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INTERNET WORLD WIDE WEB SITE HOSTING SERVICES
AGREEMENT VERSION 2.0
BY USING THE SERVICE, YOU AGREE TO BE BOUND BY
THE TERMS AND CONDITIONS SET FORTH BELOW.
Web Hosting Services.
Fees and Delinquent Accounts.
Fees. Client shall pay Aurora a monthly web hosting fee according to their hosting plan. Aurora reserves the right to change the rates established below on thirty days notice. Client shall pay the appropriate monthly fee in advance, and Client shall be liable to pay the full month's fee, even if service is terminated before the end of the month for any reason.
Accounts are delinquent if payment is not received by the due date. Delinquent accounts five (5) days or more past the due date are subject to a late fee of 1.5% of the amount due. If your payment is returned to us unpaid or payment is not received within thirty (30) days after the due date, your account is immediately in default, may be suspended or terminated by Aurora at its sole discretion and payment will be due in full for the remainder of your billable contract period.
Payments by check returned to us unpaid are subject to a returned check charge of $30.00 from us.
Suspended and terminated accounts are subject to a reconnect charge of $25.00 and an interest charge of 1.5% per month on the outstanding balance. If you default in the payment of any amounts owed hereunder, you agree to pay Aurora its actual expenses, including attorney and collection agency fees, incurred in enforcing its rights under this section.
Web site hosting accounts not paid in full cannot be closed and will continue to accrue pre-agreed monthly charges until paid in full. Additionally, if a website hosting customer fails to pay for the service for a period of 90 days, then the customer forfeits all rights to the Web site hosted on our servers in lieu of payment of the past due amount until such time as the account is paid in full. A Web site hosting customer agrees that an implied lien is placed on any Web site hosted on our servers.
Maximum hard disk space. Client shall be allotted a maximum number of megabytes of storage space on Aurora's hard drive, which may be used to store Client's web pages, ordering information and data bases and user communications. Client shall pay for hard disk space according to their hosting plan.
Maximum Data Transmission. Client shall be allotted a maximum number of gigabytes of data transfer each month. Client shall pay for data transfer according to their hosting plan.
Domain name.
Client's warranty of ownership and noninfringement. Client expressly confirms and warrants that Client is the owner of, or is duly authorized by the owner to use, any trademark or name requested or allocated at its domain name. Client further warrants that neither Client's nor Aurora's use or registration of Client's domain name constitutes infringement of any other entity's intellectual property rights.
Client indemnification of Aurora. Aurora shall not undertake to resolve any dispute or litigation on Client's behalf involving domain name registration, and Client agrees that it shall indemnity, hold Aurora harmless and defend Aurora against any disputes involving domain name use or registration.
Jurisdictional disputes. The parties expressly recognize that, where Aurora is acting solely as Client's web host, Aurora is not engaged in and is not actively soliciting interstate or international commerce. Where Aurora is a named party to any type of dispute or litigation involving any acts by Client that affect out-of-state persons or entities, Client agrees that it shall indemnity, hold Aurora harmless, and defend Aurora and challenge the jurisdiction of out-of-state authorities over Aurora.
Maintenance of Statistics. Aurora will maintain an access log for each Web Site hosted. The access log provides raw data regarding hits on the Web Site.
No sub-web pages. Client expressly agrees that it shall not permit any person or entity which is not affiliated with Client to maintain any web page within Client's Web Site.
Aurora's duties.
Web site storage and Internet link. Aurora shall store Client's Web Site on Aurora's Internet server. The parties recognize that Internet servers and links are susceptible to crashes and downtime. Aurora will endeavor to maintain a consistent link with the Internet, but Aurora cannot and does not warrant it shall maintain a continuous and uninterrupted link.
Band width. Aurora agrees that it shall maintain dedicated connections to the Internet. Aurora does not warrant any response rate or download time.
Processor capacity. Aurora will, on the average, operate at less than fifty percent processor capacity between 8:00 a.m. and 8:00 p.m.
Maintenance. Aurora may, at its own discretion, temporarily suspend all service for the purpose of repair, maintenance or improvement of any of Aurora's systems. However, Aurora shall provide prior notice where it is reasonably practicable under the circumstances, and Aurora shall restore service as soon as is reasonably practicable. Client shall not be entitled to any set-off, discount, refund or other credit, in case of any service outage which is beyond Aurora's control or which is reasonable in duration.
Security. The parties expressly recognize that it is impossible to maintain flawless security, but Aurora shall take reasonable steps to prevent security breaches in Aurora's server interaction with Client and security breaches in Aurora's server interaction with the resources or users outside of any fire wall that may be built into Aurora's server. However, Client is solely responsible for preventing password protected pages within its Web Site from being automatically indexed and linked to search engine robots or spiders. Client is solely responsible for any damage caused by such unauthorized access, and Client indemnifies and holds Aurora harmless for any compromise of Client's security.
Privacy. Message and data encryption is enabled on Aurora's server. However, Client is solely responsible for encoding its Web Site to conform with generally accepted encryption standards and Client agrees to indemnify, defend and hold Aurora harmless for any compromise of Client's encryption method.
Caching by Aurora permitted. Client expressly grants to Aurora a license to cache the entirety of Client's Web Site in RAM. Client expressly agrees that such caching is also deemed "fair use" under the United States Copyright Act, and Client expressly agrees that such caching is not an infringement of any of Client's intellectual property rights.
Export control. Client agrees that its Web Site shall comply with all export, re-export or import laws of any jurisdictions from Client's Web Site is transmitted or accessed. Client agrees that it shall obtain written authority from all appropriate governmental bodies, if Client intends at any time to re-export any items originating from that jurisdiction to any proscribed destination. Client shall indemnify Aurora, hold Aurora harmless and provide a defense to Aurora for any such compromise of Client's security."
