1. ACCEPTANCE OF TERMS OF SERVICE
1. As a precondition and requirement to use the services available via Host1800.com, you, for yourself and for the company or other person(s), if any, you represent ("Subscriber" or "Subscribers", as applicable), hereby accept and agree to be legally bound by these Terms of Service ("Terms"). These Terms are effective immediately between the Subscriber and Host1800.com. Host1800.com, Host1800.org, Host 1800, represent their subsidiaries and affiliates ("Host1800.com"). Each Subscriber is subject to these Terms, and by using Host1800.com's services, network and/or systems (collectively the "Services"), Subscriber agrees to be legally bound by and subject to all terms and conditions contained in these Terms, including as well all usage policies and other policies herein. To the extent not inconsistent therewith, these Terms are also incorporated into the individual service agreement, including web-design contract, if any, of each Subscriber.
2. Subscriber represents and warrants that, if an individual, Subscriber is at least 18 years old and otherwise legally competent in all respects to, or, if an entity, Subscriber is a corporation, limited liability company, partnership, or other legal entity duly formed and in good standing, as applicable, and possesses all legal authority and power to accept and be bound by these Terms. Additionally, Subscriber represents and warrants that neither it, she, or he (as applicable), nor any entity it, she or he represents, is prohibited under any part of section 13 of these Terms from registering or signing up with or otherwise subscribing to or receiving any of the Services from Host1800.com. Further, Subscriber represents and warrants all information provided by Subscriber to Host1800.com has been and is complete, accurate, and current, and that Subscriber shall continue to provide complete, accurate and current information to Host1800.com in connection with all registration or renewal processes and further agrees to update all such information as necessary to maintain complete, accurate and current information. Although subscribers of paid services offered through Host1800.com must be at least 18 years of age and otherwise legally competent to accept and be legally bound by these Term, a parent or legal guardian of a minor may obtain an account on the minor's behalf, and by doing so, consents to such minor's use of the Services. Subscribing parents and legal guardians each for herself or himself, as applicable, accept and agree to be legally bound by these Terms, and assume full responsibility and liability associated with any failure of compliance with the Terms in connection with said minor's use of any of the Services.
3. Host1800.com intends to provide the best possible web hosting service to each of its Subscribers. Host1800.com is also dedicated to staying abreast of new and available technologies that will better serve our Subscribers. However, due to changing technologies, changing laws and the individual and collective needs of our Subscribers, Host1800.com reserves the right, in its sole discretion, to change, modify, add or remove all or any part of these Terms at any time with or without notice.
4. Subscribers may view the most current version of these Terms at www.Host1800.com/terms-of-services.html. Any use of the Services by Subscriber, after changes, modifications, additions or deletions to these Terms are posted on the Host1800.com website, shall constitute Subscriber's acceptance of all such changes, additions, modifications or deletions. If a Subscriber does not agree to any such alterations to these Terms, the Subscriber's sole and exclusive remedy is to cancel the Subscriber's account as set forth in Paragraph below.
5. Notwithstanding Host1800.com's right to alter these Terms without prior notice, Host1800.com may, within its sole discretion and as a courtesy to all affected Subscribers, make an effort to provide Subscribers with 7 days advanced notice of any alteration of these Terms if it appears to Host1800.com, in its sole discretion, that said alteration may materially and adversely impact said Subscriber's use of the Services.
6. If Subscriber is registering a new domain name with Host1800.com, or using or transferring a previously registered domain name in conjunction with Subscriber's use of the Services, Subscriber hereby acknowledges and agrees that Subscriber's use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers ("ICANN") and the Domain Registration Agreement located at http://api.fastdomain.com/terms.html.
2. TERM - PAYMENT - RENEWAL OF ACCOUNT AND OF DOMAIN
1. Term of Service. The term of Subscriber's subscription to the Services commences upon Subscriber's acceptance of these Terms and terminates as set forth in Paragraphs 2.05 and 3.01.
2. Payment. Subscriber agrees to pay all applicable fees for Services in effect at the time of sign-up registration and/or renewal, subject to these Terms. Subscriber agrees to update and keep current all of Subscriber's billing information, email and all other contact information. It is the Subscriber's responsibility to verify that the information submitted is accurate to insure proper billing and continuity of services. Host1800.com may use Merchant Updater Services to receive updated billing information from participating providers. Subscribers, who purchased Host1800 hosting plans, stay on same plan for three years.
3. For web designing services, payment shall be made as follows: A deposit of ½ of estimated total, (deposit amount), is due upon signing of this Agreement, or from the first day of hosting a website. A final payment (adjusted again for changes in estimate if necessary) is due upon completion of site as specified. If the production process takes longer than 60 days, billing will switch to semi-monthly and will be based on hours expended, while still honoring this estimate, with invoices sent mid-month and at month's end. In the event of the cancellation of this assignment, or any delay of more than 90 days, we will invoice you for the greater of either: (1) all work completed up to the date of notification, based upon the percentage of the project finished, including expenses; or (2) 20% of the agreed-upon estimate plus expenses, and this contract shall be considered fulfilled by Host1800 Inc. All incomplete work will remain the property of Host1800 Inc. All payments already made will first be applied to these charges.
4. Automatic Renewal of Hosting Account. As a courtesy and not as an obligation (contractual or otherwise), fifteen (15) days prior to the expiration of Subscriber's Hosting Account or Domain(s) Host1800.com will automatically renew Subscriber's Hosting Account, for the same duration initially selected, at the then current, non-promotional rate, by charging the applicable fee to Subscriber's current method of payment on file. Subscriber acknowledges and confirms that if the Subscriber pays for a hosting plan which qualifies for a Free Domain that the Subscriber will be provided with a digital domain registration voucher to be used for purchasing their Free Domain. The domain registration voucher is only applicable as long as the Subscriber maintains a qualifying hosting plan.
