|Website Hosting Service Agreement|
Provider (Stellar Web Production) offers services as a Web Hosting Provider to its web design clients. User accounts on its Internet servers are subject to compliance with the terms and conditions set forth below. Under the terms of this agreement, placement or placement on clients behalf of information on Provider servers is an acknowledgement that the client has read and understood this agreement, and that client agrees to be bound by the terms and conditions below.
1. USER CONDUCT
Providers services may only be used for lawful purposes. Any use of these services which violates any local, state, federal, or international laws which may apply to provider, clients local jurisdiction, or any jurisdiction that clients website may be subject to is strictly prohibited.
While using the service, you may not:
a. Restrict or inhibit any other user from using and enjoying the Internet.
b. Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, offensive, indecent, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law, including without limitation the U.S. export control laws and regulations, and laws protecting intellectual property including copyright, trademark, trade secret, misappropriation and anti-dilution laws.
c. Post, publish, transmit, reproduce or distribute any information or software which contains a virus or other harmful component.
Client agrees to indemnify, defend, and hold harmless Provider from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from use of the service which damages either client, provider, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and Web site content, including security of data held on providers server, its transmission, collection, and management to or from server (unless specifically addressed in this contract).
3. REFUSAL OR DISCONTINUANCE OF SERVICE
Provider reserves the right to refuse or discontinue service at Provider sole discretion. Provider may deny access to all or part of the service without notice if client engages in any conduct or activities that provider in its sole discretion believes violates any of the terms and conditions in this agreement. Provider shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that Provider has the right to monitor the service electronically and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. Provider reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement.
4. NO WARRANTIES
Provider makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, noninfringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by provider or its agents or employees shall create a warranty. Provider provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall Provider be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from clients use of or inability to use the service, or for third parties' use of the service to access clients Web space, or to access the Internet or any part thereof, or client or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, theft of information, or any failure of performance. If client is dissatisfied with provider service or any of its terms, conditions, rules, policies, guidelines, or practices, clients sole and exclusive remedy is to discontinue using the service. Provider Hosting does not warrant that the functions contained in the webpages or the Internet website will meet the client's requirements or that the operation of the webpages will be uninterrupted or error-free. Provider agrees to remedy problems with hosting which become apparent after the site has gone live. The entire risk as to the quality and performance of the website and email is with client.
The client is responsible to notify provider in any case where the site is not functioning properly. Provider as a hosting or email provider does not monitor the day to day functioning of the site once published. Remedies to unexpected hosting and email problems will be performed as quickly as possible. Client understands that by placing information on Provider servers that such information becomes available to all Internet users and that Provider has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of Provider servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through Provider or on the Internet generally.
5. ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE
Provider reserves the right to monitor any and all communications through or with its facilities. Client agrees that provider is not considered a "secure communications medium" for the purposes of the ECPA, and that no expectation of privacy is afforded.
6. IDENTIFICATION INFORMATION
Client agrees that it is the person legally responsible for use of this account and are at least 18 years of age. Client agrees to supply provider with a current and truthful name, postal address and telephone number for its records, and has a continued obligation to keep this information current.
7. NO INTERFERENCE WITH OPERATION OF SYSTEM
Client agrees not to maliciously or intentionally interfere with the proper operation of the providers system, including but not limited to defeating identification procedures, obtaining access beyond that which client is authorized for, and impairing the availability, reliability, or quality of service for other customers. Client further agrees not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. Client agrees to follow the Acceptable Use Policy of any network or service you connect to. You agree to abide by any and all future provider policy decisions which shall be given with at least 30 days notice prior to said decisions taking effect.
Client agrees that the security of your account is solely their own responsibility. Client further agrees that if they believe the security of the account has been compromised in any way, you will notify provider immediately by telephone and in writing by registered mail return receipt requested to Provider. Client shall be held fully responsible for any misuse or compromise to clients account for which Provider is not properly notified. Client agrees that if any security violations are believed to have occurred in association with their account, Provider has the right to suspend access to the account pending an investigation and resolution. Client also agrees that Provider has the right to cooperate in any government or legal investigation regarding any aspect of its services, including services sold to client. Any use of providers system to engage in software piracy or other violations of law will result in account suspension and be immediately reported to the appropriate authorities.
9. BACKUP OF DATA
Client use of the service is at its sole risk. Provider is not responsible for files and data residing on clients account. Client agrees to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on providers servers.
10. TRANSMITTAL OF MATERIALS
Client agrees not to transmit unsolicited or prohibited advertising or other harassing or illegal materials through electronic mail, Usenet postings, or other Internet media. The use of provider or any other service with reference to services obtained through provider, for unsolicited mass mailings, postings, or other activities considered an annoyance to others, commonly referred to as "spamming" is strictly prohibited and will cause your services to be terminated immediately and without warning. Client will be held fully responsible for any damages to itself, Provider, or any other party or parties resulting from any such conduct.
Client agrees to supply appropriate payment for the services received from Provider. Client agrees that all setup fees are non-refundable once setup is completed. Client agrees to pay any overage fees and penalties that occur due to their account going over its package amounts. Client agrees that until and unless it notifies Provider of desire to cancel any or all services 30 days prior to renewal via phone conversation (must talk to provider representative, voice mail does not apply), those services will be billed on a recurring basis. Client agrees that pro-rated refunds for unused time periods will be not provided in the event of account termination. In the case that outside technical support is needed to remedy an issue or glitch in service client will be notified of the cost by the provider in estimate form prior to work being performed. Client agrees a late payment fee of $5 will be assessed if payment is not received by 30 days of the date for Hosting invoices. If a payment is past due an interest fee of 1.5% (18% per annum) monthly will be applied. Checks which are returned due to sufficient funds shall face a penalty of $30. Client agrees to pay any collection and attorney fees.
Accounts that are more than 30 days overdue will be provided notice via e-mail, regular mail, and certified mail to the addresses provided by Client in the Agreement. If payment, in full, is not received within seven (7) days of the notice, the Provider reserves the right to terminate and/or suspend any website accounts that are hosted by the Provider.
12. PRIOR AGREEMENTS
This agreement supersedes any written, electronic, or oral communication you may have had with Provider or any agent or representative thereof, and constitutes the complete and total agreement between the parties.
If any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.
This agreement shall be governed by the laws of the State of Massachusetts.
By using and continuing to maintain or place information on Providers servers, including email services, the client is stating and acknowledging that you have read the aforementioned terms and conditions and that it understands such terms and conditions and agree to be bound by them.
Special Note regarding forms: Provider Hosting service requires that general forms which are transmitted to email inboxes (contact forms or forms for submission of information) must be initially transmitted to an email address residing on the server associated with the host for the website (Provider hosting). Once the form has been received at this email address, the form can be automatically forwarded to any email of the client’s choosing. Therefore, the client is responsible for maintaining the email account on the server in order to avoid full, “overflow” or “rejection” conditions.