Hostway|HOSTING disclaims any and all liabilities for any representation or warranty made by the Third Party Vendors of the Third Party Products. Managed hosting, oSPOS will run on any system with a web browser. VENDOR MAKES NO WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS AGREEMENT. Accurate contact information for Registrant, Administrative, Billing and Technical contacts are the responsibility of the registrant.
Both parties, renouncing their own jurisdictions and in the event of any queries, interpretation or dispute that may arise from the present contract, will submit to equitable arbitration which will take place within the territory of the Island of Mallorca. #6 inmotion hosting, moreover, you will not have forced ads and allows you to bring your domain name or pick a free subdomain name from over 25 domain extensions. For credit card payments, Client hereby authorizes Hostway|HOSTING to automatically charge Client’s credit card each Billing Cycle for Service Fees. NET may have at law or in equity, Customer shall make a one-time payment to ATLANTIC. In the event that Vendor does not cure the interruption within seven (7) days, Client shall have the right to terminate under Section 15.
Confidentiality. Client shall not decompile, disassemble, or reverse engineer Vendor Materials or attempt to discover source code or other information concerning the Vendor Materials including, without limitation, its design. This is a contract for personal services, and Expedia relies upon the qualifications, reputation and expertise of Company to perform all obligations hereunder, as well as Company's affirmative representation that it has the resources and expertise to perform all of the Services required under this Agreement. There are several types of hosting you may consider. The current backup plan includes nightly onsite backups and at least weekly offsite replication of data.
Use of any information obtained via the Services is at Customer’s own risk. Neither party shall acquire any rights to any information privacy or other proprietary rights of the other party as a result of this agreement. Acknowledgement [PARTY A] Does Not Monitor. This will impede the CUSTOMER from contracting any new services with MrDomain, termination of your customer account and all contracted services. However, if Client desires to do any of the future custom development in-house or through a third party, then Client will first consult with Vendor to obtain Vendors approval which will not be unreasonably withheld. Only two weeks of backups are stored in the remote server. “Hostway|HOSTING Services” (or “Services”) means the products, services, and licenses provided to Client by Hostway|HOSTING, whether or not used or paid for by Client, which may include any combination of the following: CLARITY DOES NOT GUARANTEE OR WARRANTY THE DELIVERABILITY OF ANY DATA GENERATED BY, HOSTED BY OR OTHERWISE PASSED THROUGH CLARITY OWNED OR OPERATED EQUIPMENT OR COMPUTER SYSTEMS.
Contamination through viruses in their equipment, the protection of which is incumbent upon the CUSTOMER. 5 You agree that if Levaire takes any corrective action under this Agreement in response to your or your end users’ actions or failures to act, that corrective action may adversely affect you or your end users and you agree that Levaire shall have no liability to you or your end users due to any corrective action taken by Levaire. Customer shall pay Sobek Digital’s reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection. Customer agrees that ATLANTIC.
Client will designate one or more individuals who will interface with Vendor to address and resolve any subscriber related issues that Client needs Vendor assistance with.
Website Hosting Agreement Template
EXCLUSIVE VENUE FOR ALL DISPUTES ARISING OUT OF OR RELATING TO THE AGREEMENT SHALL BE THE STATE AND FEDERAL COURTS IN ALACHUA COUNTY, FLORIDA, AND EACH PARTY AGREES NOT TO DISPUTE SUCH PERSONAL JURISDICTION AND WAIVES ALL OBJECTIONS THERETO. Hostwinds (.29 per month), nET hosting services, though PHP is preferable. NET personnel to respond to third party complaints regarding Customer’s use or alleged use of the Services in violation of the AUP, including complaints under the Digital Millenium Copyright Act. 7% over 365 days/year, 7 days/week, and 24 hours/day. 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. Company may also propose Changes in order to promote efficiency, safety, security, productivity or other good business practice. Client is solely liable, and Hostway|HOSTING will not be liable, for any unpaid licenses installed by Client on Hostway|HOSTING Systems that are reported in the course of a Third Party Vendor Audit.