5. Automatic Renewal of Domain(s). As a courtesy and not as an obligation (contractual or otherwise), fifteen (15) days prior to the expiration of Subscriber's domain, if registered with Host1800.com (or one of its Affiliates), or if transferred to and registered with Host1800.com (or one of its Affiliates), Host1800.com will automatically renew Subscriber's domain, by charging the applicable fee to Subscriber's current method of payment on file. Subscriber acknowledges and confirms that the obligation to renew his/her/its Domain(s) is solely and exclusively the responsibility of the Subscriber, and is not the obligation (contractual or otherwise) of Host1800.com. Subscriber hereby releases Host1800.com from any and all liability for failure for any reason to renew said Account or said Domain(s). Subscriber acknowledges that there may be many reasons why Host1800.com is unable to renew said Account or Domain, including but not limited to inability of Host1800.com, for any reason, to bill said renewal to Subscriber's method of payment on file, to contact or otherwise get response from Subscriber at the email address on file, or otherwise. Subscriber acknowledges that said Hosting Account and/or Domain, if not renewed, for whatever reason, will expire on the Account or Domain Expiration Date, as applicable. In the event that a Domain expires, Host1800.com will hold the expired Domain for up to 30 days as a courtesy and not as an obligation (contractual or otherwise). 30 days after expiration, the Domain will be placed in Redemption. During the Redemption period the Domain will be inaccessible and unable to be registered elsewhere. In order to bring a Domain out of Redemption, Subscriber must pay a Redemption Fee, as well as a Renewal Fee for the current year. Domain registration vouchers cannot be applied toward the cost of Redemption. If the Domain is not redeemed within 74 days of expiration, it will be set to Pending Delete status by the domain registry. After the Pending Delete status expires, the Domain will be released for registration. During the Pending Delete period, the Domain will be inaccessible and unrecoverable.
7. Authority. In the event Subscriber is a corporation, limited liability company, partnership, joint venture, other business entity or group of individuals, the person registering for or renewing Host1800.com Services on behalf of Subscriber hereby certifies that he/she has the authority to and does hereby bind the corporation, limited liability company, partnership, joint venture or other individuals in this manner and in connection with Subscriber's acceptance of all other Terms set forth herein.
3. CANCELLATION OF SERVICES - REFUND POLICY
Host 1800 offers a 'no questions asked' money back guarantee to any hosting plans which are registered with your own websites (any websites are designed by host1800.com is considered "none your own websites", because all websites which are designed by host1800.com belong to special price offer) if the cancellations is made within the first 30 days of ordering. However, the refund will exclude any cost of complimentary services, such as set up fees that were charged when you signed up.
The 'no questions asked' money back guarantee policy is not applicable for hosting plans which are registered with the website design packages of Host1800. However, you still can cancel if your cancellations made within the 48 hours of ordering. However, the refund will exclude any cost of complimentary services, any domain registration fees that you paid as we do incur a cost for these.
Once your hosting account with your own website has been active for 30 days we will not be able to provide you with a refund.
1. The terms of condition of 30-day money back guarantee for new hosting account registrations with your own website or without website.
. Non-refundable Fees: Fees paid by Subscriber in connection with the purchase of SSL certificates, domain privacy, domain names are non-refundable, as are Check Refunds of $12.99 or less due to processing fees.
3. Cancellations within First 3 Days of Registration. In the event Subscriber cancels the Services within 3 calendar days of registration, Subscriber will receive a full refund of all fees paid in connection with the registration upon request, with the exception of any Non-refundable Fees set forth in Paragraph 3.02. Subscriber has the option, but not the obligation, to retain ownership and control of any promotional "Free Domain Names" registered in connection with the subscription, in which case Subscriber's refund will be reduced by $12.99 per domain name.
4. Cancellations after 3 Days and Before 30 Days. In the event Subscriber cancels the Services after the expiration of 3 calendar days, but prior to the expiration of 30 calendar days, Subscriber will receive a refund of all fees paid in connection with the registration, with the exception of any Non-refundable Fees set forth in Paragraph 3.02, subject to the following additional mandatory reductions:
Free Domain Names: If Subscriber registers any domain name as part of a "Free Domain Name" promotion in connection with the registration, Subscriber's refund will be reduced by $12.99 per domain name. Subscriber will retain full ownership and control of any such domain names.
5. Cancellations after 30 Days. Any hosting packages come with web design packages of host1800.com cannot be cancelled at anytime after three days period. However, Subscriber may only cancel hosting services with started with their own websites, at any time, before or after automatic account renewal, and, with the exception of any Non-refundable Fees set forth in Paragraph 3.02 and setup fees, if any, which are non-refundable after 30 calendar days, receive a pro-rated refund for all other fees paid for services, less $12.99 per "Free Domain Name."
7. Charge backs and Reversals. In the event Subscriber issues a chargeback or reversal of charges without first following the above cancellation procedures, the Subscriber will be responsible for a $50.00 billing service fee.
4. PROPRIETARY RIGHTS
These Terms do not give Subscriber any rights in Host1800.com intellectual property or technology. Host1800.com and related trademarks and logos are the exclusive property of Host1800.com. Host1800.com and Subscriber agree that neither will, directly or indirectly, reverse engineer or decompile object code or execution code, nor otherwise seek to obtain source code or trade secrets of the other party. Notwithstanding the foregoing, nothing herein shall bar Host1800.com from using any knowledge, information or skills that are generally known or that can be learned or otherwise acquired in the normal course of business.
5. SECURITY AND OWNERSHIP
1. Site Security. Host1800.com uses sophisticated means of security in connection with the Services. Notwithstanding the foregoing, it is exclusively Subscriber's obligation to maintain and control passwords to Subscriber's web site(s), and Subscriber exclusively is responsible for all activities that occur in connection with Subscriber's user name, password, registered domain name(s); as well as any and all scripts or programs added to the account by the Subscriber or authorized users. Subscriber agrees to immediately notify Host1800.com of any unauthorized uses of the Service or any other breaches of security. Host1800.com will not be liable for any loss or damages of any kind, under any legal theory, caused by Subscriber's failure to comply with the foregoing security obligations or caused by any person to whom Subscriber grants access to Subscriber's Services. Any programs or scripts available via the cPanel interface are solely the Subscriber's responsibility to update and secure.
