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Super Cheap Web Hosting Service Agreement
Terms of Service:
This Agreement ("Agreement") is between Visionary Website Creations,
a division of Associated Computer Systems, Inc., a Florida corporation
("VWC") with an office at 215 S. Lithia Pinecrest Road, Brandon,
Florida 33511 and the party specified in the online order form
annexed hereto and incorporated herein by reference ("Order").
Such party shall be referred to herein as the "Customer" and shall
enter into this Agreement by completing the form and hitting the
"Sign Me Up!" button.
For good and valuable consideration, the parties agree as follows:
1. SERVICES
Subject to the terms and conditions of this Agreement, VWC will provide
to Customer the Web hosting and/or related services described in the plan
selected by Customer from VWC's then published list of services as offered
from time to time ("Services"). The specific plan of Services to
be provided initially to Customer shall be as selected in the Order and
thereafter as established through correspondence between Customer and VWC.
2. TERM
The initial term of this Agreement shall be one month ("Initial Term").
The Initial Term shall begin upon commencement of Service to Customer,
provided, however, no Service shall commence unless and until VWC receives
and accepts a completed Order from Customer, plus payment in full for
Services to be rendered during the Initial Term and any setup charges.
VWC reserves the right to reject any submitted Order for any or no reason
prior to written acceptance thereof by VWC. After the Initial Term,
unless otherwise agreed to by the parties, this Agreement shall automatically
renew for successive terms of equal length as the Initial Term unless terminated
or canceled by either party only as provided in Paragraph 9 below. Domain name
registrations for .com, .net, and .org domains are valid for a term of
one year. Domain names will automatically be renewed on an annual basis.
The Initial Term plus all successive renewal periods during which Service is provided
shall be collectively referred to as the "Term."
3. FEES AND PAYMENT
All fees for Services rendered or provided to Customer shall be in
accordance with VWC's fee schedule then in effect, the terms of which
are incorporated herein by reference. VWC may, with 30 days
notice to Customer, amend the Services and/or the rates and fees it
charges for the Services. All fees including any setup fees are
NON-REFUNDABLE once paid. Fees for renewal periods after
the Initial Term shall be due and owing immediately upon the first
day of such renewal period. Customer will automatically
be charged for the charges for the basic Services rendered or provided
by VWC for such renewal period, plus any additional Services rendered
or provided by VWC to Customer for the preceding month of the Term,
and any other charges or fees then due hereunder. Payment
in full of such charged amount is due upon the first day of each
renewal period. Should payment in full not be received
by VWC within thirty (30) days after the beginning of the renewal
period, VWC may impose a debt service charge equal to one and one-half
percent (1.5%) of the overdue balance (or such lesser amount as may
be required by law) for each month or fraction thereof the overdue
amount remains unpaid. In addition, in the event that
any amount due VWC remains unpaid thirty (30) days after beginning
of a renewal period to Customer, VWC, in its sole discretion, may
immediately terminate this Agreement, and/or withhold or suspend
Services. All taxes, fees and governmental charges relating
to the Services provided hereunder (other than income taxes of VWC)
shall be paid by Customer. Domain name registration renewals
for the .com, .net, and .org domain names will automatically be billed
on an annual basis at the current rate for domain name registration
renewals according to VWC's fee schedule.
4. CONTENT AND CUSTOMER'S RESPONSIBILITY
Customer agrees that neither VWC nor its suppliers shall, under
any circumstances, be held responsible or liable for situations where
the data stored or communicated through the Service are accessed by
third parties through illegal or illicit means, including situations
where such data is accessed through the exploitation of security gaps,
weaknesses or flaws (whether known or unknown to VWC at the time)
which may exist in the Service. VWC stores and facilitates
the transmission of private electronic communications pursuant to
the Electronic Communications Privacy Act of 1986. Electronic
communications on this system are private, and only under situations
where explicitly required or allowed by law will such communications
be accessed, intercepted, disclosed, or used without the consent of
at least one of the parties to the communication. VWC may
systematically monitor the content which is submitted to, stored on
or distributed via disseminated via the Service. VWC
reserves the right, in its sole discretion, to edit or delete any
information or other content, regardless of whether it violates the
standards for content laid out in the VWC Usage Policy contained
herein within Paragraph 13 ("Usage Policy").
5. NO WARRANTY
Customer agrees to use all VWC's Services and facilities, and
any information obtained through or from VWC, at Customer's own
risk. Customer acknowledges and understands that neither
VWC, nor any of its employees, representatives, agents or the like,
warrant that the Services offered or provided hereunder will be
uninterrupted or error free, nor do they make any warranty or
representation 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 Service, unless otherwise expressly stated in this
Agreement. VWC specifically disclaims all warranties
of any kind, including, without limitation, the warranties of
title, merchantability, and fitness for a particular purpose,
whether expressed or implied, for the Service it is offering or
providing hereunder.
