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Domain Registration
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HOSTING CONTRACT This Hosting
Contract governs your purchase and use, in any manner, of all Web site
hosting services, including the Shared Hosting Services, (collectively,
the "Services") as described in the Order Form, ordered by you
and accepted by Adaptive Hosting ("Adaptive Hosting") and describes
the terms and conditions that apply to such purchase and use of the
Services. For purposes of this Contract, the Hosting Services
include the E-Commerce Services. You must register and accept the terms of
this Contract in order to use the Services. BY PURCHASING THESE SERVICES
AND USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS Contract
AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN AS WELL
AS ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. Adaptive Hosting
reserves the right to change or modify any of the terms and conditions
contained in this Contract, the Addendum and any policy or guideline
incorporated by reference at any time and from time to time in its sole
discretion, and to determine whether and when any such changes apply to
both existing or future customers. Any changes or modification will be
effective upon posting of the revisions on the Adaptive Hosting Web site (the
"Site"). Adaptive Hosting will post a notice of such changes or
modifications to this Contract or the Addendum on the Site for thirty
(30) days. Adaptive Hosting may post changes or modifications to referenced
policies and guidelines without notice to you. Your continued use of the
Services following Adaptive Hosting's posting of any changes or modifications will
constitute your acceptance of such changes or modifications. IF YOU DO NOT
AGREE TO THE TERMS OF THIS Contract (OR THE ADDENDUM IF THEY APPLY TO
YOU), DO NOT PURCHASE THESE SERVICES. IF YOU DO NOT AGREE TO THE TERMS OF
ANY MODIFICATION, DO NOT CONTINUE TO USE THE SERVICES AND IMMEDIATELY
NOTIFY Adaptive Hosting OF YOUR TERMINATION OF THIS Contract IN THE MANNER
DESCRIBED IN SECTION 1.2 BELOW. 1. Term and Payment for Services
1.1 Term. This Contract shall be for an "Initial Term" of
thirty (30) days, ninety (90) days, (180) days, one-hundred eighty
or 1 Year (365) days whichever is applicable if you register for Shared Hosting Services at the time
you register for the Services. This Contract will be automatically
renewed (the "Renewal Term") at the end of the Initial Term
for the same period as the Initial Term unless you provide Adaptive
Hosting with
notice of termination either (a) at least seven (7) days prior to the
end of the Initial Term or the Renewal Term, whichever is then
applicable, if you registered for and are receiving Shared Hosting
Services or (b) at least thirty (30) days prior to the end of the
Initial Term or Renewal Term, whichever is then applicable, if you
registered for and are receiving Dedicated Hosting Services or are have
pre-paid for a one year period of Shared Hosting Services.
You must
provide Adaptive Hosting with your notice of termination by emailing 1.2 Termination/Refund Policy.
If you are not completely
satisfied with our web hosting services, and you notify Adaptive Hosting
in writing via the
Customer
Information Center within the first 30 days of your contract that you wish
to cancel, you will be given a full refund of the contract amount, excluding
setup fees and overages. If cancellation is received after the first 30
days, no refund will be granted. Setup fees are refundable ONLY
for the following reasons: - You canceled the account
order prior to activation This policy does not apply to any
additional services such as, but not limited to, overages, disk space, e-mail
accounts, domain name registration, web design services.
Refund Policy for Renewals Your termination
request must be submitted to Adaptive Hosting in the manner described in Section
1.1. Adaptive Hosting may terminate this Contract at any time and for any
reason by providing to you thirty (30) days prior written notice of
termination.
1.3 Liability and Obligations on Termination. Should the Contract
expire or be terminated for any reason, Adaptive Hosting will not be liable to
you because of such expiration or termination for compensation,
reimbursement or damages on account of the loss of prospective profits,
anticipated sales, goodwill or on account of expenditures, investments,
leases or commitments in connection with your business, or for any other
reason whatsoever flowing from such termination or expiration. Any
termination of this Contract shall not relieve you of any obligations
to pay fees and costs accrued prior to the termination date and any
other amounts owed by you to Adaptive Hosting as provided in this Contract.