2. Access and Control Policy. When a new account or domain, as applicable, is registered with or transferred to Host1800.com or with one of its affiliates, the process requires and results in the creation of the following within the records of Host1800.com, in association with said new account or domain: i) Name of person registering; ii) email address; iii) user name; iv) password; and, v) associated payment information, such as Visa, Mastercard, etc., Credit Card Number & name thereon, etc.
4. Subscriber acknowledges and accepts said access and control policy and procedure, agrees not to bring any claim in the form of a lawsuit or otherwise against Host1800.com arising out of its following said policy and procedure, agrees immediately to dismiss any claim so brought, and hereby releases Host1800.com from all liability and all claims for damages or any other liability whatsoever that may arise out of Host1800.com's following said policy and procedure.
5. License to Host1800.com. Host1800.com claims no ownership interest in the content of Subscriber's web site(s). By submitting content and data to Host1800.com, Subscriber grants to Host1800.com, its successors and assigns, the worldwide, royalty-free, and nonexclusive license under Subscriber's copyrights and other rights, if any, in all material and content displayed in Subscriber's web site to use, distribute, display, reproduce, and create derivative works from such material in any and all media, in order to maintain such content on Host1800.com's servers during the term of these Terms. Subscriber also authorizes the downloading and printing of such material, or any portion thereof, by end-users for their personal use. This license shall terminate upon Subscriber's cancellation of the Services as set forth in Paragraphs 2.01 and 3.0.
6. Transfer of Ownership. Host1800.com is not responsible to determine ownership of websites hosted by, accounts opened with, or domains registered with Host1800.com or its affiliates. By accessing Host1800.com's system, registering, or using any of the services provided by Host1800.com, the Subscriber, or any other person so accessing, registering or using, hereby represents and warrants that the information provided in connection with said registration, including as well information concerning ownership of websites, domains, and accounts, is true, accurate, and complete in each material detail. Any disputes arising regarding the ownership of any account, website, or domain hosted by, opened with, or registered with Host1800.com or any of its affiliates are subject to the terms and conditions of Section 5 of these Terms.
8. Subscriber acknowledges and accepts that the foregoing policies and procedures regarding transfer of ownership are the only way that notice(s) can be given and changes can be effected regarding said transfer of ownership within Host1800.com; and, further, that any other changes made directly by Subscriber or by others within the online records of Host1800.com or of its affiliates shall not be deemed effective to give notice to Host1800.com or its affiliates of any changes in said ownership.
9. Disputing Site or Account Ownership Disputes sometimes arise between or among multiple persons claiming ownership of or rights in a site hosted by Host1800.com or in an associated Host1800.com account. Host1800.com is not obligated to resolve any such disputes. If multiple persons are claiming ownership of or rights in a site hosted by Host1800.com or in an associated Host1800.com account, and, in Host1800.com's sole judgment, there is not certainty as to the ownership of or rights in said site or account, then Host1800.com will, to the extent of its knowledge and ability, notify said persons of the dispute and demand that said persons promptly, conclusively, and finally resolve the dispute in a manner which makes clear who the owner(s) and/or interest holder(s) is/are and in a manner which relieves Host1800.com of all liability or obligations concerning the dispute. If the disputing persons fail so to resolve the dispute within what Host1800.com, in its sole judgment, deems to be a reasonable time, then Host1800.com, at its option and without any obligation to do so, may, in accordance with and subject to the laws of the State of Minnesota, file an interpleaded action in a court of competent jurisdiction within the State of Minnesota for the purpose of allowing the contending persons to resolve said dispute and to reach certainty regarding ownership of or rights in said site and/or account. The person or persons conclusively and finally determined by the interpleader action to be the rightful owner(s) or interest holder(s) of said site and/or associated account shall be obligated to reimburse Host1800.com for all of its expenses relative to said interpleader action including without limit all its court costs and reasonable attorney fees. All amounts owed to Host1800.com under this section 5.03 shall be deemed due and payable immediately upon thirty (30) days after judgment or settlement is reached in said interpleader action. Failure of the rightful owner of said site and/or associated account to cause Host1800.com to be timely paid in full all of said amounts shall be deemed a breach of these Terms, shall subject the account to immediate termination, and shall entitle Host1800.com to a judgment against said rightful owner for all costs and all of Host1800.com's expenses relative to said interpleader action including without limit all of Host1800.com's court costs and reasonable attorney fees. No rights enumerated in this section 5.03 shall in any way diminish any other rights of Host1800.com enumerated in any other section of these Terms, or otherwise available to Host1800.com at law or in equity.
Host1800 is committed to developing long-lasting relationships based on trust. In furtherance of this goal, Host1800 will do everything in its power to ensure that your right to privacy is maintained and protected. This website is not directed at children less than 13 years of age.
2. Information We Collect
a. Host1800 may request or collect personal information from online users in a variety of ways, including through online forms for ordering products and services, and other instances where users are invited to volunteer such information.
b. The data we collect is information that identifies you personally, such as:
- · Your name
- · E-mail address
- · Postal address
- · Telephone and telefax numbers
- · URL
- · Credit card information
- · Other billing information
3. What are Cookies?
A cookie is a piece of data stored on the user's computer tied to information about the user. We may use both session ID cookies and persistent cookies. For session ID cookies, once you close your browser or log out, the cookie terminates and is erased. A persistent cookie is a small text file stored on your computer's hard drive for an extended period of time. Your browser's help file contains information and instructions for removing persistent cookies. Session ID cookies may be used by Host1800 to track user preferences while the user is visiting the website. They also help to minimize load times and save on server processing. Persistent cookies may be used by Host1800 to store whether, for example, you want your password remembered or not, and other information. Cookies used on the Host1800 website do not contain personally identifiable information.
Like most standard websites, we use log files. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track user's movement in the aggregate, and gather broad demographic information for aggregate use. However, none of the information stored in our log files, including but not limited to IP addresses, is linked to personally identifiable information.
