THIS WEB HOSTING SERVICES AGREEMENT (“Agreement”) is made by and between Dev2Host LLC (“Agency”) and any person who completes the registration process to open and maintain an account with Agency’s hosting services (“Subscriber” together referred to as “Parties” and Agency’s services “Services”). This Agreement shall have an effective date of the date Subscriber completes the online registration process for Agency’s services (“Effective Date”).
BY CLICKING THE ACCEPTANCE BUTTON OR ACCESSING OR USING ANY PART OF THE SERVICE, SUBSCRIBER EXPRESSLY AGREES TO AND CONSENTS TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF SUBSCRIBER DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THE BUTTON INDICATING NON-ACCEPTANCE MUST BE SELECTED. IF NON-ACCEPTANCE IS SELECTED, AGENCY WILL PROMPTLY CANCEL THIS TRANSACTION AND SUBSCRIBER MAY NOT ACCESS OR USE ANY PART OF THE SERVICE.
AGREEMENT
WEBSITE OWNER RESPONSIBILITIES
As a provider of web site hosting and other Internet-related services, Agency offers its customer (“Subscriber”) and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. The Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, Agency reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, Agency has developed an Acceptable Use Policy (“AUP”), which supplements and explains certain terms of each customer’s respective service agreement, and is intended as a guide to the customer’s rights and obligations when using Agency services. This AUP will be revised from time to time.
One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet’s openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Agency cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because Agency cannot monitor or censor the Internet, and will not attempt to do so, Agency cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.
When subscribers disseminate information from the Internet, they must keep in mind that Agency does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over Agency network and may reach a large number of people, including both subscribers and non-subscribers of Agency, subscribers’ postings to the Internet may affect other subscribers and may affect Agency’s goodwill, business, reputation or operations. For these reasons, subscribers violate Agency policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:
Owners of websites that have been developed or are hosted on Agency servers are 100% responsible for any fees or legal action related to their websites that might occur due to hacking activity or other. By activating your account you are responsible for maintaining security of the said account, as well as your website code and Agency reserves the right to terminate a hosting account at anytime. Any hacking activity is the responsibility of the website owner, although Agency will be available to help mitigate such issues to secure said websites. Website owners are responsible to keep their code updated. Agency offers maintenance on WordPress websites to help owners keep their sites up to date and secure, but cannot be held accountable for any fines or fees. eCommerce owners that host and sell with Agency are not allowed to sell illegal products.
AUTHORIZED USE POLICY (“AUP”)
Engaging in activities, whether lawful or unlawful, that Agency determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.
As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. Agency will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with Agency policy or applicable law. However, when Agency becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by Agency.
Agency is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching Agency facilities from those subscribers may have originated from a customer of the subscriber or from another third party. Agency does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Agency reserves the right to directly take action against a customer of its subscribers. Also, Agency may take action against the Agency subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, Agency anticipates that subscribers who offer Internet services will cooperate with Agency in any corrective or preventive action that Agency deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Agency policy.
Agency will not intentionally monitor private electronic mail messages sent or received by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. Agency may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Agency may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. Agency assumes no obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, Agency may disclose subscriber information or information transmitted over its network where necessary to protect Agency and others from harm, or where such disclosure is necessary to the proper operation of the system. However, Agency will never sell information to other services or outside companies.
Agency expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber’s failure to comply with those laws will violate Agency policy. Finally, Agency wishes to emphasize that, in signing the Service Agreement, subscribers indemnify Agency for any violation of the Service Agreement, law or Agency policy resulting in loss to Agency or the bringing of any claim against Agency by any third party. This means that, if Agency is sued because of a subscriber’s or customer of a subscriber’s activity, the subscriber will be responsible for payment of any damages awarded against Agency, plus costs and reasonable attorney’s fees.
All services provided by Agency (“dev2host”) may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. Subscriber agrees to indemnify and hold harmless Agency from any claims resulting from the use of service which damages the subscriber or any other party.
Agency will not provide hosting services to any website that promotes any illegal activity or presents content that may be damaging to Agency servers, or any other server on the Internet. Links to such materials are also prohibited. If any account is found to contain illegal activity, illegal mp3 files, pirated software, hacker programs, warez programs, or any other illegal files, the account will be terminated immediately.
Examples of unacceptable content or links: The following is a non-exclusive list of the types of content that falls outside the AUP, and will cause immediate termination of your account as described above:
TERM AND PAYMENT
Billing (includes dedicated servers): By the Account Activation Date of each month, Agency shall either:
(1) debit the Subscriber’s credit card (when such information has been provided by the Subscriber); or
(2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to Subscriber, payment shall be remitted to Agency by no later than the specified payment due date. Agency shall be entitled to immediately terminate this agreement for Subscriber’s failure to make timely payments. Subscriber will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly basis. It Subscriber’s responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.