6. PROHIBITED USES
Customer warrants that all information submitted to, stored
or distributed via the Service does not infringe copyright or
any other intellectual property right. Customer grants
VWC the right to reproduce, copy use and distribute any materials
submitted to, stored on or distributed via the Service to the
extent needed to operate the Service. Customer agrees
that its use of the Service and the software used to provide the
Service will be in a manner consistent with this Agreement.
Customer shall not use, nor permit the use by any person of, the
Service or any part thereof, including any hyperlinks, in violation
of the Usage Policy.
7. LIMITED LIABILITY
Under no circumstances, including negligence, shall VWC, its
officers, agents or anyone else involved in creating, producing
or distributing the Service hereunder be liable to Customer for
any indirect, incidental, special, or consequential, or punitive
damages. VWC, its officers, agents or anyone else
involved in creating, producing or distributing the Service hereunder
shall not be liable to Customer for any loss or damages that result
or have alleged to have resulted from the use of or inability to use
the Service; or that results from mistakes, omissions, interruptions,
deletion of files, loss of data, errors, defects, delays in operations,
or transmission or any failure of performance, whether or not limited to
acts of God, communications failure, theft, destruction or unauthorized
access to VWC's records, programs or services. Furthermore,
VWC shall have no responsibility whatsoever to Customer for the accuracy
or quality of information obtained through or in connection with its
Services provided hereunder. Notwithstanding anything to
the contrary in this Agreement, Customer's exclusive remedies for
all damages, losses, costs or causes of actions from any and all
claims, whether in contract, quasi-contract, statutory, tort including
negligence, or otherwise, shall not exceed the aggregate dollar amount
which Customer paid during the twelve (12) months immediately preceding
the claim or the term of this Agreement, whichever is less.
8. INDEMNIFICATION
CUSTOMER AGREES TO INDEMNIFY AND HOLD HARMLESS VWC AND ITS SUPPLIERS
FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS AND RESULTING LIABILITIES,
LOSSES, DAMAGES, COSTS AND EXPENSES, (INCLUDING REASONABLE ATTORNEYS FEES)
OF WHATEVER NATURE OR KIND ARISING OUT OF OR IN CONNECTION WITH: (1) THE
USE OF THE SERVICE BY THE CUSTOMER OR ANY USER OR (2) ANY ACTS OR
OMISSIONS OF THE CUSTOMER OR AUTHORIZED USERS. THIS
INDEMNIFICATION INCLUDES ANY CAUSE OF ACTION BROUGHT AGAINST VWC
WHICH IS BASED IN WHOLE OR IN PART ON A CLAIM THAT VWC IS NEGLIGENT
IN RELATION TO PROVISION OF THE SERVICE TO THE CUSTOMER OR USER(S).
CUSTOMER'S OBLIGATION TO INDEMNIFY VWC AND ITS SUPPLIERS WILL SURVIVE
THE EXPIRATION OR TERMINATION OF THIS AGREEMENT BY EITHER PARTY FOR
ANY REASON. CUSTOMER SHALL PAY FOR THE DEFENSE OF ANY SUCH
THIRD PARTY ACTION ARISING AS DESCRIBED HEREIN UNLESS VWC AND CUSTOMER
MUTUALLY AGREE THAT VWC WILL PAY FOR THE DEFENSE.
9. TERMINATION
This Agreement may be terminated: (i) by either party, without
cause, by giving the other party 30 days prior written notice; (ii)
by VWC, at any time, upon 10 days' prior notice if in the sole
judgment of VWC, Customer breaches any material provision of this
Agreement and has not cured same by the end of the 10 days; (iii)
by VWC in the event of nonpayment by Customer as provided in Paragraph
3 above; and (iv) by VWC, at any time, without notice, if, in VWC's
sole judgment, Customer is in violation of any terms or conditions of
the Usage Policy.
10. ADDITIONAL TERMS AND CONDITIONS
Customer hereby acknowledges that it has reviewed the Usage
Policy contained herein. VWC reserves the right to
amend the Usage Policy from time to time and Customer shall be
bound by any such amendments. Customer shall have
the obligation to periodically visit VWC's Web site to review
its Usage Policy and to make certain Customer is in full compliance
therewith. In the event of any inconsistencies between
this Agreement and the Usage Policy, the terms of the Usage Policy
shall govern.
11. NOTICE
All notices must be sent either in writing or by e-mail, except
as otherwise expressly provided herein that a notice must be in
writing. All notices to VWC shall be delivered to
Visionary Website Creations 215 S. Lithia Pinecrest, Brandon, Florida
33511. All notices to the Customer shall be delivered to
its mailing address or its e-mail address as provided on the Order.