5. How we use this information
Host1800 may use the personally identifiable information collected by Host1800 to contact customers regarding products and services offered by Host1800 and, to the extent the user has agreed to it, by its trusted affiliates, independent contractors and business partners. We may also use this information for research purposes regarding the effectiveness of our website services, marketing, advertising and sales efforts. Host1800 will not in any way share this information with a third party either for free or by selling it, unless you specifically authorize such disclosures.
6. Disclosure of Information
Host1800 may also disclose aggregate, anonymous data based on information collected from users to investors and potential partners. In such cases, only statistical information will be disclosed and personally identifiable data will be kept strictly confidential. In case Host1800 is sold, the information collected from users may be transferred to the new owners.
7.Special Offers and Updates
Our customers and users will occasionally receive newsletters or e-mails with information on products, services, or special offers. Out of respect for the privacy of our users, Host1800 gives them the opportunity to opt-out from receiving these types of communications.
8. Service Announcements
On rare occasions, it is necessary to send out a strictly service-related announcement, if, for instance, our service is temporarily suspended for maintenance. Generally, users may not opt-out of these communications, though they can deactivate their account. However, these communications are not promotional in nature.
9. Legal Disclaimer
Though we make every effort to preserve your privacy, we may need to disclose personal information when required by law, if we have a good-faith belief that such action is necessary and required to comply with a current judicial proceeding, a court order, subpoena or other legal process served on Host1800.
10. Maintenance of Information
a. The information provided to Host1800 is saved indefinitely and may be stored on one or more databases directly or indirectly maintained by Host1800. Host1800 employs industry-standard security measures to protect the confidentiality of the information. While we cannot guarantee that loss, misuse or alteration of data will not occur; we make every effort to prevent such occurrences. Any other particularly sensitive information, such as credit card numbers collected for commercial transactions, is encrypted prior to transmission by you to Host1800.
b. Your Responsibility. You are responsible for the security of your Customer ID and passwords. Make sure you keep them in a safe place and do not share them with others. Always remember to log out after your session ends to ensure that others cannot access your private personal information. You should take this precaution even if you are not using a public computer, such as at a library or internet café, but even when using your private computer in your home.
With the exception of trusted business affiliates and/or associates who work on behalf of or in connection with Host1800.com, subject to specific confidentiality agreements, Host1800.com will not provide or sell to any third party your personal information and will keep all Subscriber information confidential, subject to the following:
i. Upon registration, certain Subscriber information is transferred to WHOIS (domain registration information), to our affiliated third-party registrar, FastDomain, to Postini (email addresses), and to Comodo (SSL cert. creation).
ii. Host1800.com will respond to subpoenas, court orders, or other legal process, and will utilize Subscriber information as necessary to establish or exercise Host1800.com's legal rights or defend against legal claims. Host1800.com will charge the person or entity for submitting a civil subpoena for costs associated with subpoena compliance. Payment must be made within thirty (30) days from the date of receipt of the Host1800.com invoice. Checks should be made out to Host1800.com. Host1800.com's subpoena compliance costs are as follows: Research-$150.00/hour; Federal Express-Cost as Billed; Copies-$1.00/page; Compact Discs - $10.00/per CD.
iii. Host1800.com will share information to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations or suspected violations of these Terms, or as otherwise required by law.
iv. When we are threatened with suit by a third party, or any other legal action brought to our attention involving us based on the anonymity of the domain, we may seek assurance from you the customer concerning your promise to indemnify us and written notice that you have contacted the plaintiff or representative for the complainant and made your contact information available to them. Failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in deactivation of your domain name and forfeit the right to privacy on a domain. A pro-rated refund will be issued to the payment method on file for the remaining unused service.
7. "UNLIMITED" USAGE POLICIES AND DEFINITIONS
1. What "Unlimited" means. Host1800.com does not set an arbitrary limit or cap on the amount of resources a single Subscriber can use. In good faith and subject to these Terms, Host1800.com makes every commercially reasonable effort to provide its Subscribers with all the storage and bandwidth resources needed to power their web sites successfully, as long as the Subscriber's use of the service complies with these Terms. By not setting limits on key resources, we are able to provide simple, consistent pricing to our Subscribers as they grow their websites. As a result, a typical website may experience periods of great popularity and resulting increased storage without experiencing any associated increase in hosting charges.
2. What "Unlimited" DOES NOT mean. Host1800.com employs complex mechanisms to protect its Subscribers and systems from abuse. Host1800.com's offering of "unlimited" services is not intended to allow the actions of a single or few Subscribers to unfairly or adversely impact the experience of other Subscribers.
Host1800.com's service is a shared hosting service, which means that multiple Subscriber web sites are hosted from the same server and share server resources. Host1800.com's service is designed to meet the typical needs of small business and home business website Subscribers in the United States. It is NOT intended to support the sustained demand of large enterprises, internationally based businesses, or non-typical applications better suited to a dedicated server.
Host1800.com will make every commercially reasonable effort to provide additional resources to Subscribers who are using their website(s) consistent with these Terms, including moving Subscribers to newer and bigger shared servers as necessary. However, in order to ensure a consistent and quality experience for all Subscribers, Host1800.com does place automated safeguards to protect against any one site growing too quickly and adversely impacting the system until Host1800.com can evaluate said sites resource needs.
3. Unlimited Hosting Space; excessive MySQL files.Host1800.com does not set arbitrary limits on the amount of disk space a Subscriber can use for the Subscriber's website, nor does Host1800.com charge additional fees based on an increased amount of storage used, provided the Subscriber's use of storage complies with these Terms. Please note, however, that the Host1800.com service is designed to host websites. Host1800.com does NOT provide unlimited space for online storage, backups, or archiving of electronic files, documents, log files, etc., and any such prohibited use of the Services will result in the termination of Subscriber's account, with or without notice. Accounts with a large number of files can have an adverse affect on server performance. Similarly, accounts with an excessive number of MySQL/PostgreSQL tables (i.e., in excess of 1000 database tables) or of database size (i.e., in excess of 3GB total MySQL/PostgreSQL usage or 2GB MySQL/PostgreSQL usage in a single database) negatively affect the performance of the server. Host1800.com may request that the number of files/inodes, database tables, or total database usage be reduced to ensure proper performance or may terminate the Subscriber's account, with or without notice.