Disclaimers.
Liability limitations. Except as required by law, or as otherwise agreed herein, the goods and services provided by Aurora are provided as is, without warranty of any kind to Client or any third party, including, but not limited to, any express or implied warranties of: (1) merchantability; (2) fitness for a particular purpose; (3) effort to achieve purpose; (4) quality; (5) accuracy; (6) non-infringement; and (7) title. Client agrees that any efforts by Aurora to modify its goods or services shall not be deemed a waiver of these limitations, and that any Aurora's warranty shall not be deemed to have failed their essential purpose.
Client further agrees that Aurora shall not be liable to Client or any third party for any lost profits, loss of use, interruption of business, or any direct, indirect, incidental or consequential damages of any kind, whether under this Agreement or otherwise, even if Aurora was advised of the possibility of such damages or is grossly negligent. Modifications made to Client's Web Site by Client or any third party voids any remaining express or implied warranties.
Other limitations. Aurora shall not be liable for delays or defaults in furnishing goods or services hereunder if such delays or defaults are due to acts of God or public enemy; acts of the United States or any state or political subdivision thereof; fires, severe weather, floods, earthquakes, natural disasters, explosions or other catastrophes; embargoes, epidemics or quarantine restrictions; shortages of goods, labor strikes, slowdowns, differences with workmen or labor stoppages of any kind; delays of suppliers or delays of transportation for any reason; or any other causes beyond the control of Aurora in furnishing items or services including, but not limited to, breakdown or failure of machinery or equipment, or delay in Client reporting problems or furnishing information or materials.
Acceptance of delivery of goods or services shall constitute a waiver and release of Aurora by Client for any claim for damages, set-off, discount, or other liability on account of delay.
Third-party transactions at Client's peril. The parties expressly recognize that Aurora does not operate, control or endorse any information, products or services on the Internet, and that any entities that do offer such information, products or services are not affiliated with Aurora. Aurora does not make any express or implied warranties, representations or endorsement to Client or any third party whatsoever with regard to any information, products or services provided through Aurora and obtained or contracted over the Internet, including, without limitation, warranties of: (1) merchantability; (2) fitness for a particular purpose; (3) effort to achieve purpose; (4) quality; (5) accuracy; (6) non-infringement and (7) title. Aurora shall not be liable to Client or any third party for any cost or damage arising either directly or indirectly from any transaction involving third party's information, products or services.
Downloading of data or files at Client's peril. The parties expressly recognize that Aurora cannot and does not guarantee or warrant that files available for downloading through Aurora will be free of infection, viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. Client agrees that it shall be solely responsible for implementing effective procedures to satisfy Client's particular requirements for accuracy of data input and output, and for maintaining a means external to Aurora for the reconstruction of any lost data. The parties also expressly recognize that the Internet contains unedited materials, some of which are unlawful, indecent or offensive to Client and access to such materials by Client is done at Client's sole risk.
Termination.
Termination by Aurora. Aurora reserves the right to and Client agrees that Aurora may terminate any and all services to Client for no cause and without any reason upon thirty (30) days' written notice. Aurora also reserves the right to and Client agrees that Aurora may cancel this Agreement and terminate any and all services to Client immediately and without prior notice in the event that Client fails to fulfill any material obligation contained in this Agreement. Without in any way limiting the meaning of "material obligation," any payment thirty days past due is deemed to constitute the failure to perform a material obligation. Aurora reserves the right to use self-help to the greatest extent permitted under the law, including, but not limited to, electronic remedies.
Termination by Client. Client may terminate its web hosting agreement for any reason upon thirty (30) days' written notice.
Post-termination rights.
After termination by any party for any reason, Aurora shall retain the right to recover all accrued charges due and owing by Client to Aurora, and Client agrees that it waives any right it may have against Aurora to off-set fees payable by Client to Aurora.
Client's indemnification of Aurora under any provision of this Agreement shall survive termination of this Agreement for any reason.
Remedies. The failure of either party to seek relief for the other party's breach of any duty under this Agreement shall not waive any right of the non-breaching party to seek relief for any subsequent breach.
Governing Law and Jurisdiction. The construction, validity and performance of this Agreement shall be governed by, and construed in accordance with the laws of the State of Nebraska, and the parties expressly waive any choice of law rules to the contrary. The parties agree that venue and jurisdiction for any litigation arising out of, related to, or regarding the validity of, this Agreement shall lie in the State of Nebraska.
Notice. All notices must be in writing and must be mailed by registered or certified mail, postage prepaid and return receipt requested. All notices to Aurora shall be addressed and delivered to:
Aurora E-Solutions, LLC
7811 L. St. Ste. 240
Omaha, Nebraska, 68127
Notices transmitted orally or by electronic means shall be deemed insufficient notice.
Entire Agreement. This Agreement and attachments identified herein supersede any and all other agreements, either oral or in writing, between the parties with respect to the matters stated herein, and this Agreement contains all of the covenants and agreements between the parties with respect thereto. This Agreement may be amended or modified only in writing and shall be effective only after signed by both parties.
Severability. If any provision of this Agreement is held to be invalid or unenforceable for any reason whatsoever, the remaining provisions shall remain valid and unimpaired and shall continue in full force and effect.
Insurance. Client agrees to obtain and maintain during the term of this Agreement all insurance coverage necessary to guard against all risks of loss that may arise out of, or relating to this Agreement, including business interruption insurance.
Captions. Captions contained in this Agreement are for reference purposes only and are not intended by either party to describe, interpret, define, broaden or limit the scope, extent or intent of the Agreement or any of its provisions.
Knowing Consent and Authority to Consent. The parties knowingly and expressly consent to the foregoing terms and conditions. Each signatory is authorized to enter into this Agreement on behalf of its respective party.
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