The following Agreement is between HOST 1UP, Inc. (“HOST 1UP”) (“Customer”) WHEREAS, HOST 1UP is an Internet Service Provider offering server collocation, remote backup, web hosting, storage and transfer of both personal and private documents and other information over the Internet; WHEREAS, Customer seeks to use these servers for its own purposes; WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, HOST 1UP can make no guarantee that any given party shall be able to access the server made available by HOST 1UP at any given time. HOST 1UP represents that it shall in good faith, make every effort to ensure that the service is available with the greatest possible uptime; NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;
Length of service
Customer agrees to an initial (1) one month, three (3) month, six (6) month, or twelve (12) month contractual term of service (“Term”). The length of contract required is based on the type of service desired by the Customer and shall be determined solely by HOST 1UP.
Service start date
The first payment plus setup charges, if any, shall be due in advance of any service provided. Service shall begin upon HOST 1UP's receipt of signed Agreement, and payment for such first Term of service or upon a mutually agreed upon other date.
Renewal by Customer
This agreement will automatically renew for successive three (3) or six (6) month Terms unless canceled in writing by Customer at least 30 days prior to the end of Term renewal date. Renewal prices are subject to change. Renewal of services by Customer indicates agreement to any Contract revisions and price changes.
Failure to pay
In the case of a web site hosted on a HOST 1UP hosting server, failure of Customer to remit payment to HOST 1UP by the invoice due date is cause for removal of the Customer's web site files from the HOST 1UP hosting server. Customer agrees that HOST 1UP shall not be held liable for such removal or disconnection. In the case of a customer's co-located server, failure of a Customer to remit payment to HOST 1UP by the invoice due date is cause for the server to be disconnected from the HOST 1UP network and unplugged without further notification by HOST 1UP. Customer agrees that HOST 1UP shall not be held liable for such removal or disconnection. Disconnected customer-owned equipment shall be returned to the customer only upon full payment of outstanding invoices, less any credits due based on our Refund Policy, below. HOST 1UP shall not be held responsible for such equipment when held in such disconnected/unplugged fashion for over sixty days, after which the equipment will be deemed to be abandoned by the customer.
Customer is responsible for all bandwidth overages. Bandwidht Overages are calculated in Megabits per second on the 95th percentil billing model. Bandwidth Overages are any excess amount of bandwidth used over the alloted amount of bandwidth per the service agreement or service subscription. This applies to all services offered by HOST 1UP, Inc. unless specifically stated in the service agreement or the terms of your service subscription that no bandwidth overages occur. Bandwidth overages are calculated at 30, 90 and 180 day intervals depending on the type of service you subscribe to. Bandwidth overages bills must be paid within 48 hours of receipt to avoid disconnection of service. There are some cases where the 48 hour due does not apply. Please contact your account manager or review the terms of the SLA you've most recently received with your service.
HOST 1UP shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made by Customer or HOST 1UP's server. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.
Material and Products
HOST 1UP will exercise no control whatsoever over the content of the information passing through the network except for what is noted in section IX of this agreement, relating to Lawful Purpose, and with respect to the HOST 1UP Policies and Terms Of Service Agreement.
HOST 1UP makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. HOST 1UP also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of HOST 1UP is at the Customer's own risk, and HOST 1UP specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of an end-to-end connection. HOST 1UP does not represent guarantees of speed or availability of end-to-end connections. HOST 1UP expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. HOST 1UP specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
Trademarks & Copyrights
Customer warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service.
Customer certifies that he or she is of full legal age to enter into this agreement.
HOST 1UP takes Network and Internet security and Network Availability very seriously. Customer agrees to all terms in the HOST 1UP Policies and Terms of Service Agreement HOST 1UP network resources used by Customer may not be used to impersonate another person or misrepresent authorization to act on behalf of others or HOST 1UP. All messages, packets, document, and data of any kind transmitted by Customer should correctly identify the sender. Users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access.
Customer may not under any circumstances, unless notified in writing by HOST 1UP, use bulk mailing services, or participate in a bulk mailing service of any kind whether Solicited, Opt-In, or Unsolicited on, or in relation to HOST 1UP network. Customer may not under any circumstances send UCE (Unsolicited Commercial Email) or Unsolicited Email of any sort to any individual, corporation or entity of any sort on or off of HOST 1UP network.
Customer acknowledges that sending unsolicited email of any sort leaves the HOST 1UP network subject to blacklisting and other forms of service revocation or Denial of Service. Customer agrees to pay damages to HOST 1UP for any such revocation of service due to Customers’ failure to comply with the terms of this Agreement.
