Cloud VPS Hosting Agreement – Legal

Customer shall be responsible for any unauthorized use of the Services by any person, and shall pay all fees incurred for its account by any person using the Services, unless such unauthorized use was because of a security breach that occurred due to Metisentry’s gross negligence. Client and its Employees, Contractors, Distributors and Customers’ telecommunication links and internal operations applications, other third party applications, hardware and software are not covered under this SLA. The intent of BroadAspect is to provide space to serve web documents, not as an off-site storage area for electronic files. Our experience with bluehost, of course, web hosting isn't just for businesses. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. Furthermore, the Data Controller has to inform the data subject on details about the processing such as; what the purposes are of the processing (Article 15(1)(a)), with whom the data are shared (Article 15(1)(c)) and how it acquired the data (Article 15(1)(g)). A major update within the GDPR is that the processing of any EU citizens’ information is now protected, regardless of whether the information processing is done within the EU or not, and regardless of where the data controller is located. NO ADVICE OR INFORMATION GIVEN BY METISENTRY, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. Customer authorizes Clarity to automatically bill and charge the credit card provided, if applicable, for each billing cycle up to five days prior to the start of the billing cycle unless the Service is terminated or cancelled by either party prior to the billing cycle's start date.

(4a) Extended Support Hours. THE PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND MAY BE SUBJECT TO TRANSMISSION ERRORS, DELIVERY FAILURES, DELAYS AND OTHER LIMITATIONS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. If the CUSTOMER has not communicated his or her non-agreement within this timeframe, it will be understood that he or she accepts the new conditions and, therefore, the annulment prior to the expiration of the contract will not lead to any reimbursement whatsoever. Cloud VPS Hosting Packages: Add-on features are non-refundable. 6 All rights and obligations of the parties hereunder are personal to them. Use of Logos.

3 All documents and other materials containing Confidential Information of either party will be returned to that party immediately upon completion of Hosting Service. 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. 3 This Agreement shall be construed, enforced, performed and in all respects governed by and in accordance with the laws in the State of Washington. Any day with an outage of more than an hour shall result in a credit to the customer’s account. Except with respect to its Affiliates, employees, contractors, or agents who need to know Confidential Information in order to support the performance of such Party's obligations related to the Agreement, and who are contractually bound by confidentiality obligations that are at least as protective as those contained in the Agreement, neither Party shall, disclose to any person any Confidential Information received from the Disclosing Party without the Disclosing Party's prior written consent. Except where otherwise specified, all dollar amounts are expressed in United States dollars (US). Some will charge you a fee while others won’t. Client warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service.

Clarity may suspend the Service and/or terminate this Agreement sixty (60) days following our provision of notice to Customer in accordance with the notice provision set forth in Section 12 below for any reason or no reason at all. Indemnification by Customer. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Quote. Plan includes:

Each time you commission a server, we will provision the server with the operating system you choose. Miscellaneous. We stand behind our products and service. AVEVA shall have all right, title and interest, including, without limitation, all Intellectual Property Rights, in and to, and the unrestricted royalty-free right to use and incorporate into the Products, any suggestions, enhancement requests, recommendations or other feedback provided by Customer, relating to the Products. Once you have your domain name selected, it's time to find a host, and that also means signing and adhering to a website hosting agreement. 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. We offer multiple configuration options (“Configuration Add-Ons”) for an extra fee.

Defective configuration on the part of the CUSTOMER.

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9% (“Service Uptime Guarantee”) of available time per month. If the CUSTOMER were to decide to rescind the contract within this timeframe, MrDomain will reimburse the CUSTOMER with the amount paid for the provision of the Hosting Plan. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits, except where specifically granted herein. Client should provide such notice by opening a support ticket via the Metisentry Portal. 26 "Service Level" means any service level for a Product that is set forth in a Schedule for such Product. Vendor reserves the right to make any functional changes or additions as part of future upgrade releases to the base software, to be released at Vendor’s discretion, unless otherwise agreed to by both Parties. You acknowledge and agree that all websites associated with your hosting account may be removed if one website is in violation of this Service Agreement.