4. Unlimited File Transfer. Host1800.com does not set arbitrary limits on the amount of visitor traffic a web site can receive or on the amount of content a Subscriber can upload to his/her/its website in a given month, nor does Host1800.com charge additional fees based on increased use of bandwidth, as long as the Subscriber's use of the Services complies with these Terms. In most cases, a Subscriber's web site will be able to support as much traffic as the Subscriber can legitimately acquire. However, Host1800.com reserves the right to limit processor time, bandwidth, processes, or memory in cases where it is necessary to prevent negatively impacting other Subscribers.
5. Unlimited Domain Hosting. Host1800.com does not set arbitrary limits on the number of domain names a Subscriber can associate with the Subscriber's web hosting account.
9. PROHIBITED USES
1. Breach of Terms and Account Termination. The uses of Host1800.com Services set forth in this section 9 herein below are prohibited. The engaging in any prohibited use as set forth herein by Subscriber or by any affiliate or subscriber of Subscriber ( as determined in the sole discretion of Host1800.com) constitutes a material breach of these Terms and will subject Subscriber's account to immediate termination without notice.
2. Spamming. Spamming, whether or not it overloads the Services or disrupts service to Host1800.com's Subscribers, is prohibited. The term "Spamming" includes, but is not limited to, the sending of unsolicited bulk and/or commercial messages over the Internet, maintaining an open SMTP policy, or sending to any mailing list that is not double opt in. Host1800.com requires that all email messages contain an automated opt out . We do not allow purchased lists. Host1800.com's Subscribers are required to follow all rules in the Can Spam Act (http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm) as well as our company spam rules. Host1800.com reserves the right to determine, in its sole and absolute discretion, whether e-mail recipients were part of an opt-in email list. Irrespective of whether an email campaign constitutes Spamming as defined herein, Host1800.com allows a MAXIMUM of 500 emails per hour to be sent from any individual hosting account.
3. Prohibited Offerings. No Subscriber may utilize the Services to provide, sell or offer to sell the following: controlled substances; illegal drugs and drug contraband; weapons; pirated materials; instructions on making, assembling or obtaining illegal goods or weapons to attack others; information used to violate the copyright(s) of, violate the trademark(s) of or to destroy others' intellectual property or information; information used to illegally harm any people or animals; pornography, nudity, sexual products, programs or services; escort services or other content deemed adult related.
4. Profanity. Profanity or profane subject matter in the site content and in the domain name are prohibited.
5. Private Information and Images. Subscribers may not post or disclose any personal or private information about or images of children or any third party without the consent of said party (or a parent's consent in the case of a minor).
6. Violations of Intellectual Property Rights. Any violation of any person's or entity's intellectual property rights, rights of privacy, rights of publicity or other personal rights is prohibited. Host1800.com is required by law to remove or block access to content appearing on or through the Services upon receipt of proper notice of copyright infringement (see "Copyright Infringement Notice Information" below).
7. Misrepresentation of Transmission Information. Forging, misrepresenting, omitting, or deleting message headers, return mailing information and/or Internet protocol addresses to conceal or misidentify the origin of a message is prohibited.
8. Viruses and Other Destructive Activities. Use of the Services for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any Subscriber to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Services (or any connected network, system, service or equipment) or conduct their business over the Internet.
9. Hacking. "Hacking" and related activities are prohibited. "Hacking" includes, but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in hacking.
10. Anonymous Proxies. Host1800.com does not allow the use of anonymous proxy scripts on its servers. They can be very abusive to the server resources, affecting all users on that server.
11. Export Control Violations. The exportation of encryption software outside of the United States and/or violations of United States law relating to the exportation of software is prohibited. Subscriber may not export or transfer, directly or indirectly, any regulated product or information to anyone outside the United States without complying with all applicable statues, codes, ordnances, regulations, and rules imposed by U.S. federal, state or local law, or by any other applicable law.
12. Child Pornography. The use of the Services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Host1800.com is required by law to, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the Services.
13. Other Illegal Activities. The use of the Services to engage in any activity that is determined by Host1800.com, in its sole and absolute discretion, to be illegal is prohibited. Such illegal activities include, but are not limited to, storing, posting, displaying, transmitting or otherwise making available ponzi or pyramid schemes, fraudulently charging credit cards or displaying credit card information of third parties without their consent, and failure to comply with applicable on-line privacy laws. Host1800.com will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services.
14. Obscene, Defamatory, Abusive or Threatening Language. Use of the Services to store, post, transmit, display or otherwise make available obscene, defamatory, harassing, abusive or threatening language is prohibited.
15. Backup Storage. Host1800.com offers its Services to host web sites, not to store data. Using an account as an online storage space for archiving electronic files is prohibited and will result in termination of hosting services without prior notice.
16. Other Activities. Engaging in any activity that, in Host1800.com's sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the Services, Host1800.com's business, operations, reputation, goodwill, Subscribers and/or Subscriber relations, or the ability of Host1800.com's Subscribers to effectively use the Services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate these Terms. In addition, the failure of Subscriber to cooperate with Host1800.com in correcting or preventing violations of these Terms by, or that result from the activity of, a subscriber, patron, customer, invitee, visitor, or guest of the Subscriber constitutes a violation of these Terms by Subscriber.
11. COPYRIGHT NOTICE INFRINGEMENT INFORMATION
In accordance with the Digital Millennium Copyright Act, Host1800.com has adopted a policy that provides for termination of websites hosted by Host1800.com that are found to infringe on copyrights of third parties. If a copyright holder believes that there has been a violation of his or her copyright on a website that is hosted by Host1800.com or a Host1800.com subsidiary, and the copyright holder wants Host1800.com to remove the website or disable the material in question, Host1800.com will remove the website or disable the material if the copyright holder provides us with all of the following information.