Service Fees (includes dedicated servers): Certain services carry a setup fee charged by Agency to Subscriber, which must be paid by Subscriber in order to have use of said services. If Subscriber terminates this agreement, Subscriber shall be responsible for any and all outstanding fees owed to Agency and agrees to pay any and all fees incurred by Subscriber. Because the services are provided on a monthly basis, the Subscriber will be responsible for service fees incurred each month, regardless of when Subscriber provides notice of termination. Thus, for example, if the Subscriber provides notice of termination on the 15th day of a particular month, the Subscriber will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.
Money back guarantee & refund policy: We offer a 30-day Money back guarantee. (dedicated servers not included) Refunds: If Subscriber has retained the services for one year and has pre-paid Agency for such services, refunds will be issued for any unused full month of the services, upon Subscriber’s request. Therefore, if service is cancelled at any point during the one-year term, Subscriber will be entitled to a refund for the months remaining, after 30-day notice given by the 25th day of the preceding month.
TERMINATION OF SERVICE
Termination and Suspension of Service: The Parties agree that Agency shall have the authority to suspend or terminate hosting services if the Subscriber is in violation of the Authorized Use Policy or if Agency receives notice of violation from any local, state, or federal government agency that Subscriber is in violation of any local, state, or federal law or regulation.
Account Deactivations: Any account deactivated due to non-payment will require a reactivation fee of $20.00 prior to reactivation.
Cancellation Refunds: Agency DO NOT refund partial monthly fees to accounts and requires 30 days’ notice for a cancellation (unless service has been pre-paid for the year).
Refusal of Service: Agency reserves the right to refuse, cancel or suspend service, at Agency’s sole discretion.
PRIVACY
Information Automatically Logged: Agency uses Subscriber’s IP address to help diagnose problems with the server and to administer the Web site. Agency uses this information for no other purpose.
Order Forms: Agency’s site uses an order form for customers to request services. (256-bit encryption).
Billing Information: Agency collects sensitive information which is used only for billing purposes, and Agency provides that information to no third parties. Included in this information is Subscriber’s contact information to communicate with Subscriber and unique identifiers as necessary to verify Subscriber’s identity.
Security: This site has security measures in place to protect the loss, misuse, and alteration of the information under our control. Agency uses strong SSL encryption and firewalls to ensure Subscriber’s privacy.
No Third-Parties: Information collected on this site is strictly for Agency’s use. NO OTHER OUTSIDE PERSONS MAY VIEW YOUR PERSONAL INFORMATION SUCH BILLING INFORMATION, ETC.
MISCELLANEOUS
Limitation of Liability (includes dedicated server): Agency shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Agency servers going off-line or being unavailable for any reason whatsoever. Furthermore, Agency shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Agency servers. All damages shall be limited to the immediate termination of service.
Disclaimer (includes dedicated server management): Agency cannot be held liable for system down time, crashes or data loss. Agency cannot be held liable for any predicated estimate of profits which a subscriber would have gained if their site was functioning. Certain services provided by Agency are resold. Thus, certain equipment, routing, software and programming used by Agency are not directly owned or written by Agency. Moreover, Agency holds no responsibility for the use of subscriber’s accounts.
Account Activation: By activating your account with Agency, Subscriber agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.
Server Uptime Guarantee: Agency guarantees 99% service (http, sFtp, pop, imap, smtp) uptime on all hosting plans. Should we fail to deliver this for any given calendar month, your account will be refunded a pro-rated amount for the duration of excessive downtime.
Agency reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.
Contacting the Web Site: If Subscriber has any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact: legal@dev2host.com
Counterparts: This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which together, shall constitute one and the same document. All parties hereto consent to the use of electronic signatures for the execution of this Agreement, and the signatures may be transmitted by facsimile, electronic mail, or any other such similar methods.
Entire Agreement: The Parties intend for this to be the entire agreement between the Parties, and any and all changes to this agreement shall be written and signed by all Parties hereto.
Authorization to Sign: Each party hereby guarantees, warrants, and represents to the other that the individual or individuals signing this Agreement on behalf of such party have the power, authority, and legal capacity to sign this Agreement on behalf of and to bind all entities on whose behalf such individual or individuals have signed.
Refusal of Service: Agency reserves the right to refuse, cancel or suspend service, at Agency’s sole discretion. All sub-networks, distributive hosting sites and dedicated servers of Agency must adhere to the above policies, with the exception of system resources in respect to dedicated servers.