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Web Hosting Contract
This is an Agreement between ____________ , otherwise referred to in this
document as "WEB CLIENT," and Arabian Horse Source.,
otherwise referred to in this document as "WEB PROVIDER." The complete
Agreement comprises two pages.
WEB CLIENT AGREES to pay fees as specified in the Agreement
and to abide by reasonable rules of content applicable to the rented Internet
space.
WEB PROVIDER AGREES to provide disk storage space and Internet
access to that space for the term specified in the Agreement. WEB PROVIDER
also agrees to provide additional services related to the rental as identified
in the Agreement. Two hours of web updates are included per quarter at no additional
charges with the monthly hosting fee. Additional time above the two hours per
quarter will be billed at a rate of $45 per hour. Addition of future pages
may be billed at Web Provider’s current rate sheet.
TERM: The initial term of this agreement is for 1 year.
Web Hosting Rate : $_____/month paid quarterly in advance.
All amounts due will be billed via credit card. A statement will be emailed
to client the day any transaction is processed. (see attached Credit card Authorization
sheet)
RENEWAL . Services will automatically renew for a period
of three months at the end of the contract period and at the end of each subsequent
renewal term. Either WEB CLIENT or WEB PROVIDER may cancel this renewal at
any time up to seven days prior to the end of the current contract period.
Written notice of cancellation is required; such notice has to be received
in our offices prior to or not later than seven days prior to the end of the
current contract period.
TERMINATION . Either WEB PROVIDER or WEB CLIENT may terminate
this agreement by providing 30 days’ written notice of termination. Arabian
Horse Source/ArabianHorseSource, INC will refund all unearned fees
associated with the terminated agreement to WEB CLIENT according to the following
rules:
No setup fees are refundable by WEB PROVIDER to WEB CLIENT in case of unilateral
termination by WEB CLIENT. For web hosting contracts of 3 months or less, the
full contract amount less any setup fees will be refunded if WEB PROVIDER is
notified within the first 30 days following activation. No refund is available
after the 30th day. For web hosting contracts longer than 3 months, a refund
equal to one-half of the contract amount less any setup fees will be given
if WEB PROVIDER is notified prior to the first day of the second half of the
contract term. For example, on a 6 month contract WEB PROVIDER must receive
the notice of cancellation prior to the first day of the fourth month of the
contract. No refunds will be given once the second half of the contract term
has begun. This policy does not apply to any additional services such overages,
disk space, pop accounts, etc.
SERVICE DESCRIPTION . As an Internet World Wide Web service
provider, WEB PROVIDER provides a dedicated server computer source that is
integrated into the Internet. This server computer will send and receive information
as related to the World Wide Web. WEB CLIENT wishes to connect to and utilize
the hardware and software facilities of WEB PROVIDER to establish an Internet
web site.
SERVICE USAGE . This service may only be utilized only for
lawful purposes, and the usage of the service in connection with or adjunct
to any matter or thing, which violates any municipal, state, or federal statute
or regulation is prohibited. WEB CLIENT agrees to indemnify and hold harmless
WEB PROVIDER from and against any and all claims, actions, causes of actions,
losses or damages (including legal fees) arising from the usage by WEB CLIENT
of the service in violation of this paragraph. In the event that WEB PROVIDER
may at any time believe that the service is being utilized by WEB CLIENT in
contravention with the terms and provisions of this section, WEB PROVIDER may
immediately discontinue such service to WEB CLIENT without liability other
than the refund of unearned prepaid service fees.
WARRANTIES . With respect to the service to be provided
hereunder, WEB CLIENT can at any time as our customer, if for any reason they
are not completely satisfied with any of our services, at their request, WEB
PROVIDER will cancel WEB CLIENT's account and refund their money for that month's
service as well as any prepaid monthly hosting fees yet unearned. WEB CLIENT
agrees further that WEB PROVIDER shall not be liable to WEB CLIENT for any
claims or damages which may be suffered by WEB CLIENT, including, but not limited
to, losses or damages resulting from the loss of data as the result of delays,
non - deliveries, or service interruptions caused by the fault or negligence
of HOST.
USE OF INFORMATION . The utilization of any data or information
received by WEB CLIENT from the utilization of the service to be provided by
WEB PROVIDER is at WEB CLIENT’s sole and absolute risk. WEB PROVIDER
specifically disclaims and denies any responsibility for the completeness,
accuracy or quality of information obtained through the services to be provided
hereby. Web Design and all graphics will be transferred to WEB CLIENT for their
future use at the end of WEB CLIENT’s association with WEB PROVIDER if
requested within 30 days of end of term.
DOMAIN NAME . If WEB PROVIDER shall acquire an Internet
Domain Name on behalf of WEB CLIENT, then in such case WEB CLIENT hereby waives
any and all claims which it may have against HOST, for any loss, damage, claim
or expense arising out of or in relation to the registration of such Domain
Name in any on-line or off-line network directories, membership lists or registration
lists, or the release of the Domain Name from such directories or lists following
the termination of the providing of this service by WEB PROVIDER for any reason.
SERVICE FEES AND INVOICING . Invoicing for web site will
be billed a minimum of three months in advance, with payments of the service
fee for through the end of the three-month period due upon inception. Payment
to be by Visa or Master Card on file. WEB CLIENT will be mailed a copy of all
credit cards processed the day that they are run. In the event that WEB CLIENT
shall fail to pay for such services in advance of that three month period,
then host shall be entitled to unilaterally terminate service under this agreement,
in which case the provisions of the paragraphs entitled SERVICE USAGE, NO WARRANTIES,
USE OF INFORMATION, and DOMAIN NAME shall continue in full force and effect,
and/or, at its sole discretion, WEB PROVIDER may discontinue or suspend service
to WEB CLIENT until payment is made. Any service disconnection or suspension
shall require a $50 re-connect fee. If paid on an annual basis, you get two
months free.
CHANGES IN TERMS OF AGREEMENT . WEB PROVIDER reserves the
right to make changes the above terms and conditions of this agreement upon
thirty (30) days written notice to WEB CLIENT, advising of the change and the
effective date thereof, but with changes in monthly service fees being effective
only at the end of the last calendar quarter for which WEB CLIENT has prepaid.
Utilization of the service by the WEB CLIENT following the effective date of
such change shall constitute acceptance by WEB CLIENT of such change(s).
ENTIRE AGREEMENT AND SEVERABILITY . This instrument constitutes
the entire agreement between the parties, and represents the complete and entire
understanding of the parties with respect to the subject matter of this agreement.
This instrument supersedes any other agreement or understanding between the
parties, whether written or oral. In the event that any term or provision of
this instrument is held by a court of competent jurisdiction to be unenforceable,
then the remaining provisions of this instrument and the agreement which it
evidences, shall remain in full force and effect.
Web Client__________________ Date:
Web Provider __________________
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