1.4 Charges. You agree to pay for all charges attributable to your
use of the Services at the then current Adaptive Hosting prices, which shall be
exclusive of any applicable taxes. You shall be responsible for the
payment of all federal, state, and local sales, use, value added,
excise, duty and any other taxes assessed with respect to the Services,
other than taxes based on Adaptive Hosting's net income.
1.5 Payment. All charges for Services must be paid in advance
according to the then current price applicable to the Services. If
you register for Shared Hosting Services, you must pay for the Services
by credit card. If you choose to pay by credit card upon registering for
Shared Hosting Services, you thereby authorize Adaptive Hosting to charge your
credit or debit card to pay for any charges that may apply to your
account. You agree that Adaptive Hosting may accumulate any supplemental
charges, as described in the Order Form, incurred by you in your use of
the Services ("Supplemental Charges") until such charges
exceed $20 and then charge your card. You must notify Adaptive Hosting of any
changes to your card account (including, without limitation, applicable
account number or cancellation or expiration of the account), your
billing address, or any information that may prohibit Adaptive Hosting from
charging your account.
1.6 30 Day Guarantee. Notwithstanding Sections 1.1 through 1.4, if
you are not fully satisfied with the Shared Hosting Services, you may
terminate this Contract at any time during the first thirty (30) days
from your initial order date and receive a full refund of all payments
made by you to Adaptive Hosting for the Shared Hosting Services excluding any
Set-up or overage fees.. To receive such
refund, you must terminate this Contract in the manner described in
Section 1.1 and cease using the Services, and Adaptive Hosting must receive your
termination notice, within the above described thirty (30) day period.
You agree to provide Adaptive Hosting with a description of why you are not
satisfied with the Services and are terminating this Contract.
Set-up Fees and any usage overage fees are non-refundable. Any refund
will be posted within 10 days of the request. Please allow 10 days
for the credit to be received by your credit card company. 1.7 Same-Day or 24-Hour Account Activation. Adaptive Hosting has a
same-day or 24-hour account activation with web hosting accounts.
We make no guarantee that your account can be set-up in this amount of
time. We strive to meet this objective with all accounts.
Occasionally certain factors can cause this to be extended.
99% of the time your account is set-up within a few hours. International
orders due to the high amount of credit card fraud are subject to
additional scrutiny and verification which can delay account activation. 2. Use of Services
2.1 Applicable Policies and Guidelines. The Adaptive Hosting Acceptable Use
And Service Guidelines (the "Usage Guidelines") govern the
general policies and procedures for use of the Services. Adaptive
Hosting's
On-line Privacy Practices governs how Adaptive Hosting collects, stores,
processes and uses information associated with your use of the Services.
The Usage Guidelines and the On-line Privacy Practices are posted on
Adaptive Hosting's Web site at (or such other location as Adaptive
Hosting may specify)
and may be updated from time-to-time. YOU SHOULD CAREFULLY READ THE
USAGE GUIDELINES. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THE
TERMS OF THE USAGE GUIDELINES AND ANY MODIFICATIONS THERETO. Adaptive
Hosting
RESERVES THE RIGHT TO TERMINATE YOUR ACCOUNT FOR ANY VIOLATION OF THE
USAGE GUIDELINES OR THIS Contract. TERMINATION FEES WILL APPLY
FOR VIOLATIONS OF OUR ACCEPTABLE USE POLICY. PLEASE REFER TO OUR
ACCEPTABLE USE POLICY FOR MORE SPECIFIC INFORMATION.
