YourHost.com Terms and Conditions Version 4.0 1-14-2012
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18627 Brookhurst St. Ste 215
Fountain Valley,CA 92708
714 842-8511 800 250-1507
- Services. YourHost.com / Executive Group Services, Inc., to be referred as YOURHOST.COM
will provide the hardware and system administration necessary to provide World Wide Web access to the Internet community. Executive Group Services, Inc. / YOURHOST.COM will also provide a single and unique Universal Resource Locator (URL) address for use by Customer (i.e., www.ExecutiveWebServices.com/~yourname). At Customer's request,YOURHOST.COM will assign a unique domain name to our servers (i.e., www.yourname.com) provided that the name is legally registered to and under the control of the Customer. Customer understands that domain name registration can take 4 weeks (or more).YOURHOST.COM will, however, assign a working address to the Customer's pages. Customer agrees to pay the domain name renewal fee to YourHost.com which will manage the domain or other appropriate domain name registrar. This fee is subject to change by the domain name registrar. For management purposes, YourHost.com will transfer the Registrant to OpenSRS, unless specifically requested by the client. to remain at their current Registrant.
- Rate of Payment for Service. For payment, MasterCard, Visa, American Express or electronic debit from Customer's checking account are accepted. We also accept cash or company check for prepaid quarterly accounts. Fees apply for Non-Credit Card payment. All services will be billed within the first week of your anniversary date.
Bills for partial periods are prorated to 1/2 months. For customers that exceed their monthly Traffic Allowance ("Allowance"),YOURHOST.COM reserves the right to bill the customer an additional $7.00 per month for each 1,000 megabytes of data transfer ($5.5 per 1,000 megabytes for dedicated server Customers). Additional disk space and bandwidth will be billed at a maximum of .50/mb above the agreed allowance or an agreed upon price stated in plan outline.YOURHOST.COM will not, however, bill Customer without prior notice. Customer will then have the option of continued service with the transfer rate surcharge, or Customer can request that their service be canceled. Please refer to our pricing schedule for current YOURHOST.COM rates. YOURHOST.COM reserves the right to change pricing with twenty (20) days notice.
- Invoicing. Client shall pay the amounts agreed to herein upon receipt of invoice(s) sent by YOURHOST.COM, and Client shall pay the amount of such invoices to YOURHOST.COM. Credit Card charges for monthly or quarterly services are included in this provision.
- Confidential Information. Each party hereto ("Such Party") shall hold in trust for the other party hereto ("Such Other Party"), and shall not disclose to any nonparty to the Agreement, any confidential information of Such Other Party. Confidential information is information which relates to Such Other Party's research, development, trade secrets or business affairs, but not include information which is generally known or is easily ascertainable by nonparties of ordinary skill in the web sight design and development business.
YOURHOST.COM hereby acknowledges that during the performance of this contract, YOURHOST.COM may learn or receive confidential Client information and therefore YOURHOST.COM hereby confirms that all such information relating to the client's business will be kept confidential by YOURHOST.COM, except to the extent that such information is required to be divulged to YOURHOST.COM' clerical or support staff or associates or sub-contractors in order to enable YOURHOST.COM to perform their contract obligations.
- Staff. YOURHOST.COM is an independent contractor and neither YOURHOST.COM nor YOURHOST.COM' staff is, or shall be deemed to be employed by Client. Client is hereby contracting with YOURHOST.COM for the services described and YOURHOST.COM reserves the right to determine the method, manner and means by which the services will be performed. YOURHOST.COM shall not be required to devote its company's resources full time to the performance of the services required hereunder, and it is acknowledged that YOURHOST.COM has other clients and YOURHOST.COM offers services to the general public. Managed Services above and beyond this Agreement are available upon request.
- Server Maintenance and "Up Time". Customer understands and agrees that YOURHOST.COM will make every effort to keep our network of servers running continuously. However, our servers will, from time-to-time, be disconnected due to routine maintenance, upgrades and other required events. YOURHOST.COM will make its best effort to keep all information on our servers backed-up. However, Customer assumes responsibility for making a separate back up of any information posted to our servers. YOURHOST.COM is not responsible for lost materials or information.