1 All amounts to be paid by Microsoft to Inktomi herein are exclusive of any federal, state, local, municipal or other governmental taxes, including, without limitation, taxes based on, imposed on or measured by net or gross income or receipts, franchise taxes, taxes on doing business, capital stock taxes (including any minimum taxes and taxes measured by any item of tax preference), sales, use, excise, property, withholding or similar taxes, duties, levies, fees, excises or tariffs (all such taxes and other charges collectively "Taxes") now or hereafter imposed on Inktomi under applicable law (the "Inktomi Taxes"). If a refund is requested within thirty (30) days after the order date, and no part of such Fixed Price Professional Service has actually been provided, Metisentry will credit the full prepaid amount to Clients account which can be applied to any future invoice. Site44 creates web sites from dropbox folders, perfect for personal landing pages and resumes. In protecting the Confidential Information, the receiving party shall exercise at least the same degree of care as it uses with its own Confidential Information, but in no event less than reasonable care. Customer agrees to indemnify, defend and hold Clarity and its affiliates, partners and licensors and each of their respective employees, officers, directors and representatives, harmless from and against any and all claims, losses, damages, liabilities, judgments, penalties, fines, costs and expenses arising out of or in connection with any claim arising out of (a) Customer use of the Service in a manger not authorized by this Agreement, and/or in violation of the applicable restrictions, Acceptable Use Policy, and/or applicable law and (b) Customer or Customers’ employees or representatives negligence or willful misconduct. Termination – Shared Hosting Plans – Term Agreement.

IF YOU’D LIKE TO CHANGE THE TERM, PLEASE OPEN A SUPPORT SERVICES REQUEST. This information shall include, but not be limited to, the provisions of this Agreement, product and services information and pricing. BroadAspect has no responsibility for communications that are misdirected as a result of your failure to provide BroadAspect with updated contact information or as a result of the suspension or termination of your Services.


2 Either party may disclose Confidential Information of the other party to those of its employees and agents who have a need to know the Confidential Information for the purposes of this Agreement. The onboarding date will be the service anniversary and in each subsequent month the Support Fee will be collected on or about this date. 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. Domain hosting services, with only 600 Tk per year, the basic hosting package can be availed from this service provider. We recommend calling us at 888-321-4678 ext 4 (US customers) or +1-757-416-6575 ext 4 (international customers) as the fastest method, followed by chat, and then creating a ticket if necessary. You shall cooperate as fully as reasonably required in the defense of any claim. Also, will exercise these rights in terms that the current regulations, are available for review at http:

Customer shall cause the Users to comply with the Agreement and shall be responsible for the acts and omissions of the Users.

Server Solutions

To the extent that title to any such works may not, by operation of law, vest in Ayera all rights, title and interest therein are hereby irrevocably assigned to Ayera. 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. Payment for SSL Certificates, Domain Registrations, Third Party Licenses, etc. Performance to handle high traffic, last is the consideration of choosing a hosting plan that features optimal uptime. Client shall have direct access to all tracking data of site usage through reporting software (i. )“Third Party Products” means the equipment, software, products or services procured from a Third Party Vendor which Hostway|HOSTING, in turn, provides to Client as part of, or in combination with, Hostway|HOSTING’s own products and services which are part of the Hostway|HOSTING Services. BroadAspect disclaims any warranty or merchantability or fitness for a particular purpose. Greatmail shall provide to Customer storage space on, and access to, the servers, equipment, and bandwidth as outlined in the Service Table (collectively, the "Hosting Service").

As part of the hosting environment, DoIT also provides a dedicated development and test system. Termination for Material Breach. Web hosting platform includes: This guarantee deadline will not be applicable in contract renewals. In the event of any dispute or conflict, the Spanish versions of the contracts and legal policies will under all circumstance govern our relationship and prevail over the terms in any other language. Where a host is reselling the hosting services of another company, the reseller will want to ensure that its hosting agreement is "back-to-back" with the hosting agreement of the ultimate service provider. BroadAspect shall not be liable for any taxes or other fees to be paid in accordance with or related to purchase made from the customer or BroadAspect servers.

Service Communication

Additional hosting resources and services are available on demand at an additional cost. If applicable, the SLA will specify a level of uptime that Earthling will guarantee for the hosting services defined in the plan, any penalty for non-compliance, and any limitations to the guarantee. 16 "Web Site" means a collection of inter-related Web Pages. 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. To view the Enterprise Supplemental Terms, please click the following link: Executed as of the Effective Date on the signature dates below. VPS and dedicated hosting with cPanel offers unlimited number of accounts.

The main purpose of this Agreement is to precede a longer-term contract arrangement under which Company will provide Web Hosting services beginning on [Agreement. Greatmail makes no representations, warranties, or assurances that the Customer's equipment will be compatible with the Web service. Termination – Shared Hosting Plans – Non-Term.

