Whereas, Customer seeks to utilize Western Mass Hosting’s services for its own purposes;
Whereas, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, Western Mass Hosting can make no guarantee that any given service shall be able to access services at any given time.
Western Mass Hosting represents that it shall make every good faith effort to ensure that services provided are available as widely as possible and with as little service interruption as possible;
Western Mass Hosting will be shown as “WMH” from this point forward in these terms;
Now in consideration of the mutual promises contained herein, the parties agree as follows;
- Customer agrees to a thirty (30) day contract minimum beginning upon commencement of service. Exact contract duration is decided upon at signup by the customer.
- Customer agrees that all charges and fees associated with an account are their sole responsibility.
- If the customer wishes to cancel WMH shared Web Hosting services they must submit a request in writing within thirty (30) days of next invoice and may do so for any reason (aside from disablement for Terms of Service or Spam Policy violations).
- Services provided by 3rd parties and WMH partners are not part of the refund policy and no early ending credit applies. Billing will stop at end of term during which the service is canceled.
- At the end of the contract term, the contract will automatically renew for the original contract length indefinitely until canceled in writing via email to [email protected] 30 days prior to final date.
- Violations of WMH’s Terms of Service, Acceptable Use Policy, or Spam Policy may, at WMH’s discretion, result in immediate and permanent disablement without refund.
- Disputed charges (“chargebacks”) associated with any WMH account may, at WMH’s discretion, result in immediate and permanent disablement.
- WMH’s automated system will suspend any and all services, except for Domain Name registration, after any invoice is 10 days past due, after a period of 60 days the system will auto terminate only the service that due, and any other services that were suspended as a result will be subject to a $100 re-instatement fee.
Western Mass Hosting shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Customer or from a hosted Western Mass Hosting’s service. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products bought or sold.
- Western Mass Hosting will exercise no control whatsoever over the content of the information passing through the network, provided that it adheres to all other conditions set forth in our Terms of Service and Acceptable Use Policy documents.
- Customer agrees to full responsibility for any attempt at breaching server software or data made by the Customer; a visitor; or other outside malicious attack. This may include but is not limited to DDoS, DDNS, SQL injection, XSS, dictionary, brute force, etc …
- Western Mass Hostinge and its Partners reserve the right to police its network to verify compliance with all agreed upon Terms.
- Western Mass Hosting reserves the right to disconnect any website or server deemed to present a security threat to WMH’s customers, servers, or network.
- Western Mass Hosting does not allow the scanning of our servers or the sites we host, without prior written notification and consent. Scanners can pose a security risk, as such will be automatically blocked from accessing the servers or sites, and does constitute grounds for immediate account termination.
- All domain names registered through WMH or its previous domain registration site, that are ‘parked’ or are otherwise not immediately associated with a WMH hosting plan will be automatically pointed to a “Coming Soon” web page which informs visitors that the registrant has recently registered their domain name via Western Mass Hosting. The Coming Soon web page may be modified at any time by WMH without prior notice to you and may include such things as, without limitation, links to additional products and services offered by WMH.
TRADEMARKS & COPYRIGHTS
- Customer warrants that it has the right to use the trademarks and copyrights applicable to all content and/or products being made available through the customer’s account.
- Any design or development service is Copyright to WMH until the said project is paid in full to the agreed upon terms.
HARDWARE, EQUIPMENT, & SOFTWARE
- The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access Western Mass Hosting.
- Western Mass Hosting makes no representations, warranties or assurances that the Customer’s equipment will be compatible with the Western Mass Hosting service.
While Western Mass Hosting makes every effort to backup any site or server hosted with us, it is the utlimate responsibility of the Customer to retain backups.
- Shared Hosting: We will backup all files and databases on a nightly basis and retain them for a maximum of 7 days. The backup files will be made available for Customer download for personal retention.
- VPS Hosting: We will create nightly images of each server and retain them for a maximum of 2 days, in addition to retaining 7 days of nightly file and database backups.
- Shared Hosting: Site restoration not caused by Western Mass Hosting, will be billable at no less than 1.5 hours maintenance cost. It shall be the Customers responsibility to provide WMH with the backup they wish to restore.
- VPS Hosting: Server restoration not caused by Western Mass Hosting, will be billable at no less than 1.5 hours maintenance cost.
- WMH guarantees 99.5% uptime. A failure to provide 99.5% uptime will result in customer compensation pursuant to guidelines established herein.
- Customer is entitled to compensation if Customer’s web site or databases become unusable as a result of failure(s) in WMH systems for reasons other than previously announced scheduled maintenance, coding or configuration errors on the part of the Customer.
- Customer will receive WMH credit equal to 10% Customer’s current hosting cost for 1 (one) month of service for each 1 (one) hour of service interruption, up to a maximum of 100% of customer’s monthly total.
- WMH’s assessment of downtime begins when Customer opens a support ticket or emails [email protected] to report the problem.
The Customer certifies that he or she is at least 18 years of age, or that their parent or legal guardian will act as the “customer” in terms of this contract.
This contract may be terminated by either party, without cause, by giving the other party 30 days written notice. Western Mass Hosting will accept termination by electronic mail. Notwithstanding the above, Western Mass Hosting may terminate service under this contract at any time, without penalty, if the Customer fails to comply with the terms of this contract, including non-payment. Western Mass Hosting reserves the right to charge a reinstatement fee.
- Customer expressly agrees that use of Western Mass Hosting’s Server is at Customer’s sole risk. Neither Western Mass Hosting, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Western Mass Hosting’s Server 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 Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Western Mass Hosting Server service, unless otherwise expressly stated in this contract.
- Under no circumstances, including negligence, shall Western Mass Hosting, its offices, agents or any one else involved in creating, producing or distributing Western Mass Hosting’s Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Western Mass Hosting Server service; 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 Western Mass Hosting’s records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on Western Mass Hosting’s Server service.
- Notwithstanding the above, Customer’s 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 minus any reasonable legal fee and court costs.
Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Hampden County, Massachusetts before one arbitrator. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
- Customer agrees that it shall defend, indemnify, save and hold Western Mass Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against Western Mass Hosting, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer,its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Western Mass Hosting against Liabilities arising out of:
- any injury to person or property caused by any products sold or otherwise distributed in connection with Western Mass Hosting’s Server;
- any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party;
- copyright infringement;
- any defective product which Customer sold on Western Mass Hosting Server.
Customer agrees to comply with all applicable export and reexport control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control, and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. Specifically, Customer covenants that it shall not – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from WMH under this Agreement to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations. Customer agrees to indemnify, to the fullest extent permitted by law, WMH from and against any fines or penalties that may arise as a result of Customer’s breach of this provision. This export control clause shall survive termination or cancellation of this Agreement.
Revisions to this Contract will be applicable to previous Contracts Revisions will be considered agreed to by the Customer on renewal of service as specified in Section – Financial Arrangements.
Customer may not transfer this contract without the written consent of Western Mass Hosting.
These Terms and Conditions constitutes the entire Contract and understanding of the parties. Any changes or modifications to these Terms and Conditions of Contract thereto are agreed to by the both parties upon renewal of services.