1. A signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. Identification of the copyrighted work that is claimed is being infringed, or, in the case of claimed infringement of multiple copyrighted works, a representative list of such works.
2. Identification of the material that is claimed to be infringing or is the subject of infringing activity and that should be removed or access to which should be disabled, with information reasonably sufficient to permit us to locate the material.
3. Information reasonably sufficient to permit us to contact the person giving the notification, such as an address and telephone, and, if available, an electronic mail address at which such person may be contacted.
4. A statement that the person giving the notification has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
1. Promotional Pricing. Host1800.com may periodically offer "free" or discounted services or credits in connection with a promotional offer, including, without limitation, free domain name registration. Such promotional offers are honored only in connection with the specific promotional package to which they apply. In the event a Subscriber downgrades or otherwise changes his/her/its subscription to a subscription to which a promotional offer does not apply, Subscriber will forfeit any unused free credits offered under the promotional packaged and Host1800.com will charge Subscriber the prevailing fees for any free credits redeemed by Subscriber under the promotional package.
2. Backups. For its own operational efficiencies and purposes, Host1800.com from time to time backs up data on its servers, but is under no obligation or duty to Subscriber to do so under these Terms. IT IS SOLELY SUBSCRIBER'S DUTY AND RESPONSIBILITY TO BACKUP SUBSCRIBER'S FILES AND DATA ON HOST1800.COM SERVERS, AND under no circumstance will Host1800.com be liable to anyone FOR DAMAGES OF ANY KIND under any legal theory for loss of Subscriber FILES AND/or data on any Host1800.com server. Host1800.com will not attempt to back up accounts that exceed 50,000 files or 30 Gigs of space for any reason.
3. Monitoring and Disclosures. All activities occurring on, in, and/or via the Services or any website hosted by Host1800.com may be monitored, recorded, and examined by any authorized person, including as well law enforcement. In general, Host1800.com does not monitor its Subscribers' websites or activities to determine whether they are in compliance with these Terms. However, when and if Host1800.com becomes aware of any violation of these Terms, Host1800.com may take any lawful action, and in the event of illegal activity, will take action, to stop or correct such violation, including, but not limited to, shutting down a website, denying access to the Services or to the Internet via Host1800.com, and/or removing non-complying information. In addition, Host1800.com may take any lawful action against a Subscriber or a subscriber, patron, customer, invitee, visitor, or guest of such Subscriber because of the activities of such subscriber, patron, customer, invitee, visitor, or guest. Host1800.com reserves the right to take any such action even though such action may affect other subscribers, patrons, customers, invitees, visitors, or guests of the Subscriber. Host1800.com may disclose any information in its possession, including, without limitation, information about Subscribers, internet transmissions and website activity in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, governmental request, or other legal process to protect Host1800.com or others from harm, and/or to ensure the proper operation of the Services. Host1800.com has no obligation to notify any person, including the Subscriber about whom information is sought, that Host1800.com has provided the information.
4. Accurate Account Information. Subscriber must continually update and keep accurate and current Subscriber's contact information stored and saved on Host1800.com in order to avoid termination of Subscriber's Host1800.com account(s).
6. Reservation of Rights. Host1800.com reserves the right to refuse or to cancel service to any prospective Subscriber or existing Subscriber for any lawful reason at any time during Subscriber's hosting term with Host1800.com.
7. Severability. These Terms are binding upon Host1800.com, all existing and prospective Subscribers, and upon the assigns, heirs, and successors of each. If any provision of these Terms is held by any court of competent jurisdiction to be invalid or otherwise unenforceable, the rest of these Terms shall, nevertheless, continue to be valid and in full force and effect, to the extent said remaining Terms are then otherwise consistent with the original intent of the Terms of Service.
8. Governing Law. These Terms shall be governed by the laws of the State of Minnesota without reference to conflict of law principles. The United Nations Convention on the International Sale of Goods shall not apply and is hereby expressly excluded. By subscribing to or using any of the Services of Host1800.com, Subscriber agrees that all disputes, if any, involving Host1800.com shall be subject exclusively to the jurisdiction of the State and Federal Courts within the State of Minnesota; provided, further, that all action brought against Host1800.com in State Court must be brought in Ramsey County, Minnesota and, if in Federal Court, in Ramsey County, Minnesota. Subscriber hereby agrees that it is subject to the in personal jurisdiction of said courts for all purposes in connection with these Terms and/or in connection with any claim or dispute involving Host1800.com. Subscriber agrees that it has no right to and shall not file or otherwise bring a lawsuit against Host1800.com outside the State of Minnesota; and, that Subscriber, if involved before a court in a lawsuit outside of the State of Minnesota, shall be deemed to support and to stipulate to a motion made by Host1800.com to dismiss said lawsuit with respect to Host1800.com.
9. Parked Page Services. Host1800.com provides Parked Page Services on domains registered through or hosted with Host1800.com. User can opt out of the Parked Page Services at any time by simply replacing the default web page on the parked domain or pointing the DNS away from Host1800.com. By using any of the Parked Pages Services, User agrees that Host1800.com may point the domain name or DNS to one of Host1800.com's or Host1800.com's affiliates web pages, and that they may place advertising on User's web page and that Host1800.com specifically reserves this right. User shall have no right to any compensation and shall not be entitled and shall have no right to receive any funds related to the monetization of User's Parked Pages. User agrees to indemnify and hold harmless Host1800.com for any complications arising out of use of the Parked Page Services, including, but not limited to, actions Host1800.com chooses to take to remedy User's improper or illegal use of a Web site hosted by Host1800.com. User agrees it is not entitled to a refund of any fees paid to Host1800.com. If a dispute arises as a result of one or more of User's Parked Pages, User will indemnify, defend and hold Host1800.com harmless for damages arising out of such dispute. User also agrees that if Host1800.com is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a Web site hosted by Host1800.com that Host1800.com, in its sole discretion, may take whatever action Host1800.com deems necessary regarding further modification, assignment of and/or control of the Web site to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled.