5 Mitigation - both parties agree to mitigate their damages upon default. The providing of the Services shall commence once the Company has received Customer’s payment for the Services. 3 of Law 7/1998, Law 26/1984 for the Defence of the Consumers and Users, Law 7/1996 of Ordinance for Retail Business and whatever legal dispositions may be applicable. X2Engine makes no guarantees or warranties of response times or resolutions. Customer is responsible for establishing and maintaining its Internet connection necessary to access and use the Services.
- AIT MAKES NO REPRESENTATION AND/OR WARRANTIES WHATSOEVER REGARDING SUCH THIRD PARTY SOFTWARE, PRODUCTS, TOOLS, and/or SERVICES THAT ARE NOT PURCHASED FROM AIT.
- If there are any unpaid fees for Hosting Services, Client is obligated to pay for those unpaid services through the last day of the month (or other commitment period) in which cancellation occurred.
- You agree that notice to you at this address is deemed sufficient regardless of your receipt of such email.
THE EFFECTIVE DATE OF THIS AGREEMENT SHALL BE THE DATE THAT CUSTOMER ACCEPTS THIS AGREEMENT OR THE DATE SET FORTH IN THE ORDER FORM, WHICHEVER IS EARLIER. Each party acknowledges that the services to be rendered hereunder and each party's rights under this Agreement are personal and unique. You may not alter, merge, modify, adapt or translate the Licensed Material, or reverse engineer, decompile, or disassemble the Licensed Material, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. In the event plan limitations are exceeded, you may need to reduce the number of files or database size, your site may slow down or not be served until resources are released or more resources are added, and your site may be temporarily or permanently suspended, in our sole discretion. Accordingly, Client stipulates and agrees that Vendor may seek and obtain preliminary and permanent injunctive relief against the breach, or threatened breach, of said provisions without the necessity of posting bond. Vendor warrants that it will continue to utilize dedicated server hosting at RackSpace or a similarly SOX 70 compliant hosting facility (Hosting Company), mutually agreed upon by both Parties. Client will be responsible to pay the expenses of any resources they request the Company to purchase, such as stock photos, videos, audio flies, third party licenses or other media assets. The following exhibits, as amended from time to time, are incorporated into this Agreement by this reference ("Exhibits"):
- “Party” means either Hostway|HOSTING or Client individually and “Parties” means both of them collectively.
- Notwithstanding anything to the contrary, Client acknowledges that Hostway|HOSTING does not guarantee, and does not represent or warrant, that the Hostway|HOSTING Systems cannot or will not be accessed by unauthorized third parties.
- You agree to defend, indemnify, and hold harmless X2Engine, its parents, subsidiaries, licensors, licensees, distributors, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, attorneys’ fees, and expenses arising out of or in connection with (i) your use of the Services, (ii) your violation of this Agreement, and (iii) your violation of any third party right, including, but not limited to, copyright, trademark, or privacy right.
What is a Hosting Agreement?
In the event of a breach of this warranty, Customer’s sole remedy and Crate. 4 If the Client is in arrears in any payment due to the Host under this Agreement, the Client will pay, in addition to the arrears, interest at the rate of four per centum (4%) per annum above The Royal Bank of Scotland plc (trading as NatWest) interest base rate on all arrears, calculated on a daily basis from the date the default occurs until payment is made in full as well before as after judgement. If the DonDominio notices are not attended in relation with the maintenance, size and other characteristics of the contracted services. It is expressly prohibited for the CUSTOMER to resell the Services contracted or in any way authorise their use to third parties, totally or partially, or for them to be used, introduced or incorporated within any business or professional field other than their own. You agree that you will regularly back-up your data whether or not Levaire has any obligation to do so. Vendor shall ensure the Applications are available 99. Contents, download the PDF to see our full web hosting portfolio:. “Agreement” shall mean the Service Order Form(s), this Master Services Agreement, the Service Level Agreement, any ATLANTIC. RURO reserves the right to use the Customers name in its marketing and promotional materials, otherwise neither party may use the other party’s name, trademarks, trade names, or other proprietary identifying symbols, or issue any press release or public statement relating to this Agreement without the prior written permission of the other party.
