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Hosting Service Agreement |
This agreement is made and entered into by and between:
Frogdreams Web Creations and you the "Customer".
Whereas, Frogdreams Web Creations offers storage and transfer services
over the internet through its "Hosting" service;
Whereas, Client seeks to utilize this service for its own purposes;
Whereas, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore,
Frogdreams Web Creations can make no guarantee that any given reader shall be able to access this server at any given time.
Frogdreams Web Creations represents that it shall make every good faith effort to ensure that this service is available as widely
as possible and with as little service interruption as possible;
Now therefore, in consideration of the mutual promises contained herein, the parties agree as follows:
1. SERVICE DESCRIPTION
As an Internet World Wide Web service provider, Frogdreams Web Creations provides Web
Site Hosting services by providing space on a dedicated server computer that is integrated into the Internet.
This server computer will send and receive information as related to the World Wide Web.
Customer wishes to connect to and utilize the hardware and software facilities of Frogdreams Web Creations to establish
an Internet web site.
2. SERVICE USAGE
A. User Parameters: The agreement hereby is intended to cover one web site only, and is for the sole use of the customer
specifically named above and does not extend to any other person or entity.
B. Legal Parameters: This service may only be utilized only for lawful purposes, and the usage of the service in connection with or
adjunct to any matter or thing which violates any municipal, state or federal statute or regulation is prohibited. Specifically,
customer will not engage in "SPAM" as defined in the Frogdreams Web Creations Terms of Service,
and also agrees that no pornographic material, nor any material considered offensive, racist, illegal, or
unsuitable for audiences under 18 will be uploaded to the server. Customer agrees to abide by generally accepted
"netiquette", and by the Frogdreams Web Creations Terms of Service.
Customer agrees to indemnify and hold harmless Frogdreams Web Creations from and against any and all claims, actions, causes of
actions, losses or damages (including legal fees) arising from the usage by Customer of the service in violation of this paragraph.
C. Unilateral Service Revocation: In the event that Frogdreams Web Creations may at any time believe that the service is
being utilized by the Customer in contravention with the terms and provisions of Sections A or B above, Frogdreams Web Creations
may immediately discontinue such service to Customer without liability other than the refund of unearned prepaid service fees.
3. NO WARRANTIES
With respect to the hosting service to be provided hereunder, Customer acknowledges that Frogdreams Web Creations makes absolutely
no warranties whatsoever, express or implied. As a result, Customer agrees that Frogdreams Web Creations shall not be liable to
Customer for any claims or damages which may be suffered by Customer, including, but not limited to, losses or damages resulting
from the loss of data as the result of delays, nondeliveries, or service interruptions.
4. USE OF INFORMATION
The utilization of any data or information received by Customer from the utilization of the service to be provided by
Frogdreams Web Creations is at Customer's sole and absolute risk. Frogdreams Web Creations specifically disclaims and denies
any responsibility for the completeness, accuracy or quality of information obtained through the services to be provided hereby.
5. DOMAIN NAME
Customer understands that domain registration is not included in Hosting and is not required for hosting.
6. SERVICE FEES AND INVOICING
Level of hosting service: Hosting Account (10 MB $24.95/month - see appendix "A" for definitions)
Invoicing for web site hosting will be billed the first week of the first month of each calendar quarter (ie, January, April,
July and October) for that quarter's services. Payment is due upon receipt of invoice and no later than the last day of that
billing month. In the event that Customer shall fail to pay for such services by the final date due, then Frogdreams Web Creations
shall be entitled to unilaterally terminate this agreement, and/or, at its sole discretion, Frogdreams Web Creations may discontinue
or suspend service to Customer until payment is made. Any service disconnection or suspension shall require a $25 re-connect fee.
Customer understands that renewal will occur automatically at the end of this period under the same terms, unless
Frogdreams Web Creations receives express written notification of cancellation 7 days in advance of the renewal date, and that
Customer is responsible for any and all fees assessed due to Customer's failure to notify Frogdreams Web Creations of cancellation.
All support inquiries are to be initiated via email to support@Frogdreams.com. Frogdreams Web Creations will make a diligent effort
to resolve any problem related to hardware or supporting software.
Only after all email inquiries have failed, will Frogdreams Web Creations provide support via telephone.
7. TAXES
Frogdreams Web Creations shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made
from customer or customer's use of server. Customer agrees to take full responsibility for all taxes and fees of any nature
associated with such products sold.
8. CONTENT
Customer will provide Frogdreams Web Creations with text files and data in "server-ready"
condition, a form requiring no additional editing by Frogdreams Web Creations (other than HTML markup).
Exceptions to the previous statement will be made on a customer by customer basis at the discretion of
Frogdreams Web Creations. Frogdreams Web Creations shall make no effort to validate this information for content, correctness
or usability.
Frogdreams Web Creations will exercise no control whatsoever over the content of the
information passing through the network. Frogdreams Web Creations makes no warranties or representations of any kind, whether
expressed or implied for the service it is providing. Frogdreams Web Creations also disclaims
any warranty of merchantability or fitness for particular purpose and will not be responsible for any damages that may be suffered by
Customer, including losses resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions. Use of
any information obtained by way of Frogdreams Web Creations is at Customer's own risk, and Frogdreams Web Creations specifically denies
any responsibility for the accuracy or quality of information obtained through its services.
9. CHANGES IN TERMS OF AGREEMENT
Frogdreams Web Creations reserves the right to make changes the above terms and
conditions of this agreement upon thirty (30) days written notice to Customer, advising of the change and the effective date thereof,
but with changes in monthly service fees being effective only at the end of any calendar quarter for which Customer has prepaid.
Utilization of the service by the Customer following the effective date of such change shall constitute acceptance by Customer of such
change(s).
10. ENTIRE AGREEMENT AND SEVERABILITY
This instrument constitutes the entire agreement between the parties, and represents the complete and entire understanding of the
parties with respect to the subject matter of this agreement. This instrument supersedes any other agreement or understanding between
the parties, whether written or oral. In the event that any term or provision of this instrument is held by a court of competent
jurisdiction to be unenforceable, then the remaining provisions of this instrument and the agreement which it evidences,
shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, and in consideration of the covenants and agreements
contained herein, do hereby execute this instrument, with each party warranting their ability to enter into this agreement for the
person or entity herein named as a party hereto.
11. APPROVALS
Purchase of Hosting services indicates acceptance of this agreement as displayed on the
Frogdreams Web Creations website and binds Customer to this agreement.
Appendix A: Definition of Hosting Service
Level of Hosting service you have chosen: Hosting Account (10 MB $24.95/month)
Includes:
- High speed Internet connectivity via multiple DS-3/T-3 connections
- 10 MB of disk space available (additional space, $1 per 1 MB)
- Unlimited data transfer every month
- Detailed web usage statistics with MKStats
- Unlimited Email forwarding allowing unlimited "vanity email addresses"
- 3 specific forwarding bots or POP3 boxes (Email addresses: yourname@yourco.com, etc.)
- 3 autoresponders
- Your own cgi-bin and cgi-local directories, with preinstalled cgi scripts, including forms, guestbook, counters, and more.
- RealAudio http streaming
Secure Server:
For https://www.pay-secure.com/yourdomain, the cost is $15 setup / $15 per month for leasing space on pay-secure's server.
For https://www.yourdomain.com, the cost is $120 setup / $20 per month and a Digital Certificate license must be purchased for
approximately $125 per year (this is purchased from an outside vendor and prices may change without notice).
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