The parties may change their respective address by notice delivered
to the other party. All notices delivered in writing must
be sent either by overnight courier or certified mail, return receipt
requested. Evidence of successful transmission of all
notices delivered by e-mail must be retained by the delivering party.
12. MISCELLANEOUS
This Agreement sets forth the entire agreement between VWC and
Customer with respect to the subject matter hereof and supersedes
all previous representations, understandings or agreements and shall
prevail notwithstanding any variance with terms and conditions of
any other prior writing between the parties. If any
provision of this Agreement is held to be invalid by a court of
competent jurisdiction, then the remaining provisions shall nevertheless
continue in full force and effect. Customer may not transfer
or assign this Agreement without VWC's prior written consent.
This Agreement shall be governed by the laws of the State of Florida
and all claims concerning this Agreement shall be brought exclusively
in the state or federal courts located in Hillsborough County, Florida.
The parties hereby consent to submit to the jurisdiction of such courts
and waive any personal jurisdiction or venue defenses concerning said
forum. If not for personal use, Customer hereby represents
and warrants to VWC that the he or she is duly authorized to execute
and deliver this Agreement on behalf of the legal entity to whom the
benefit of the service is being conferred, and that such entity will
comply with and be bound by the terms and conditions of this Agreement.
13. USAGE POLICY
The VWC Usage Policy has been developed with the following objectives:
- Ensure security, reliability and privacy of VWC's systems and
network, and the networks and systems of our partners
- Maintain the image and reputation of VWC as a responsible provider
- Preserve the value of Internet resources as a conduit for free expression
- Encourage the responsible use of net resources and discourage
practices which degrade the usability of network resources and thus
the value of Internet services
- Avoid situations that may cause VWC to incur civil liability
- Preserve the privacy and security of individual users
We expect our Customers to use the Internet with courtesy and
responsibility and to be familiar with and to practice good Internet
etiquette. By adhering to the following policies, our
customers are protecting the rights and privileges of all Internet
users.
VIOLATION OF ANY OF THE FOLLOWING POLICIES IS STRICTLY PROHIBITED
AND WILL RESULT IN IMMEDIATE TERMINATION OF ALL ACCOUNTS.
General Conduct
1. Customers are prohibited from transmitting on or
through any of VWC's services, any material that is, at VWC's sole
discretion, unlawful, threatening, abusive, libelous, or encourages
conduct that would constitute a criminal offense, give rise to civil
liability, or otherwise violate any local, state, national or
international law, statute or regulation.
2. VWC's services may only be used for lawful purposes.
Transmission, distribution, or storage of any information, data or material
in violation of United States or state regulation or law, or by the common
law, is prohibited. This includes, but is not limited to,
material protected by copyright, trademark, trade secret, or any other
statute. VWC reserves the right to remove such illegal material
from its servers.
3. Customers may not engage in tortuous conduct including,
but not limited to, posting of defamatory, scandalous, or private information
about a person without their consent, intentionally inflicting emotional
distress, or making physical threats against another person via e-mail,
news, or any other electronic media/service we provide.
4. The Customer is responsible for providing and maintaining
accurate and up-to-date billing information. Furnishing false
data on the signup form, contract, or online application, including
fraudulent use of credit card numbers, is grounds for immediate termination,
and may subject the offender to civil or criminal liability.
5. No pornographic or nude images are allowed on websites
hosted by the VWC servers.
6. No gambling websites are allowed on the VWC servers.
System and Network Usage
Security
1. Customers may not attempt to circumvent user
authentication or security of any host, network, or account
("cracking"). This includes, but is not limited to,
accessing data not intended for the Customer, logging into a
server or account the Customer is not expressly authorized to
access, or probing the security of other networks.
2. Customers may not attempt to interfere with
service to any user, host, or network ("denial of service attacks").
This includes, but is not limited to, "flooding" of networks,
deliberate attempts to overload a service, and attempts to "crash"
a host.
3. Customers may not use any kind of program/script/command,
or send messages of any kind, designed to interfere with a user's terminal
session, via any means, locally or by the Internet.
4. Customers must safeguard their account passwords
to prevent unauthorized access to their account.
5. Users who violate systems or network security may
incur criminal or civil liability. VWC will cooperate
fully with investigations of violations of systems or network
security at other sites, including cooperating with law enforcement
authorities in the investigation of suspected criminal violations.
E-mail
1. Harassment, whether through language, frequency, or
size of messages, is prohibited.
2. Customers may not send e-mail to any person who
does not wish to receive it. If a recipient asks to stop
receiving e-mail, the Customer must not send that person any further
e-mail.