2.2 Material and Product Requirements. You must ensure that all
material and data placed on Adaptive Hosting's equipment is in a condition that
is "server-ready," which is in a form requiring no additional
manipulation by Adaptive Hosting. Adaptive Hosting will make no effort to validate any
of this information for content, correctness or usability. In the event
that your material is not "server-ready", Adaptive Hosting has the
option at any time to reject this material. Adaptive Hosting will notify you of
its refusal of the material and afford you the opportunity to amend or
modify the material to satisfy the needs and/or requirements of
Adaptive Hosting. Use of the Services requires a certain level of knowledge in
the use of Internet languages, protocols and software. This level of
knowledge varies depending on the anticipated use and desired content of
your Web site. You must have the necessary knowledge to create and
maintain a Web site. It is not Adaptive Hosting's responsibility to provide this
knowledge or customer support outside of the Services agreed to by you
and Adaptive Hosting.
2.3 Bandwidth And Storage Usage. You agree that use of the Services
hereunder will not exceed the bandwidth and storage usage limits set out
in the Order Form. If you use any bandwidth or storage space in excess
of the agreed upon number of megabytes per month, Adaptive Hosting may, in its
sole discretion, assess you with additional charges, suspend the
performance of the Service, or terminate this Contract. In the event
that Adaptive Hosting elects to take any corrective action, you will not be
entitled to a refund of any unused pre-paid fees.
2.4 Domain Names. As part of the Services, you will provide Adaptive
Hosting
with a registered domain name or names or Adaptive Hosting will register such
domain name(s) selected by you, provided that such domain name is
available for registration and does not violate any Network Solutions'
or other registration services' policies, or any law or regulation. You
agree to promptly reimburse Adaptive Hosting for any fees paid by
Adaptive Hosting to
Network Solutions or other registration services with respect to the
registration and maintenance of such domain name(s). In the event of any
dispute or cause of action arising out of or related to your domain name
used in connection with the Services, upon your request Adaptive Hosting will
attempt to register with Network Solutions or other registrar an
alternative domain name chosen by you. You agree to be bound by the
terms of InterNIC's then current domain name policy and/or the policies
of the national DNS registration authorities to which you become subject
upon registration of your domain name. The inability to use a domain
name shall not entitle you to a refund by Adaptive Hosting of any fees paid with
respect to the registration of such unusable domain name.
3. Intellectual Property Rights
3.1 Your License Grant to Adaptive Hosting. You hereby grant to
Adaptive Hosting a
non-exclusive, worldwide, and royalty-free license for the Initial Term
and the Renewal Term, if applicable, to edit, modify, adapt, translate,
exhibit, publish, transmit, participate in the transfer of, reproduce,
create derivative works from, distribute, perform, display, and
otherwise use your content as necessary for the purposes of rendering
and operating the Services to you under this Contract. You expressly
(a) grant to Adaptive Hosting a license to cache materials distributed or made
available for distribution via the Services, including content supplied
by third parties, and (b) agree that such caching is not an infringement
of any of your intellectual property rights or any third party's
intellectual property rights.
3.2 Your Warranties And Representations to Adaptive Hosting. You warrant,
represent, and covenant to Adaptive Hosting that (a) you are at least eighteen
(18) years of age; (b) you possess the legal right and ability to enter
into this Contract; (c) you will use the Services only for lawful
purposes and in accordance with this Contract and all applicable
policies and guidelines; (d) you will be financially responsible for the
use of your account; (e) you have acquired or will acquire all authorization(s) necessary for hypertext links to third-party Web sites
or other content; (f) you have verified or will verify the accuracy of
materials distributed or made available for distribution via the
Services, including, without limitation, your content, descriptive
claims, warranties, guarantees, nature of business, and address where
business is conducted, and (g) your content does not and will not
infringe or violate any right of any third party (including any
intellectual property rights) or violate any applicable law, regulation
or ordinance.