In the event that Client Data includes any software or application that is not provided by Hostway|HOSTING, Client is solely responsible for supporting such software or application including maintaining the licenses and installing updates and upgrades to such software or application. Either party may terminate this agreement for any reason on [TERMINATION NOTICE BUSINESS DAYS] business days’ notice to the other party. Upon receiving such notice iQWeb Solutions will confirm the receipt of the notice in a reply. Overall hosting platform comparison, if you still have questions about which plan is suitable for you, call its customer support staff and have them assist you through the registration process. However, there will be periods of downtime for maintenance, upgrades, and other unexpected reasons. 95 for certain changes to the Client Account (“Account Change Requests”), including requests to:
For full details of the licensing rules governing the use of Docular templates, instances and exports, see our terms and conditions. Levaire may amend or otherwise modify this Agreement at any time and from time to time without notice to you. Where appropriate, their actions would be limited to the execution of the work needed to resolve the issue without using the intervention or the data that could be accessed for other purposes. Subject to applicable law, this Agreement may be terminated by either Party upon written notice (i) upon the other Partys making an assignment for the benefit of creditors, or (ii) upon the other Partys dissolution or ceasing to do business. Client is solely responsible, and Hostway|HOSTING is not responsible, for ensuring that the Client ID is accurately included in the transmission details to avoid Late Charges. 5 You expressly (i) grant to Levaire a license to cache the entirety of Your Content and your web site, including content supplied by third parties, hosted by Levaire under this Agreement, and (ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party’s intellectual property rights. Upon completion of the term, Customer acknowledges and agrees that the term will renew automatically as specified on the accepted Order unless Clarity is notified of cancellation at least 30 days prior to completion of the term.
This is a relatively long and sophisticated hosting services agreement. It has been designed to cover the provision of web hosting, where the hosting services provider makes available web hosting resources to the customer, and the customer has some discretion as to the use of those resources.
As a convenience to Customer, ATLANTIC. Each 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. Only a single WordPress installation is allowed per website. 4 You accept full responsibility to verify the truth and accuracy, legality and ownership of the information that you disseminate or display in connection with your use of the Services or obtain from the Internet. MrDomain is not responsible for the proper operation, safety and/or application compatibility offered, as they may interfere with other programs that the client already have installed on your Hosting Plan. 2 All Service Fees are due according to the schedule published on the Levaire website for the particular brand of Services you ordered or, if not published, on the first day of the billing cycle. Upon resolution of all outstanding amounts due, Clarity will allow Customer to access the Services for purposes of data retrieval. Nevertheless, because of Vendors relationship with Client, all reasonable means will be taken to resolve any payment issues or disputes before disconnection or disruption of Clients Program or Subscriber services.
NET to Customer pursuant to the Agreement. If you request the installation of a Supported Application, we will install and configure the Supported Application on our server as long as the server has available resources (e. )You acknowledge and agree that as a normal course of business, it may be necessary for us to migrate our servers.
In the event of a Default, the parties shall have all rights and remedies provided in this Agreement or otherwise available under law as limited by this Agreement. 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. Easy to create surveys and forms for everyone, one drawback is that if you don’t have the technical knowledge to manage and run your server, you may run into issues. You acknowledge that Levaire provides domain name services subject to its ICANN accreditation and are provided at Levaire’s sole discretion. While unlikely, Levaire cannot completely ensure that your deleted data will not be accessible to future Levaire dedicated hosting customers who will use your server for dedicated hosting services.
Provisions Specific To Web Hosting
Customer agrees to comply fully with all relevant export laws and regulations of the United States (“Export Laws”) to ensure that neither the Service(s), nor any direct product thereof are: NET represents and warrants to Customer, and if Customer is not an individual, Customer represents and warrants to ATLANTIC. In addition, ATLANTIC. This MSA will continue in full force and effect until all Order Forms and the Client Account are terminated in their entirety. The assigned IP address(es) are for the customer’s use, the right to use that IP address shall belong only to InMotion Hosting.