13. WARRANTY DISCLAIMER - LIMITATIONS – INDEMNIFICATION
1. Warranty Disclaimer. YOU, THE SUBSCRIBER, ACKNOWLEDGE THAT THE SERVICES AND THE SOFTWARE ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND. HOST1800.COM HEREBY DISCLAIMS ANY WARRANTY OR CONDITION WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE SERVICES AND SOFTWARE, OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SERVICES AND SOFTWARE, OR THAT THE SERVICES AND SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES AND SOFTWARE MAY CONTAIN ERRORS. NO ADVICE OR INFORMATION GIVEN BY HOST1800.COM OR HOST1800.COM'S REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, SUBSCRIBER SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. HOST1800.COM DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OF COMPUTER PROGRAMS AND CONTENT. HOST1800.COM DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. HOST1800.COM DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR HOST1800.COM IN PARTICULAR.
2. Limitations on Host1800.com's Liability. HOST1800.COM SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL HOST1800.COM BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, CONVERSION, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT HOST1800.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. HOST1800.COM SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. HOST1800.COM'S ENTIRE LIABILITY AND SUBSCRIBER'S EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SERVICES IS THE CANCELLATION OF SUBSCRIBER'S ACCOUNT AS SET FORTH HEREIN. IN NO EVENT SHALL HOST1800.COM'S LIABILITY TO YOU, THE SUBSCRIBER, EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU, THE SUBSCRIBER, TO HOST1800.COM FOR THE PRIOR ONE MONTH PERIOD. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU, THE SUBSCRIBER, MORE THAN ONE YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION . SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, HOST1800.COM'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
3. Indemnification of Host1800.com. You, the Subscriber, agree to defend, indemnify and hold Host1800.com, its affiliates and its sponsors, partners, other co-branders and the respective directors, officers and employees of each harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys' fees and court costs) arising out of or relating to your breach of any of these Terms or use by you or any third party of the Services, except to the extent the foregoing directly result from Host1800.com's own gross negligence or wilful misconduct. Host1800.com reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, the Subscriber.
14. PROHIBITED PERSONS (COUNTRIES, ENTITIES, AND INDIVIDUALS)
1. Sanctioned Countries. The government of the United States of America, through various of its offices and agencies, including but not limited to, through one or more Executive Orders of the President of the United States, through rules and regulations of the United States Department of State, Department of the Treasury, and Department of Commerce, has determined that, with respect to all or certain commercial activities that would otherwise occur between i) the United States, its citizens or residents on the one hand and ii) the governments, citizens, or residents of certain other countries ("Sanctioned Countries") on the other hand, said commercial activities are to be prohibited, embargoed, sanctioned, banned, and/or otherwise excluded. "Sanctioned Countries" shall be deemed automatically to be added to or otherwise modified from time to time consistent with the determination(s) of the government of the United States, and shall include all other countries with respect to which commercial activities are prohibited, embargoed, sanctioned, banned and/or otherwise excluded by determination(s) of the government of the United States from time to time.
i. Each Sanctioned Country, all governmental, commercial, or other entities located therein, and all individuals located in any Sanctioned Country are hereby prohibited from registering or signing up with, subscribing to, or using any service of Host1800.com.
ii. Each individual which is a National or Citizen of a Sanctioned Country is hereby prohibited from registering or signing up with, subscribing to, or using any service of Host1800.com, regardless of where said individual is located.
2 Prohibited Organizations/Entities. The government of the United States of America, through various of its offices and agencies, including but not limited to, through one or more Executive Orders of the President of the United States, through rules and regulations of the United States Department of State, Department of the Treasury, and Department of Commerce, has determined that certain organizations and/or entities (collectively "Prohibited Organizations/Entities" and individually "Prohibited Organization/Entity") are to be prohibited, embargoed, sanctioned, banned, and/or otherwise excluded from all or certain commercial transactions with the United States, its citizens and residents. The Prohibited Organizations/Entities are those as set forth in the applicable records of the government of the United States, including without limit those set forth at: http://www.ustreas.gov/ofac; and, http://www.ustreas.gov/offices/enforcement/ofac/programs/terror/terror.pdf, as said determinations and resulting records may be amended, updated, or otherwise modified from time to time.
Each Prohibited Organization/Entity is hereby prohibited from registering or signing up with, subscribing to, or using any service of Host1800.com.
3 Prohibited Individuals. The government of the United States of America, through various of its offices and agencies, including but not limited to, through one or more Executive Orders of the President of the United States, through rules and regulations of the United States Department of State, Department of the Treasury, and Department of Commerce, has determined that certain individuals (collectively "Prohibited Individuals" and individually "Prohibited Individual"), including without limit, certain Specially Designated Nationals are to be prohibited, embargoed, sanctioned, banned, and/or otherwise excluded from all or certain commercial transactions with the United States, its citizens and residents. The Prohibited Individuals are those as set forth in the applicable records of the government of the United States, including without limit those set forth at: http://www.ustreas.gov/ofac; and, http://www.ustreas.gov/offices/enforcement/ofac/programs/terror/terror.pdf, as said determinations and resulting records may be amended, updated, or otherwise modified from time to time.
Each Prohibited Individual is hereby prohibited from registering or signing up with, subscribing to, or using any service of Host1800.com.
IF YOU, FOR YOURSELF OR ON BEHALF OF ONE OR MORE PERSONS YOU ARE REPRESENTING WITH RESPECT TO HOST1800.COM SERVICES, DO NOT AGREE TO ANY OF THE FOREGOING TERMS, YOU MUST, FOR YOURSELF AND ON BEHALF ANY SUCH PERSON(S), DISCONTINUE THE REGISTRATION PROCESS, DISCONTINUE YOUR USE OF THE SERVICES, AND, IF YOU ARE ALREADY A MEMBER, CANCEL YOUR HOST1800.COM ACCOUNT. BEGINNING NOW, ANY CONTINUATION BY YOU IN USING THE SERVICES CONSTITUTES FOR YOU AND THOSE REPRESENTED BY YOU AN EXPRESS AFFIRMATION AND COMMITMENT TO BE (OR TO CONTINUE TO BE, AS APPLICABLE) LEGALLY BOUND BY AND TO COMPLY WITH ALL OF THESE TERMS.
