorsement by Arcustech, or in a way that confuses Arcustech with another brand. Other than the rights and interests expressly set forth in this Agreement, Customer reserves all rights, titles and interest (including all intellectual property and proprietary rights) in and to data stored in support of the Service, including but not limited to web site files, email messages, FTP site files, offsite storage and backup data, logs, and database content. THIS AGREEMENT is made on <>. Prior to accepting to provide the Hosting Services set out in section 2, MageMontreal will analyze Client’s Web Site to ensure that it meets the criteria (the “Criteria”) needed for it to properly provide the Hosting Services.

Related Documents

Customer shall have sole control over the Content. SOBEK DIGITAL DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. Customer agrees to defend, indemnify and hold harmless BroadAspect against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with BroadAspect; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from BroadAspect’s server. Under the customer responsibilities clause included with this template, the customer undertakes to give the service provider access to the supported site or application, and to give to the service provider "all other co-operation, information and documentation" that is reasonably required. If either party becomes insolvent, bankrupt, or enters receivership, dissolution, or liquidation, [PARTY A] may terminate this agreement with immediate effect. THE PARTIES AGREE THAT (A) THE LIMITED WARRANTY SET FORTH IN THIS SECTION IS THE SOLE AND EXCLUSIVE WARRANTY PROVIDED BY THE COMPANY, AND (B) THE COMPANY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THIS AGREEMENT, PERFORMANCE OR INABILITY TO PERFORM UNDER THIS AGREEMENT, ANY ORDER OR ANY CHANGE ORDER.

Client is solely responsible, and Hostway|HOSTING is not responsible, for the activities of any End User and for the activities of Client’s resellers and customers. If the source of the problem is within the control of Vendor, Vendor will remedy the SAI or provide an estimate of repair within 120 minutes. Specifically by way of example and not as a limitation, you shall not use the Hosting Services as: “Business Day” (or “business day”) means the period from 8:

Once an SAI is reported to Client and upon the request of Vendor, Client shall assist in efforts to investigate and diagnose the SAI. Client understands, acknowledges and agrees that (i) the Company is not HIPAA compliant, (ii) Client is solely responsible for any and all applicable compliance with federal and/or state laws governing the privacy and security of personal data, including, without limitation, any past, present or future physical or mental health information of any individual or other sensitive data (“Health Information”), (iii) the Services are not be appropriate for the storage of, or control of access to, any Health Information, and (iv) the Company does not control or monitor the information or data Client stores on, or transmit through, the Services or its website. Either party may terminate this agreement upon ten (10) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations. YOU AGREE TO RELEASE, INDEMNIFY, AND HOLD US, OUR CONTRACTORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS AND AFFILIATES HARMLESS FROM ALL LIABILITIES, CLAIMS AND EXPENSES, INCLUDING ATTORNEY'S FEES AND COURT COSTS, FOR THIRD PARTY CLAIMS RELATING TO YOUR USE OF THE SERVICES OR ARISING UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, INFRINGEMENT BY YOU OR SOMEONE ELSE USING YOUR COMPUTER, OF ANY INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHT OF ANY PERSON OR ENTITY, OR FROM THE VIOLATION OF ANY TERM OR CONDITION OF THIS AGREEMENT. You will have administrator (root) access and a dedicated IP address. You agree that, by continuing to use the Service following notice of any revision to this Agreement or change in service, you shall abide by any such revisions or changes.

However, for a small charge, Hostway|HOSTING may provide Client with Java chat rooms.

Sample Server Hosting Agreement

To view the Enterprise Supplemental Terms, please click the following link: Customer’s “Confidential Information” are any passwords used in connection with the Website (or the Shadow Site), all Server Logs, all Work Product and documents related to the Work Product, any Content which Customer designates as confidential, and any other materials of Customer which Customer designates as confidential or which Provider should reasonably believe to be confidential. All of our paid licences allow you to sub-license to a client of yours the right to use a document created using Docular. Credit is only applicable to the specific service on the overall account that was below 99. The credit may be used only for the purchase of further products and services from us, and is exclusive of any applicable taxes.

This portion of the web hosting agreement template allows both parties to esign the agreement without the need to print or mail any portion of the document. Client will pay the Service Fees via the payment method indicated in the Order Form, which will be selected from one of the following: CUSTOMER AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND CLARITY’S ACCEPTABLE USE POLICY ("AUP") AS POSTED AT WWW. Cost will be Amount per year and includes the following: Non-Disclosure.

Customers

You agree to release, indemnify, and hold us, our contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney’s fees, from claims by third parties, including but not limited to events relating to or arising under this Agreement, the Services provided hereunder or your use of the Services, including without limitation infringement by you, or someone else using the Service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the service(s) provided. This information shall include, but not be limited to, the provisions of this Agreement, product and services information and pricing. Track your improvement with statcounter, – Monitor the health and performance of your server and application on 1-click. Once the client fills up the signup form and makes the payment, the requested domain will be submitted for registration. VENDOR DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

CLARITY IS A DISTRIBUTOR AND NOT A PUBLISHER OF THE CONTENT SUPPLIED BY CUSTOMER; AS SUCH, CLARITY EXERCISES NO EDITORIAL CONTROL OVER SUCH CONTENT.

You acknowledge and agree that installing a Configuration Add-On will use some of your available storage, may require additional provisioning time, will require us to install Third Party Software (defined below), third party hardware or internally developed custom software to your server, and, in some cases, may limit the versions of Third Party Software available for use with your server. Specifically, but without limitation, the Client must comply with the Act as it relates to personal data the Client stores or transfers using the Hosting Service. No contents shall falsely represent client’s products and/or services.

And if you're a site owner looking for a web host? Burden of Proof. There are no third party beneficiaries to the Agreement, meaning that third parties do not have any rights against either of us under the Agreement. BY SIGNING UP YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. In such event a notice will be sent to the Client via e-mail or regular mail.

Software Hosting

The following provisions will survive expiration or termination of the Agreement: Notwithstanding any other provision in this Agreement, Customer shall not have any confidentiality obligation to Clarity with respect to any information provided or made available by Clarity hereunder, and Clarity shall not have any confidentiality or non-use obligation to Customer hereunder with respect to any information, software application, data or content provided or made available by Customer hereunder that: By using BroadAspect hosting services, you understand and agree to this billing term.

Customer agree that Customer will not interfere with any service management software ('SMS') agent(s) that AIT may install on Services. 9 “Website” means the user interface, functionality and Content made available on pages under the Domain Name. Vendor owns and retains all ownership and proprietary rights relating to its programming architecture, including, but not limited to, HTML code, program code, graphical code, design, technique, etc.

Section Index

Provider shall ensure that its Website design and its web hosting services will comply with all applicable international, national and local laws and regulations. Check or Money Order. BroadAspect reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. We will reinstate your rights solely at our discretion, and subject to our receipt of the fee owed and our then-current reinstatement fee, currently set at US$200. You agree that we shall not be liable to you for loss or damages that may result from our refusal to provide Service. AIT, to stay compliant with any and all applicable foreign, federal, state, and local laws, and/or in its sole discretion, may from time to time revise the Agreement, including without limitation the availability of Services and Service prices. 2 - Remedy for Violation. By continuing to utilize the Service after the effective date of any revisions to this Agreement, Customer agrees to be bound by the revised Agreement.