WEB
HOSTING SERVICE CONTRACT
This Agreement is between Homer Web Hosting
(hereafter referred to as "Provider") and you, the customer
(whether in single or plural form, in individual or business
form, in proprietorship, partnership or corporate form)
(hereafter referred to as "Client") The Provider agrees to
provide, and Client agrees to accept through Provider access
to Web Hosting services according to the following terms and
conditions:
1. TERMS:
a) The parties agree to a month to month or
yearly contract, beginning after Provider's receipt of payment
of the initial monthly or other service fee.
b) This Agreement will automatically renew for
successive single month periods unless canceled in writing
7 days prior to the monthly renewal date. Which shall be that
date thirty days from receipt by Provider of payment of Clients
compensation payable to Provider.
c) A one time per month late charge of Ten
Dollars ($10.00) will be charged to Client if a period of
ten days has passed with out Provider's receipt of payment.
Provider, at it's sole discretion, also has the option to
terminate or otherwise deactivate the Client's account without
any notice.
d) If Provider's receipt of payment is not obtained
within 15 days of due date. Provider, at it's sole discretion,
also has the option to terminate or otherwise deactivate the
Client's account without any notice.
2. INDEMNIFICATION:
a) CLIENT HEREBY AGREES THAT ANY MATERIAL SUBMITTED
FOR PUBLICATION ON PROVIDER THROUGH CLIENT'S ACCOUNT(S) WILL
NOT CONTAIN ANYTHING LEADING TO AN ABUSIVE OR UNETHICAL USE
OF THE WEB HOSTING PRODUCT(S) OR THE HOST SERVER(S). ABUSIVE
AND UNETHICAL MATERIALS AND USES INCLUDES, BUT IS NOT LIMITED
TO, PORNOGRAPHY, OBSCENITY, NUDITY, VIOLATIONS OF PRIVACY,
COMPUTER VIRUSES, ANY HARASSING AND HARMFUL MATERIAL OR USES,
ANY ILLEGAL ACTIVITY, OR MATERIAL ADVOCATING ILLEGAL ACTIVITY,
OR TO TRANSMIT ANY TEXT, DATA, GRAPHICS OR OTHER MATERIAL
IN VIOLATION OF ANY CIVIL OR CRIMINAL LAW, INCLUDING COPYRIGHT
AND/OR TRADEMARK LAW, TRADE SECRETS AND PRIVACY ACTS. YOU
SHALL NOT USE THE SERVICE TO TRANSMIT OR RECEIVE OR AS A REPOSITORY
FOR ANY MATERIAL DEEMED ILLEGAL BY ANY LOCAL, STATE, FEDERAL
OR INTERNATIONAL LAW, AND ANY INFRINGEMENT OF PRIVACY OR LIBEL.
YOU SHALL NOT USE THE SERVICE TO DISTRIBUTE OR CAUSE OR ALLOW
TO BE DISTRIBUTED ANY UNSOLICITED OR BULK E-MAIL OR WHAT IS
COMMONLY KNOWN AS SPAM
b) Client agrees that it shall defend, indemnify,
save and hold Provider harmless from any and all demands,
liabilities, losses, costs and claims, including reasonable
attorneys' fees, ("Liabilities") asserted against Provider,
its clients, that may arise or result from publication or
use of client's materials, any service provided or performed
or agreed to be performed or any product sold by Client, its
agents, employees or assigns. Client agrees to defend, indemnify
and hold harmless Provider against Liabilities arising out
of (I) any injury to person or property caused by any products
or services sold or otherwise distributed in connection with
Provider's Web Hosting service; (ii) any material supplied
by Client infringing on the proprietary rights of a third
party; (iii) copyright infringement and (iv) any defective
product which Client sold on the Web Hosting.
3. DISCLAIMER OF WARRANTY:
a) PROVIDER'S SERVICE IS PROVIDED ON AN "AS
IS, AS AVAILABLE" BASIS. DUE TO PROVIDER'S RELATIONSHIP WITH
ON LINE NETWORKS, THE PROVIDER GIVES NO WARRANTY, EXPRESSED
OR IMPLIED, FOR THE WEB HOSTING SERVICES PROVIDED, INCLUDING
WITHOUT LIMITATION, WARRANTY OF THE MERCHANT ABILITY AND WARRANTY
OF FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF WARRANTY
EXPRESSLY DISCLAIMS ANY RIGHT TO REIMBURSEMENT FOR DIRECT
OR CONSEQUENTIAL LOSSES, INCLUDING BUT NOT LIMITED TO LOSSES
OF INCOME, DUE TO DISRUPTION OF SERVICE BY PROVIDER OR ITS
PROVIDERS BEYOND THE FEES PAID BY CLIENT TO PROVIDER FOR SERVICES.
b) Client expressly agrees that use of Provider's
service is at Client's sole risk. Provider, and third party
information providers indicate Provider's Web Hosting service
may be interrupted and is not likely to be error free. Provider
makes no warranty as to the results that may be obtained from
the use of the Web Hosting service or as to the accuracy,
reliability or content of any information service or merchandise
contained in or provided through the Web Hosting service,
unless otherwise expressly stated in this Agreement.
c) Under no circumstances, shall Provider be
liable for any direct, indirect, incidental, special or consequential
damages that result from the use of or inability to use the
Provider's Web Hosting services; or that results from mistakes,
omissions, interruptions, deletion or loss of files or data,
errors, defects, delays in operation, or of performance, whether
or not limited to acts of God, communication failure. Client
maintains sole responsibility for data backups and restoration.
Client hereby acknowledges that this paragraph shall apply
to all content on Provider's Web Hosting services. Client
is solely responsible for maintaining data, file, and directory
structure back-ups.
4. TERMINATION:
This Agreement may be terminated by either party.
Outstanding invoices are not affected by termination. Provider
may terminate service under this Agreement at any time, without
penalty, if Client fails to comply with the terms of this
Agreement.
5. ENTIRE UNDERSTANDING:
a) This Agreement contained in this Contract
constitutes the sole agreement between Provider and Client
regarding its Web Hosting service.
b) Client will use the Web Hosting services
in a manner consistent with any and all applicable laws of
the state of Alaska, and any other states in which the client
lives. Signing up for an account binds the clients to the
above contract.
* Accounts exceeding the allotted Disk Space
limit shall be charged at the rate of $1.00 per megabyte,
per month.