Failure to comply with HOST 1UP email policy is grounds for immediate termination of this agreement, and additional charges for damages suffered by HOST 1UP. HOST 1UP does not allow the storage, sale, or proxy of any pornographic material of any kind on it’s servers, or network. Failure to comply with this policy is grounds for immediate termination. HOST 1UP does not allow the storage, sale, or proxy of any gambling related services or games of any kind on it’s servers, or network. Failure to comply with this policy is grounds for immediate termination.
This Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice. Written notice may be via postal mail, or fax transmission. HOST 1UP reserves the right to verify all cancellations before terminating service. Notwithstanding the above, HOST 1UP may terminate service under this Agreement at any time, without penalty, if the Customer fails to comply with any of the terms of this Agreement. Termination for any violation of the HOST 1UP Policies and Terms of Service Agreement shall be immediate. HOST 1UP may, at its option, cancel or suspend service immediately should it believe Customer has violated or is about to violate the HOST 1UP Terms of Service agreement located at http://www.HOST 1UP.com/legal/ToS, or should the Customer fail to remit payment to HOST 1UP by the Customer's invoice due date.
Customer will be liable for certain fees and damages relating to termination when such termination is due to Unsolicited Commercial E-Mail. Such fees are outlined in the HOST 1UP Policies and Terms of Service Agreement.
Notice of cancellation
Written notice of cancellation may be by postal mail, or fax transmission.
Customer expressly agrees that use of the Server and Services offered by HOST 1UP is at Customer's sole risk. Neither HOST 1UP, its employees, affiliates, agents, merchants licensers or the like, warrant that the 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 service or merchandise contained in or provided through the HOST 1UP Server service. Agreement.
Under no circumstances, including negligence, shall HOST 1UP, its offices, agents or anyone else involved in creating, producing or distributing HOST 1UP's services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use HOST 1UP services; 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 Natural Disaster (Commonly referred to as acts of God), communication failure, theft, destruction or unauthorized access to HOST 1UP's records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on HOST 1UP's Server service.
Notwithstanding the above, Customer'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 Customer paid during the first term of this Agreement.
Customer may only use HOST 1UP's Server service for lawful purposes. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secrets.
Customer agrees that it shall defend, indemnify, save and hold HOST 1UP harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees asserted against HOST 1UP, its agents, its customers, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless HOST 1UP against Liabilities arising out of any of the following:
any injury to person or property caused by any products sold or otherwise distributed in connection with HOST 1UP's service;
any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party;
copyright infringement; and any defective product which Customer sold on the Services offered by HOST 1UP.
Domain Name Ownership, Disputes, and Use Any domain name registered by HOST 1UP on behalf of Customer is the property of said Customer after the Customer has paid HOST 1UP any registration fees that HOST 1UP has incurred on behalf of the Customer. HOST 1UP claims no ownership over Customer domain names that the Customer has paid to register. At its option, HOST 1UP will either arrange for any billing for names registered by HOST 1UP on behalf of Customer to be sent directly by the registrar or agent thereof to the Customer, or HOST 1UP will directly bill the Customer for these registration fees plus applicable expenses, and/or service charges, if any.
Customer agrees that HOST 1UP may be presented with information that Customer's domain name possibly violates the trademark rights or other intellectual property rights of a trademark or other intellectual property rights owner. In case of such action, Customer agrees to the following:
Customer agrees to hold HOST 1UP harmless of any action taken by such owner regardless of the outcome of such dispute and regardless of whether Domain Name Service hosting for Customer's domain is hosted at or continued to be hosted at HOST 1UP.
Customer agrees that HOST 1UP has the right to discontinue name service in the event of such dispute over a Customer's domain name.
Customer agrees that should HOST 1UP discontinue name service for Customer's domain upon notification of such dispute that that HOST 1UP will not be liable for any loss of business, interruption of business, loss of Customer's domain name, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if HOST 1UP has been advised of the possibility of such damages.
In no event shall HOST 1UP's maximum liability exceed one hundred ($100.00) dollars.
Customer agrees that a HOST 1UP contact person shall be named as the "technical or zone contact" for any domains hosted at HOST 1UP. Customer agrees that HOST 1UP may create and use network resources using the Customer's domain name for administrative, testing, and network infrastructure enhancement purposes.
Revisions to this Contract will be considered agreed to by the Customer on renewal of HOST 1UP Services as specified in Section I. Financial Arrangements.
This Agreement and HOST 1UP Policies and Terms of Service Agreement constitute the entire Agreement and understanding of the parties. Any changes or modifications to this Contract are agreed to by the parties upon renewal of services.
This Agreement shall be governed and construed in accordance with the laws of the State of California.
If you have any questions regarding the information on this page please contact firstname.lastname@example.org.