The following is web design and hosting contract; this contract is part of terms of services.
Website Design and Development Contract
For: client's name
1. Host1800 Inc, will plan, design, and code a web site for the individual or corporation named above, referred to in this document as "Client", to the specifications in the attached (client's name or domain name of client's business)
2. The estimate included here covers only that which is described in the (client's name or domain name of client's business). Additional work will result in additional charges. Additional work is defined as the addition of pages, graphics, or other significant features, any graphic, page design, or actual page requiring more than two rounds of revisions, revisions to text content provided ready for publication, changes to elements which have been finalized, or significant changes in plan, scope, or direction of project. In this case, Client will be provided with a written CHANGE ORDER including an estimate for the additional work.
3. The process for the creation of visuals, such as graphics and page designs, consists of Host1800 Inc providing drafts and asking for feedback from Client; the feedback is then used to produce another draft. This estimate assumes that 2 rounds of this process for each design element will suffice.
4. Text content will be provided by Client as final drafts ready for publication and in digital form. In some instances, text content will be provided by client as "rough" drafts to be edited and finalized for publication by Host1800 Inc. Graphic content will be provided by Client in an orderly manner and clearly labeled as to desired use on site.
5. To maintain our portfolio credentials, and the integrity of any applicable copyrights, Host1800 Inc shall be entitled to place an unobtrusive credit with a hypertext link ("Web Site Design by…") in the footer on each page of the web site. Host1800 Inc is also entitled to reproduce samples of Client's web site in our portfolio and in any marketing materials.
6. Host1800 Inc may use qualified subcontractors under our supervision for any or all work on this project.
ESTIMATE AND PAYMENT ARRANGEMENTS
7 Host1800 Inc estimates that the cost for producing the site described in the attached (client's name or domain name of client's business) will be $ ( the amount of contract)
8. Client agrees to pay Host1800 for any additional expenses necessary for the completion of the work. Examples would be (but are not limited to), purchase of special fonts, graphics, stock photography, templates, themes, software, scripts, etc. Where additional expenses would be required Host1800 Inc will seek the Client's approval before making any purchases.
9. Clients agree to pay Host 1800 for additional work beyond the first approves the design and the original instruction (requirements) of web design. Examples would be ( but not limited to), the major change on page layout, header, theme, logo, default settings, default font size, default color on CMS, and default size of pictures, etc.
10. Payment shall be made as follows:
A deposit of ½ of estimated total, (deposit amount), is due upon signing of this Agreement, or from the first day of hosting a website. A final payment (adjusted again for changes in estimate if necessary) is due upon completion of site as specified.
11. If the production process takes longer than 60 days, billing will switch to semi-monthly and will be based on hours expended, while still honoring this estimate, with invoices sent mid-month and at month's end.
12. In the event of the cancellation of this assignment, or any delay of more than 90 days, we will invoice you for the greater of either: (1) all work completed up to the date of notification, based upon the percentage of the project finished, including expenses; or (2) 20% of the agreed-upon estimate plus expenses, and this contract shall be considered fulfilled by Host1800 Inc. All incomplete work will remain the property of Host1800 Inc. All payments already made will first be applied to these charges.
OTHER LEGAL AGREEMENTS
13. Host1800 Inc will maintain the confidentiality of Client's source materials, technical and marketing plans and all other sensitive information.
14. Host1800 Inc and Client agree that any dispute arising out of this Agreement shall first be resolved by mediation, if possible. This contract was entered into in Ramsey County, Minnesota, (you can put your county name and state here) and any necessary arbitration or litigation will take place in this county.
15. Upon full payment of all invoices due, copyright to page designs produced by Host1800 Inc for Client shall belong to Client. Secondary materials created by Host1800 Inc during production, including drafts, plans, graphic source files, and templates, remain the sole property of Host1800 Inc unless other arrangements are made.
16. Client is solely responsible for the editorial content of the material included on its website. Accordingly, Client agrees that it will defend and indemnify (hold harmless) Host1800 Inc from any suit, demand, or claim resulting from the editorial content of the website.
17. Client represents to Host1800 Inc and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Host1800 Inc for inclusion in Client's web site are owned by Client, or that Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend Host1800 Inc and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.
18. If web design comes with hosting plan of Host1800, Host800 Inc will set up web hosting for Client at a charge of $10.99/mo (if they go with different pack, this amount will be different accordingly) due yearly after mm/dd/yy. Hosting fees may be paid bi annually or annually. However, Host1800 Inc makes no guarantees as to minimum "uptime", nor shall Host1800 Inc be held responsible for any direct, indirect, special or consequential damages resulting from possible lapses in hosting services. Such possible damages include any lost profits or business interruption or loss of digital data.
19. Host1800 Inc will not be liable to Client or to any third party for any damages arising from the use of web site.
19. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
20. To be valid, this Agreement should be signed within 30 days of mm/dd/yy and be accompanied by a deposit check of the amount specified above.
21. If this Agreement is not signed between clients and Host1800, it is still being valid if:
a. Domain name of subscriber (client) is registered by Host 1800
b. Domain name of subscriber is hosted on the server of Host1800.com
c. Any order is made by phone, fax and e-mail
22. To be valid, this Agreement must have an attached (client's name or domain name of client's business) document, initialed and dated by Host1800 Inc and Client, or the payment invoice for hosting plan
23. This Agreement may have attachments consisting of one or more initialed and dated CHANGE ORDERS, whose terms shall become part of this contract.
Our signatures below indicate our agreement with the terms of this contract:
Business Representative Date
Host1800 Representative Date