3. Customers are explicitly prohibited from sending
unsolicited bulk mail messages ("junk mail" or "spam").
This includes, but is not limited to, bulk-mailing of commercial
advertising, informational announcements, and political tracts.
Such material may only be sent to those who have explicitly requested it.
4. Customers may not forward or otherwise propagate chain
letters, whether or not the recipient wishes to receive such mailings.
5. Malicious e-mail, including but not limited to
"mailbombing" (flooding a user or site with very large or numerous
pieces of e-mail) and "trolling" (posting outrageous messages to
generate numerous responses) is prohibited.
6. Forging of header or any other information is not permitted.
7. Subscribing someone else to a mail list or removing
someone else from a mail list without that person's permission is prohibited.
8. VWC accounts or services may not be used to collect replies
to messages sent from another Internet Service Provider, where those messages
violate this Usage Policy or the usage policy of that other provider.
9. These rules apply to other types of Internet-based
distribution mediums as well, such as RLG's Ariel system (a system for
sending FAX-like documents over the Internet). NOTE: VWC operates
under a strict one-warning policy regarding unsolicited e-mail, unless the
violation is of such nature that the account, at our sole discretion
requires immediate termination, in which event service will be immediately
terminated.
Search Engines
1. Customers may not submit web pages to search engines
or search directories in an abusive way ("spamming") as set forth by
the policies of each individual search engine or directory.
2. Customers may not create web pages that are intended
to trick search engines to receive higher ranking ("cloaking").
IRC (Internet Relay Chat)
1. Customers are prohibited from using or hosting IRC
scripts, servers, or programs on VWC' shared, dedicated, or co-location
server accounts.
2. Neither IRC robots ("bots" or "clones"), nor IRC
sessions may not be run from VWC's shared , dedicated, or co-location
server accounts.
3. VWC is not liable for the content of any
communications made on IRC.
General Uses
1. Customers may not permit the use of mail services,
mail forwarding capabilities, POP accounts, or auto-responders other
than for the Customer's own account.
2. Customers may not employ posts or programs that
consume excessive CPU time or storage space. VWC reserves
the right to terminate CPU intensive processes.
Material and Product Requirements
1. Customers must ensure that all material and data
placed on VWC's equipment is in a condition that is "server-ready,"
which is in a form requiring no additional manipulation on VWC's
part. We shall make no effort to validate this information
for correctness or usability. In the event that the
Customer's material is not "server-ready", we have the option at
any time to reject this material and remove it from our servers or
disable it from being activated. VWC will notify the
Customer immediately of its refusal of the material and afford the
Customer the opportunity to amend or modify the material to satisfy
the needs and/or requirements of VWC.
2. Use of VWC's service 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 the Customer's Web space.
Customers must have the necessary knowledge to create and maintain a
Web space. It is not the responsibility of VWC to provide
this knowledge or customer support outside of the service defined in
the Service Agreement.
Privacy
1. VWC will not sell or knowingly disclose its customer
lists or customer e-mail or listserv address lists. We will
attempt to protect the privacy of our Customers and information that is
stored on our network. VWC will only access and disclose
information as necessary to comply with applicable laws and government
requests, to operate and maintain our systems and services, or to protect
ourselves or our Customers.
2. VWC will not monitor or disclose a Customer's private
e-mail messages unless required by court order or law. We will
cooperate with the authorities and will notify such authorities if it
suspects that a Customer is engaged in illegal activities.
THE USAGE POLICY DEFINES THE ACTIONS WHICH VWC CONSIDERS TO BE ABUSIVE,
AND THUS, STRICTLY PROHIBITED. THE EXAMPLES SET FORTH IN
THIS POLICY ARE NON-EXCLUSIVE, AND ARE PROVIDED SOLELY FOR GUIDANCE TO
VWC'S CUSTOMERS.
If you are unsure whether any contemplated use or activity is
prohibited, please send an e-mail to support@supercheapwebhosting.com
and we will assist you. Please note that the activities
set forth above are also not permitted from other Internet Service
Providers on behalf of, or to advertise, any service hosted by VWC,
or connected via our network. Furthermore, such services
may not be advertised via deceptive marketing policies, as defined
by the Federal Trade Commission Deception Policy Statement.
VWC must further limit any exceptions made to the Usage Policy
as secondary in regards to server and network security, performance
and integrity. Any user, regardless of exception status,
may have his or her service disabled if it is interfering with our
servers or network.
Specific questions about this policy should be sent via e-mail
to support@supercheapwebhosting.com.
Reports of activity in violation of this policy may be sent via
e-mail to postmaster@supercheapwebhosting.com.
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