We handle core patching, security, monitoring and backups. Siteground, learn more in our Interserver Review. 8, then Microsoft's [*] will be [*] ([*] if the [*] is by [*], or [*] if such [*] is by [*]) in accordance with the following computation: Client may terminate this Agreement if Ayera breaches any material term or written notice of same. There need to be different provisions indicating your right of termination with regards to the several missed deadlines, frequent downtimes or other forms of breach of contract that happen more than once. Vendor will complete the Program ready for Launch, according to the Schedule described in Exhibit A, as discussed and agreed to by both Parties. Unless otherwise specified, all work performed hereunder by Ayera, is the property of Ayera, and all title and interest therein shall vest in Ayera.

Visa, MasterCard, American Express, Discover Card and wire transfer.

English Law

5 "Best-fit Storage" means an algorithm that may be used together with the Data Acquisition Rate. Copyright © 1998-2020 GoDaddy Media Temple, Inc. Section 4, 5, 6, 7, and 8. The application of these mesures will not allow in any case a possible reclamation on the customers’ side as he/she knows the capacities of the service or the concrete plan contracted. 99% uptime may sometimes fail to reach their promised ratio – even if it’s by a small margin.

Proprietary Information

2 Microsoft acknowledges that, pursuant to Inktomi's contractual arrangement with its subcontractor, Exodus Communications, Inc. If at any time, you do not agree to the terms of this Agreement or any of the policies on our Website, discontinue use of the Service immediately and close your account(s). Records of processing activities must be maintained, that include purposes of the processing, categories involved and envisaged time limits. Individuals have to be notified if adverse impact is determined (Article 34). EXCEPT AS SPECIFICALLY SET FORTH HEREIN OR IN ANY SERVICE ORDER, THE PRODUCTS AND SERVICES PROVIDED BY METISENTRY ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

As between Hostway|HOSTING and Client, all Internet Protocol addresses provided to Client by Hostway|HOSTING belong exclusively to Hostway|HOSTING. (0GHz or higher); minimize disk I/O operations such that they do not negatively-impact other VPS customers on same server; keep Ayera-installed anti-virus and security software running on VPS instance at all times; ensure any 3rd party software installed on VPS Instance by Client are properly licensed for use by Client and/or Client's customers; allow any and all Ayera-initiated hardware and/or software maintenance, upgrades, patches, or any other server modifications to be performed on a mutually-agreed to, reasonable schedule. Notwithstanding anything to the contrary in this MSA, Hostway|HOSTING (a) makes no representation or warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, completeness, non-infringement, or validity of the Hostway|HOSTING Services, Hostway|HOSTING Systems, or Third Party Products, and (b) provides all aspects of the Hostway|HOSTING Services, Hostway|HOSTING Systems, and Third Party Products “as is” and specifically disclaims all warranties of merchantability and fitness for a particular purpose. The CUSTOMER must comply with all the terms and conditions of this contract in the exercising of his or her professional activity, and must also act loyally and in good faith. Hostway|HOSTING’s Intellectual Property includes any data relating to Hostway|HOSTING, the Hostway|HOSTING Services, or Hostway|HOSTING Systems, including (a) Internet Protocol addresses, Uniform Resource Locators, Web pages and other website data, (b) source codes, digital files, encryption keys, and digital certificates, (c) user identifications, account access, log-in information, and passwords, (d) usage data collected by Hostway regarding Client’s use of Hostway|HOSTING Services, and (e) all other data owned or controlled by Hostway. There is no upgrade fee for upgrading to a higher priced hosting plan, but Client will be charged any difference between the setup fees applicable to Client’s new and former hosting plans. 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. Metisentry offers a 100% Server and Network Uptime Guarantee for all Metisentry Cloud Hosting Services, providing credits should Metisentry not meet our strict standards for uptime, in accordance with this section.

Data protection by Design and by Default

If any federal, state, provincial or other goods and services tax (excluding any tax levied on property or income) is applicable to Client’s purchase of the Hostway|HOSTING Services (“Tax”) and is required by law to be collected from Client by Hostway|HOSTING, then (a) Hostway|HOSTING will charge Client for such Tax in addition to the Service Fees, (b) Client consents to such Tax being charged to Client, and (c) Hostway|HOSTING will remit such collected Tax to the applicable tax authority. You may review BroadAspect's current Privacy Policy at http: Web hosting support agreements, or Service Level Agreements (SLA’s) are what your web hosts agree to provide as services when you are their customer.