WEB HOSTING AGREEMENT
THIS AGREEMENT is made this between ruralwebsites ltd (trading as clickcreations®) (“Company”) and customers hosting on clickcreations® servers (“Client”).
In consideration of the mutual covenants set forth in this Agreement, Customer and Client hereby agree as follows:
Subject to the terms and conditions of this Agreement, Company will provide Web Hosting services for Client subject to the following terms:
Client agrees to an initial twelve (12) month contractual term of service (“Term”). The length of contract required is based on the type of service desired by Client and shall be determined solely by Company.
Setup charges shall be due when work commerces. Hosting also begins at this time.
This Agreement will automatically renew for successive monthly Terms unless canceled in writing by Client at least 30 days prior to the end of Term renewal date. Renewal prices are subject to change. Renewal of services by Client indicates agreement to any Contract revisions and price changes. Renewal fees for the following term will be automatically invoiced to Client’s account.
2. Terms of Payment
Payment is due within two weeks of invoice. There is a £25 fee for returned checks. Sites that are in arrears will be suspended. Suspended sites will be charged a £25 re-instatement fee.
3. Proprietary Information
Proprietary information exchanged here under shall be treated as such by Client. This information shall include, but not be limited to, the provisions of this agreement, product and services information and pricing. Client further agrees to not decompose, disassemble, decode or reverse engineer any Company program, code or technology delivered to Client or any portion thereof.
Company will exercise no control whatsoever over the content of the information passing through the network, email or web site. All content must conform to our Acceptable Usage Policy (AUP). Customers with content that violates our AUP will have their accounts terminated.
Company makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Company 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 Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of Client. Use of any information obtained by way of Company is at Client’s own risk, and Company 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. Company does not represent guarantees of speed or availability of end-to-end connections. Company expressly limits its damages to Client for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. Company specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
6. Limited Liability
Customer expressly agrees that use of ruralwebsites ltd is at Customers sole risk. Neither ruralwebsites ltd, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that ruralwebsites ltd’s 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 service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the ruralwebsites ltd service.
Under no circumstances, including negligence, shall ruralwebsites ltd , its offices, agents or any one else involved in creating, producing or distributing ruralwebsites ltd s services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use ruralwebsites ltd 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 acts of God, communication failure, theft, destruction or unauthorized access to ruralwebsites ltd s records, programs or services.
Customer hereby acknowledges that this paragraph shall apply to all content on the ruralwebsites ltd service.
Notwithstanding the above, Customers exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Customer paid during the term of this contract. ruralwebsites ltd can not guarantee nor be held responsible for failed domain registrations or domains transfers.
7. Trademarks and Copyrighted Material
Client warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service.
8. Transfer of Agreement
Client may not assign or transfer this Agreement, in whole or in part without the prior written consent of Company. In the event that Client contemplates whole or partial sale of it’s business, ownership change, or change in jurisdiction, Client shall notify Company by mail, facsimile or email no less than 60 days prior to the effective date of the event.
Company may terminate this Agreement at its sole discretion upon the occurrence of one or more of the following events: 1) failure to comply with any provisions of the Agreement upon receipt of written notice from Company of said failure, 2) appointment of Receiver or upon the filing of any application by Client seeking relief from creditors, 3) upon mutual agreement in writing of Company and Client.
If legal proceedings are commenced to resolve a dispute arising out of, or relating to, this Agreement, the prevailing party shall be entitled to recover all costs, legal fees, and expert witness fees as well as any costs or legal fees in connection with any appeals.
Client shall indemnify and hold Company harmless from and against any and all claims, judgments, awards, costs, expenses, damages and liabilities (including reasonable attorney fees) of whatsoever kind and nature that may be asserted, granted or imposed against Company directly or indirectly arising from or in connection with Client’s marketing or support services of the product or services or the unauthorized representation of the product and services or any breach of this Agreement by Client.
If any provision of this Agreement is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby. This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom of Great Britain. Exclusive jurisdiction and venue shall be in the British Superior Court. A failure by any party to exercise or delay in exercising a right or power conferred upon it in this Agreement shall not operate as a waiver of any such right or power.
13. Technical Limits
All hosting packages include 512 megabytes of disk space and 1024 megabits of data transfer per month.
14. Responsability for Content
You, as a ruralwebsite ltd customer, are solely responsible for the content stored on and served by your clickcreations website and associated email.
15. Refunds and cancellations
clickcreations™ are provided for a month term. clickcreations™ are non-refundable however clickcreations™ can be terminated with 1 month written notice.
Domains are registered for a one or two year period depending on the domain authorities minimum duration. Domains name registration cannot be cancelled, but if you want to transfer your domain to another domain name hosting company this will be by providing 2 weeks written notice and paying for any remaining time on the domain.
Email account are provided for a 12 month term and are non-refundable. Email acconts can be terminated with 4 weeks written notice. At the end of your 12 month term you may renew your contract for another 12 months.