- Server Integrity. YOURHOST.COM will also make its best effort to maintain security on our network of servers. However, the nature of the Web and the Internet is not secure by default. Customer assumes responsibility for the appropriate use of security within the Customer's scripts and directories. Perl 4 and 5 and Java CGI scripts are the only CGI scripts supported by YOURHOST.COM. All CGI scripts require approval by YOURHOST.COM. Our Shared Secure Servers use the Secure Sockets Layer ("SSL") between a compatible web browser and our servers. Information forwarded from our Secure Servers that do not use SSL will not be as secure as using SSL.
- Termination or Cancellation. Either YOURHOST.COM or Customer may cancel this agreement at will at any time with written notice to the other party. In the event that this contract is canceled by YOURHOST.COM, the Customer will have a pro-rated nearest 30 day refund of any unused portion of the billing period. Domain registration, VeriSign, Thawte, and any set-up fees are non-refundable. Customer acknowledges that these terms and conditions are subject to change without notice. Customer's continued use of YOURHOST.COM constitutes customer acceptance of these and any and all modified terms.
- Disputes. Any disputes that arise between the parties with respect to the performance of this contract shall be submitted to binding arbitration by the American Arbitration Association, to be determined and resolved by said association under its rules and procedures in effect at the time of submission and the parties hereby agree to share equally in the costs of said arbitration. The final arbitration decision shall be enforceable through the courts of the state of California. In the event this arbitration provision is held unenforceable by any court of competent jurisdiction, then this contract shall be as binding and enforceable as if this section 9 were not a part hereof.
- Promotional Offers. Clients that receive free month(s) of web hosting via promotional offer or other reason will receive the free month(s) as a credit to their account. In order to receive such credit, a valid credit card must be on file with YOURHOST.COM, any set-up fees associated with the account must be paid, and the account must be current. YOURHOST.COM may discontinue offering free month(s) hosting prospectively at any time at its sole option.
- Liability. YOURHOST.COM warrants to the Client that the material, analysis, data, programs and services to be delivered or rendered hereunder, will be of the kind and quality designated and will be performed by qualified personnel. Special requirements for format or standards to be followed shall be attached as an additional Exhibit and executed by both Client and YOURHOST.COM. YOURHOST.COM makes no other warranties, whether written, oral or implied, including without limitation warranty of fitness for purposes of merchantability. In no event shall YOURHOST.COM be liable for special or consequential damages, either in contract or tort, whether or not the possibility of such damages has been disclosed to YOURHOST.COM in advance or could have been reasonably foreseen by Consultant, and in the event this limitation of damages is held unenforceable then the parties agree that by reason of the difficulty in foreseeing possible damages all liability to client shall be limited to One Hundred US dollars ($100.00) as liquidated damages and not as a penalty.
- Complete Agreement. This agreement contains the entire agreement between the parties hereto with respect to the matters covered herein. No other agreements, representations, warranties or other matters, oral or written, purportedly agreed to or represented by or on the behalf of YOURHOST.COM by any of its employees or agents, or contained in any sales materials or brochures, shall be deemed to bind the parties hereto with respect to the subject matter hereof. Client acknowledges that it is entering into this Agreement solely on the basis of the representations contained herein.
- Additional Work. After receipt of an order which adds to the Services, YOURHOST.COM may, at its discretion, take reasonable action and expend reasonable amounts of time and money based on such order. Client agrees to pay YOURHOST.COM for such action and expenditure as set forth in as standard costs $80-150/hr. this for payments related to Services.
- Assignment. This Agreement may not be assigned by Client without the prior written consent by YOURHOST.COM. Except for the prohibition on assignment contained in the preceding sentence, this Agreement shall be binding upon and inure to the benefit of the heirs, successors and assigns of the parties hereto.
In the event of a conflict in the provisions of any attachments hereto and the provisions set forth in this Agreement, the provisions of such attachments shall govern.
THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION, WHICH MAY BE ENFORCED BY THE PARTIES.
By signing this agreement, each party certifies that they have the authority to obligate the entity they represent.