Even though multiple customers are on the same physical machine, VPS Hosting allows each customer’s account/website to have all the capabilities of being on their own separate server. 10 YOU AGREE THAT LEVAIRE’S MAXIMUM LIABILITY TO YOU UNDER THIS AGREEMENT FOR ALL DAMAGES, LOSSES, COSTS AND CAUSES OF ACTIONS FROM ANY AND ALL CLAIMS (WHETHER IN CONTRACT, TORT OR OTHER LEGAL THEORY) SHALL BE LIMITED TO THE LESSER OF (A) THE TOTAL AMOUNT OF SERVICE FEES ACTUALLY PAID BY YOU TO LEVAIRE FOR THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE, (B) PROVEN DIRECT DAMAGES, AND (C) TEN THOUSAND DOLLARS ($10,000. )VPS plans place your site within a server shared with other customers, but you will have full control over your server space and the complete configuration of your virtual instance on the server. The parties agree that the Service Fees can be adjusted by Company no more than twice annually during the term of the Agreement.
Limitation of Damages
Expedia reserves the right, upon one (3) weeks' notice, to audit Company's records and consult with Company's accountants as is reasonable for the purpose of verifying Company's compliance with the terms of this Agreement and for a period of one (1) year thereafter, provided that any such audits shall be conducted during normal business hours in such a manner as to not unreasonably interfere with the normal business operations of Company. Subject to paragraph [LICENSE TO PARTY A] below, each party will retain exclusive interest in and ownership of its Intellectual Property developed before this agreement or outside the scope of this agreement. You must provide all notices to Levaire required in writing to Levaire, Attn: The customer may at any time exercise their rights of access, rectification, cancellation and opposition, recognized by the Data Protection Act. Hostway|HOSTING may terminate this MSA or a particular Order Form for convenience upon 30 calendar days’ written notice to Client. Vendor shall execute the actions necessary to establish the address of each Subscribers website, or to delete a Subscribers address in the event the Subscribers relationship is terminated or website canceled in accordance with Client policies, rules, and regulations related to the Program. 2 If you breach any term of this Agreement including, but not limited to, Section 2 (Fees and Payment Terms) and Section 5 (Restrictions on Use), Levaire may, in its sole and exclusive discretion, suspend or terminate your Services immediately and without notice to you. Repetitive, falsecredit requests may result in suspension or termination of services.
If there is any conflict between this MSA and such Supplemental Terms, then the Supplement Terms will govern Client’s use of the applicable Hostway|HOSTING Services to the extent of the conflict. If you wish to export your SSL certificate for use on a non-GoDaddy server, request a re-key of the SSL certificate - your current SSL certificate will become invalid and we will issue a new certificate for use on your non-GoDaddy server. This agreement constitutes a legal, valid, and binding obligation, enforceable against the parties in accordance with its terms. If the CUSTOMER is not satisfied with the services contracted he or she will have a period of thirty (30) days from the date of the initial registration of the Hosting Plan to rescind this present contract without incurring any penalty or cost whatsoever. X2Engine shall not be deemed to be in default of any provision of this Agreement or be liable for any delay or failure in performance due to Force Majeure, which shall include without limitation acts of God, earthquakes, weather conditions, labor disputes, changes in law, regulation or government policy, riots, war, fire, epidemics, acts or omissions of vendors or suppliers, equipment failures, transportation difficulties, malicious or criminal acts of third parties, or other occurrences which are beyond X2Engine’s reasonable control. NET’s credit approval requirements and on ATLANTIC.
If to Client, to: Without limiting the foregoing, use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in this License and as provided in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252. You agree that you may not downgrade (reduce) the bandwidth or other capacity matrices of the Services below the level of actual use of the Services which you experienced in the current or previous month. NET materially violates any other provision of the Agreement and fails to cure the violation within thirty (30) days of Customer’s written notice describing the violation in reasonable detail, or (iii) as provided in Section 6 (AUP) upon thirty (30) days advance written notice in the event of an amendment to the AUP that materially and adversely affects Customer and that is not waived by ATLANTIC.