3.3 Adaptive Hosting Materials And Intellectual Property. All materials,
including but not limited to any computer software (in object code and
source code form), data or information developed or provided by Adaptive
Hosting
or its suppliers or agents pursuant to this Contract, and any know-how,
methodologies, equipment, or processes used by Adaptive Hosting to provide the
Services to you, including, without limitation, all copyrights,
trademarks, patents, trade secrets, and any other proprietary rights
inherent therein and appurtenant thereto shall remain the sole and
exclusive property of Adaptive Hosting or its suppliers. Adaptive
Hosting shall also
maintain and control ownership of all Internet protocol ("IP")
numbers and addresses that may be assigned to you by Adaptive Hosting.
Adaptive Hosting
reserves, in its sole discretion, the right to change or remove any and
all such IP numbers and addresses. 4. Enforcement
4.1 Investigation of Violations. Adaptive Hosting may investigate any
reported violation of this Contract, the Addendum its policies or any
complaints and take any action that it deems appropriate and reasonable
under the circumstance to protect its systems, facilities, customers
and/or third parties. Adaptive Hosting will not access or review the contents of
any e-mail or similar stored electronic communications except as
required or permitted by applicable law or legal process.
4.2 Actions. Adaptive Hosting reserves the right and has absolute discretion
to restrict or remove from its servers any content that violates this
Contract, the Addendum or related policies or guidelines, or is
otherwise objectionable or potentially infringing on any third party's
rights or in potentially violation of any laws. In the event of becoming
aware of any possible violation by you of this Contract, the Addendum,
any related policies or guidelines, third party rights or laws, Adaptive
Hosting
may immediately take corrective action, including, but not limited to,
(a) issuing warnings, (b) suspending or terminating the Service, (c)
restricting or prohibiting any and all uses of content hosted on
Adaptive Hosting's systems, and/or (d) disabling or removing any hypertext links
to third-party Web sites, any of your content distributed or made
available for distribution via the Services, or other content not
supplied by Adaptive Hosting which, in Adaptive Hosting's sole discretion, may violate
or infringe any law or third-party rights or which otherwise exposes or
potentially exposes Adaptive Hosting to civil or criminal liability or public
ridicule, and/or (e) bill the Infringer a $250 termination fee per
account. It is Adaptive Hosting's policy to terminate infringers immediately has
indicated in our Acceptable Use Policy. If your account is
reactivated, a $75.00 reactivation charge will apply. If serious
and your account is terminated permanently, a $250 termination charge
will apply. No Exceptions. The above stated rights of action,
however, do not obligate Adaptive Hosting to monitor or exert editorial control
over the information made available for distribution via the Services.
In the event Adaptive Hosting takes corrective action due to such possible
violation, Adaptive Hosting shall not be obligated to refund to you any fees
paid in advance of such corrective action.
4.3 Disclosure Rights. To comply with applicable laws and lawful
governmental requests, to protect Adaptive Hosting's systems and customers, or
to ensure the integrity and operation of Adaptive Hosting's business and
systems, Adaptive Hosting may access and disclose any information it considers
necessary or appropriate, including, without limitation, user profile
information (i.e., name, e-mail address, etc.), IP addressing and
traffic information, usage history, and content residing on Adaptive
Hosting's
servers and systems. Adaptive Hosting also reserves the right to report any
activity that it suspects violates any law or regulation to appropriate
law enforcement officials, regulators, or other appropriate third
parties. To the extent any inconsistency exists between any terms of
Adaptive Hosting's On-line Privacy Practices and Adaptive Hosting's right disclose under
this section, Adaptive Hosting's right to disclose under this section will
control. 5. Disclaimed Warranties
You acknowledge and agree that Adaptive Hosting
exercises no control over, and accepts no responsibility for, the content
of the information passing through Adaptive Hosting's host computers, network hubs
and points of presence, or the Internet. ALL SERVICES PERFORMED HEREUNDER
ARE PERFORMED "AS IS" AND WITHOUT WARRANTY AGAINST FAILURE OF
PERFORMANCE INCLUDING, WITHOUT LIMITATION, ANY FAILURE DUE TO COMPUTER
HARDWARE OR COMMUNICATION SYSTEMS. EXCEPT AS EXPRESSLY PROVIDED IN THIS
Contract, Adaptive Hosting DOES NOT MAKE AND HEREBY DISCLAIMS, AND YOU HEREBY
WAIVE ALL RELIANCE ON, ANY REPRESENTATIONS OR WARRANTIES, ARISING BY LAW
OR OTHERWISE, REGARDING THE SERVICES, INCLUDING, WITHOUT LIMITATION,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE
OR USAGE IN TRADE.
