|
PetRescue
Hosting is owned and operated at this time solely by Jim Williamson. This is
not a 'business' as such, and is simply one person sharing space and
bandwidth with others in an effort to provide proper webhosting for animal
rescue organizations and web-businesses related to animal rescue.
As used in this Agreement, "PetRescue
Hosting" means
Jim Williamson, and "Client", "you", or "your" means
you. By clicking on the "Order" button, you acknowledge that you have read
the Agreement, and you agree to its terms and conditions and all policies
posted on the PetRescue Hosting site. As referred to in this Agreement,
"Site" refers to a World Wide Web site and "PetRescue Hosting Site"
refers to the Site located at the URL http://www.petrescuehosting.com,
or any other successor Sites owned or maintained by PetRescue Hosting.
1. APPROPRIATE USE OF THE SERVICES.
Client Content:
Client agrees that it will not distribute,
electronically transmit or display any materials supplied by Client - or
through Client by a third party - to any PetRescue Hosting server in
connection with Client's use of the Services which: violate any state,
federal or foreign laws or regulations; infringe on any intellectual
property rights (e.g., copyright, trademark, patent or other proprietary
rights) of Insider Hosting or any third party; are defamatory, slanderous or
trade libelous; are threatening or harassing; are discriminatory based on
gender, race, age or promotes hate violate any PetRescue Hosting policy
posted on the PetRescue Hosting Site. You agree that you will not send
malicious e-mails which contain viruses or other computer programming
defects which result in damage to PetRescue Hosting or any third party.
PetRescue
Hosting will be the sole arbiter as to what constitutes a violation of
this provision.
Chat Rooms:
We do not
allow clients to install their own cgi or php chat rooms. These tend to be a
large drain on system resources and we cannot allow it as an account option.
However, a chat room is provided with the Cpanel interface which you may
use.
Forum Boards:
We currently
allow only PHP driven forum boards. Flat-file boards are bandwidth hogs and
will not be tolerated. A good one to try is phpBB This is a good, free,
board that will not take up excessive bandwidth on the servers. It can be
found on your control panel.
Spam:
Client shall not use the Services for chain
letters, junk mail, spamming, or any use of distribution lists to any person
who has not given specific permission to be included in such a process.
Client also shall not engage in any unsolicited email practices at Insider
Hosting, or otherwise, that mentions or reference any domain hosted on
Insider Hosting servers or parked on Insider Hosting DNS servers. NOTE: THIS
POLICY APPLIES TO VIRTUAL SERVER ACCOUNTS, RESELLERS AND THEIR RESOLD
ACCOUNTS, DEDICATED SERVER CUSTOMERS, AND ALL DOMAINS, NAMES SERVERS AND
PARKED DOMAINS HOSTED ON THE SERVER. (Violators will be fined! We reserve
the right to fine violators $500 per incident of spamming abuse.)
PetRescue
Hosting will be the sole arbiter as to what constitutes a violation of
this provision.
Spamming
WILL get your account terminated.
Additionally, PetRescue Hosting reserves the right to block inbound emails
that may be considered UCE. These emails consume disk space and bandwidth,
and additionally can cause performance related problems server-wide.
Bandwidth:
Client may
occupy only the amount of disk space on the PetRescue Hosting Server and
utilize no more than the network bandwidth that is allotted by PetRescue
Hosting. Additional fees, specified in the PetRescue Hosting plans
page, will be charged for exceeding the disk space and/or network bandwidth
allowance of your selected plan.
Licensed Software Only:
Client
agrees to use only properly licensed third party software in connection with
Client's use of the Services.
Back-Up Files:
Client will
have the ability to reinstate files which are automatically archived by
PetRescue Hosting; however, PetRescue Hosting does not guarantee the
existence, accuracy, or regularity of its backup services and, therefore,
Client is responsible for making back-up files in connection with its use of
the Services. Backup capability is available through the Client’s Control
Panel.
Termination:
PetRescue
Hosting reserves the right to refuse service to anyone. PetRescue Hosting, in its sole discretion, may immediately terminate this Agreement
if Client engages in any of the foregoing. To report any unacceptable
behavior by a third party using the Services, please contact us.
