The following agreement is by and between Company and all its Clients with a hosting service.
WHEREAS, Company is an Internet Services & Applications Provider through an agreement with an ISP (Internet Service Provider) who offers storage and transfer services over the Internet through access to its Web Servers;
WHEREAS, Client seeks to utilize Company’s servers and services for its own purposes;
WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, Company can make no guarantee that any given user shall be able to access Company’s server at any given time. Company represents that it shall make every good faith effort to ensure that its servers are available as widely as possible and with as little service interruption as possible;
WHEREAS, Client understands that Company will change ISP when ISP fails to meet one of the following primary challenges of maintaining an enterprise-class Web Server: quality of service, availability, disaster recovery, rich features & performance, scalability, and security;
WHEREAS, Client understands that Company will change ISP when ISP fails to implement advanced solutions that meet Client applications;
WHEREAS, Company agrees when deemed necessary, to proceed in good faith with above mentionned ISP change with great care for Client data and services and to reduce to the minimum possible the down time while migrating to new servers;
WHEREAS, Client accepts to provide Company with necessary support when migrating Client data to new servers;
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;
TRADEMARKS & COPYRIGHTS
Client warrants that it has the right to use the applicable trademarks, if any, and grants Company the right to use such trademarks in connection with Company’s Server service.
MATERIAL AND PRODUCTS
- When company is not sollicited by Client, by means of a contractual agreement, to produce or edit material, data, applications for server, Client will provide Company with material and data in a condition that is “server-ready”, which is in a form requiring no additional manipulation on the part of Company.Company shall make no effort to validate this information for content, correctness or usability. Material that is not “server-ready” can be determined by the Company to be a violation of this Agreement.
- In the event that this material is not “server-ready”, Company may, at its option and at any time, reject this material, including but not limited to after it has been put on Company’s Server. Company agrees to notify Client immediately of its refusal of the material and afford Client the opportunity to amend or modify the material to satisfy the needs and/or requirements of Company. If the Client fails to modify the material, as directed by Company, within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be deemed to be terminated.
- Company will exercise no control whatsoever over the content of the information passing through the network. Company makes no warranties or representations of any kind, whether expressed or implied for the service it is providing.
- Company also disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Client.
- Use of any information obtained by way of Company is at the Client’s own risk, and Company specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to the Internet and does not represent guarantees of available end-to-end bandwidth.
- Company expressly limits its damages to the Client for any non-accessibility time or other down time to the prorated monthly charge during the system unavailability. Company specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
- Client is guaranteed 99.5% uptime by the Company over a monthly basis as calculated, by subtracting out the amount of hours that the Client’s site is down due to a direct cause by the Company
HARDWARE, EQUIPMENT & SOFTWARE
When company is not sollicited by Client, by means of a contractual agreement, The Client is responsible for and must provide all phone, computer, hardware and software equipment and services necessary to access Company. Company makes no representations or warranties or assurances that the Customer’s equipment will be compatible with the Company service.
- Client expressly agrees that use of Company’s Server is at Client’s sole risk. Neither Company, its employees, affiliates, agents, third party information providers, merchants licensors or the like, warrant that Company’s Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information serviceor merchandise contained in or provided through the CGI Server service, unless otherwise expressly stated in thisAgreement
- Under no circumstances, including negligence, shall Company, its offices, agents or any one else involved in creating, producing or distributing Company’s Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Company Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Company’s records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on Company’s Server service
- Notwithstanding the above, Client’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paidduring the term of this Agreement including any reasonable attorney’s fee and court costs
- Web sites (users’ applications) that generate system errors (exceptions) thus disrupting server performance and causing server-wide outages is reason for immediate termination of the agreement by the Company
- Sites that consume 35% or more of the CPU capacity and/or 200MB of memory on the hosting server are not suitable for shared hosting environment, and will result in server outages that will effect other users and is reason for immediate termination of the agreement by the Company
- Shared servers are configured to serve up to 5 GB of data transfer per month. Exceeding 5GB without prior notifying the Company in writing will result in immediate termination of this agreement by the Company
- TRANSMISSION AND STORAGE OF ANY MATERIAL OF ADULT NATURE OR ANY MATERIAL HARMFUL TO MINORS IS PROHIBITED AND WILL RESULT IN BOTH IMMEDIATE TERMINATION OF THIS AGREEMENT AND PROSECUTION
- This Agreement may be terminated by either party, without cause, by giving the other party 15 days urgent written notice as explained below. In such event, the canceling party will be required to pay to other party a cancellation fee equal to amount due for one month’s service
- Notwithstanding the above, Company may terminate service under this Agreement at any time, without penalty, if the Client fails to comply with the terms of this Agreement
- Since all accounts are billed on the month-to-month basis no refunds of any kind will be made for any unused portion on a prorated basis for the rest of the month if Client terminates the service
- If Client payment covers a period longer than a month, Client will refund the portion of unused month(s). An unused month qualifies for refund when termination notice is received at least one full business day before unused month fee is due. Company will mail within four weeks a check or money order with the refund amount
- No charge back will be made to Client credit card. Client agrees to pay Company $35 payment reversal fee and all other fees subsequent to each Client initiated payment reversal.
- CANCELLATION POLICY. CLIENT CAN CANCEL THEIR ACCOUNT AT ANY TIME BY GOING THROUGH THE FOLLOWING TERMINATION PROCEDURE. SEND AN EMAIL WITH SUBJECT “TERMINATION REQUEST” TO INFO AT INTERNETWORKINGLINK.COM. THE CONTENT OF THE EMAIL MUST SPECIFY CLEARLY WHICH ACCOUNT IS TO BE TERMINATED AND WHEN. ALL FUTURE BILLING WILL CEASE IMMEDIATELY FOLLOWING THE CLIENT’S CONFIRMED TERMINATION. THE CONFIRMED TERMINATION IS A RESPONSE THAT THE CLIENT GIVES TO THE EMAIL REPLY FROM INTERNETWORKING LINK FOLLOWING THE TERMINATION REQUEST. THE SAME PROCEDURE APPLIES WHEN CLIENT DESIRES TO CHANGE ITS HOSTING PLAN
- If an account is terminated by the Company for a violation of this agreement, the Client will forfeit the remainder of that month’s payment
- Client agrees that his or her account will be terminated and all data deleted if no response is given within the allowed 15 days to the urgent termination notice confirmation
- Both parties agree to maintain a dignifying open communication line free from physical or verbal abuse and not resort to insults and yelling
- Client agrees that his or her account(s) will be terminated and all data deleted if Company’s employees or agents complain of such abuse and such abuse is verified