6. Limitation and Exclusion of Liability
6.1 Limitations. IN NO EVENT SHALL Adaptive Hosting OR ITS SUPPLIERS HAVE ANY
LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR
DESTRUCTION OF INFORMATION DISTRIBUTED OR MADE AVAILABLE FOR
DISTRIBUTION VIA THE SERVICES THROUGH ACCIDENT, FRAUDULENT MEANS OR
DEVICES. NEITHER Adaptive Hosting NOR ITS SUPPLIERS SHALL HAVE LIABILITY WITH
RESPECT TO Adaptive Hosting'S OBLIGATIONS UNDER THIS Contract, THE ADDENDUM OR
OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE
DAMAGES EVEN IF Adaptive Hosting HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE FOREGOING
LIMITATION OR EXCLUSIONS MAY NOT APPLY TO YOU. IN ANY EVENT, THE
LIABILITY OF Adaptive Hosting AND ITS SUPPLIERS TO YOU FOR ANY REASON AND UPON
ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO
Adaptive Hosting BY YOU UNDER THIS Contract AND THE ADDENDUM DURING THE THREE
(3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED.
THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE,
INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF
WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER
TORTS. THE FEES FOR THE SERVICES SET BY Adaptive Hosting HEREUNDER HAVE BEEN AND
WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU
HEREBY RELEASE Adaptive Hosting AND ITS SUPPLIERS FROM ANY AND ALL OBLIGATIONS,
LIABILITIES, AND CLAIM IN EXCESS OF THE LIMITATION STATED IN THIS
SECTION 6.1.
6.2 Interruption of Service. You hereby acknowledge and agree that
Adaptive Hosting and its suppliers will not be liable for any temporary delay,
outages or interruptions of the Services. Further, Adaptive Hosting shall not be
liable for any delay or failure to perform its obligations under this
Contract, where such delay or failure results from any act of God or
other cause beyond its reasonable control (including, without
limitation, any mechanical, electronic, communications or third-party
supplier failure). 6.3 Software Upgrades. Adaptive Hosting as needed and at times without
notice will need to perform software upgrades, security patches and
updates, install bug patches that are made available by our vendors, and
other misc. server-related upgrades. Adaptive Hosting shall not be liable
for any malfunction, web site error or any other issue that may arise
with your site as a result of these upgrades. Further, it is the
responsibility of the customer to keep their web site or application
current with all the latest standards and specifications. 7. Indemnification You hereby release and hold harmless, and agree to
indemnify, Adaptive Hosting and its affiliates and suppliers (and their respective
employees, directors and representatives) against any and all claims,
actions, proceedings, suits, liabilities, damages, settlements, penalties,
fines, costs or expenses (including, without limitation, reasonable
attorneys' fees and other litigation expenses) incurred by Adaptive
Hosting or its
suppliers, arising out of or relating to (a) your violation or breach of
any term, condition, representation or warranty of this Contract, the
Addendum or any applicable policy or guideline; (b) your improper or
illegal use the Services; or (c) your violation, alleged violation, or
misappropriation of any intellectual property right (including, without
limitation, trademark, copyright, patent, trade secrets) or
non-proprietary right of a third party (including, without limitation,
defamation, libel, violation of privacy or publicity).
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9. MISCELLANEOUS PROVISIONS
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