2. Payment Obligations And Service Fees.
Payment is
due 30 days from the day you initialize hosting, of each month. For
instance, if you started your monthly hosting on the 4th of a month, 30 days
later your next hosting fee will be debited. PetRescue Hosting will
debit Client's credit card (where such information is provided by Client)
PetRescue Hosting shall be entitled to immediately terminate this
Agreement for Client's failure to make timely payments to PetRescue Hosting. Certain services carry a set-up fee charged by
PetRescue Hosting to Client that must be paid by Client in order to have use of the
Services. If Client terminates this Agreement in accordance with Section 4
hereunder, Client shall be responsible for any outstanding fees owed to
PetRescue Hosting and agrees to pay any and all fees incurred by Client.
Because the Services are provided on a monthly basis, Client will be
responsible for Service fees incurred each month regardless of when Client
provides notice of termination. Thus, for example, if Client provides notice
to terminate on the 15th of a particular month, Client will still owe fees
for the entire month and such fees will not be pro-rated or refunded.
If Client has retained the Services for one
(1) year and has pre-paid Insider Hosting for such Services, refunds will be
issued for any unused full month month portions less one month of the
Services upon Clients request. Therefore, if Client's account is cancelled
at any point during the one (1) year term, Client will be entitled to a
refund for all but one of the full months remaining after notice given by
the 25th of the preceding month.
If your
domain on PetRescue Hosting servers is suspended for non-payment, you
will owe the current month in fees plus a service charge of $25 (USD) to
reinstate your domain. This fee is for each domain that you host with
PetRescue Hosting. Multi-domains are simply charged $25 (USD) for the
main domain. PetRescue Hosting will maintain an archival copy of
Client's Web site for Seven (7) days. Thereafter, Client will need to place
a new order if it wishes to subscribe to the Services. In extreme cases
where the domain has been suspended for non-payment and then deleted, the
Client will still owe PetRescue Hosting for the fees. An interest
accrual of 10 percent (%) of the total balanced owed, will be placed on this
if payment is not made within 30 days. This said, the domain(s) in question
will still be the property of the Client. The domain(s) not actively hosted
with PetRescue Hosting, does not negate the Client from paying
PetRescue Hosting the fees due.
When the
domain is deleted, Client shall pay a fee of Fifty Dollars ($50 USD) prior
to any re-instatement of Client's account. Once payment has been received,
Client's account will be activated within Forty-Eight (48) business hours.
There will only be an archival kept for seven (7) calendar days. After that
time, Client needs to re-establish the domain through FTP and other means.
PetRescue
Hosting will not be held liable for the non-arrival of a notification
email. It is your responsibility to ensure that you have a current email
address on record with us at all times.
30 Day Money Back Guarantee:
Should you
become unsatisfied with our services within the first 30 days of your
account activation, PetRescue Hosting will refund your hosting fee.
Recurring Billing:
We DO NOT
send out invoices. All credit cards are billed automatically monthly, every
30 days. It is the clients responsibility to ensure that they have
sufficient credit to cover this transaction. In the event that a card is
declined for any reason we will suspend the web site and
send an e-mail with instructions for submitting a new credit card. If a new
credit card is not submitted within 72 hours the web site will be deleted
without further warning. A $25 fee will be charged to re-activate the domain.
Domain Names:
If Client chooses to register a domain
name(s) through PetRescue Hosting, Client acknowledges and agrees that
Client will pay a registration fee(s) to register the domain name(s) with
the applicable domain name registrar. PetRescue Hosting does not offer
refunds for domain name registrations for any reason, including misspelling
of the domain name.
Currently if requested, we will handle the
registration of domain name for you through
GoDaddy, handling the entire setup. The domain will be registered in
your name, and owned by you. We do charge an additional $10.00 US to handle
this transaction.
3. CLIENT LIABILITY AND INDEMNIFICATION
The parties
agree that in no event shall PetRescue Hosting be liable to any third
party for Client's breach or alleged breach of any of the terms and
conditions set forth in this Agreement. Client agrees to defend, indemnify
and hold harmless PetRescue Hosting from any and all expenses, losses,
liabilities, damages or third party claims resulting from Client's breach or
alleged breach of any Client obligations set forth hereunder.
4. TERM, TERMINATION & REINSTATEMENT
Subject to
the terms and conditions hereof, this Agreement shall be effective on the
date you register for the Services, and shall continue in effect on a
month-to-month basis unless otherwise specified by separate agreement, (the
"Term") unless terminated earlier pursuant to the provisions of this Section
4. Either party will have the right to terminate this Agreement upon notice
to the other party. If Client is terminating this Agreement. All
cancellation requests must be received by the end of the respective month of
cancellation. Any other attempt by Client to cancel this Agreement by
written or e-mail notice shall be void. Sections 3 - 8 shall survive
termination or expiration of this Agreement. If Client terminates its
account, Client shall be allowed to re-instate Client's use of the Services
within Seven (7) business days of cancellation. Client shall pay a fee of
Fifty Dollars ($50 USD) prior to any re-instatement of Client's account.
Once payment has been received, Client's account will be activated within
Forty-Eight (48) business hours. PetRescue Hosting will maintain an
archival copy of Client's Web site for Seven (7) days after PetRescue
Hosting receives notice of cancellation. Thereafter, Client will need to
place a new order if it wishes to subscribe to the Services.
PetRescue
Hosting will not be held liable for the non-arrival of your request to
cancel an account. It is your responsibility to ensure that you have
received confirmation of the account closure from us.
5. TAXES
Client will
pay and indemnify and hold PetRescue Hosting harmless from any and all
taxes associated with or arising from Client's use of the Services,
including any penalties and interest and any costs associated with the
collection or withholding thereof.
6. DISCLAIMER OF WARRANTY
THE
SERVICES, THE PetRescue Hosting SITE, INCLUDING WITHOUT LIMITATION, ALL
PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE PetRescue Hosting
SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT
ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. VENTURES ONLINE
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE
FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PetRescue Hosting
SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE
UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO
VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED
WILL BE SUFFICIENT.
7. LIMITATION OF LIABILITY
IN NO EVENT
SHALL PetRescue Hosting BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF
DATA, PROFITS, USE OF THE PetRescue Hosting SITE OR ANY PetRescue Hosting PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE,
OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION
WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL
PetRescue Hosting CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN
FIVE HUNDRED DOLLARS ($500 US).
8. MISCELLANEOUS
Notices. Any
notices or communication under this Agreement shall be in writing and shall
be deemed delivered to the party receiving such communication at the address
specified below (1) on the delivery date if delivered personally to the
party, or a representative of the party; (2) one business day after deposit
with a commercial overnight carrier, with written verification of receipt;
(3) five business days after the mailing date, if sent by postal mail,
return receipt requested; (4) on the delivery date if transmitted by
confirmed facsimile. Please contact us for our FAX number.
Jim Williamson
PO Box 7
Bethalto, IL
62010
U.S.A.
If to
Client: Name and address provided for account setup. If any of the
provisions, or portions thereof, of this Agreement are found to be invalid
under any applicable statute or rule of law, then, that provision
notwithstanding, this Agreement shall remain in full force and effect and
such provision or portion thereof shall be deemed omitted.
This
Agreement (including the Exhibits, attachments and/or addenda, if any,)
represents the entire agreement of the parties with respect of the subject
matter hereof and supersedes all prior and/or contemporaneous agreements or
understandings, written or oral between the parties with respect to the
subject matter hereof.
This
Agreement and the rights granted and obligations undertaken hereunder may
not be transferred, assigned or delegated in any manner by Client, but may
be so transferred, assigned or delegated by PetRescue Hosting.
Any waiver
or any provision of this Agreement, or a delay by any party in the
enforcement of any right hereunder, shall neither be construed as a
continuing waiver nor create an expectation of non-enforcement of that or
any other provision or right. In any legal proceeding between the parties
under this Agreement, the prevailing party shall be entitled to recover its
costs, expenses and reasonable attorneys' fees.
This
Agreement is made under and shall be governed by the laws of the United
States of America, except with regard to it’s conflict of law rules. This
Agreement and PetRescue Hosting’ policies are subject to change by
PetRescue Hosting without notice. Continued usage of the Services after
a change to this Agreement by PetRescue Hosting or after a new policy is
implemented and posted on the PetRescue Hosting Site constitutes your
acceptance of such change or policy.
We encourage
you to regularly check the PetRescue Hosting Site for any changes or
additions.
|
