Web
Site Hosting Service Agreement
Updated January 2003
The following agreement is between BOB Solutions, (LS)
of 1295 Fontainbleu Ave, Milpitas, CA 95035 and You (Client)
WHEREAS,
LS is an Internet Service Provider offering storage and transfer
of documents and other information over the Internet;
WHEREAS,
Client seeks to use these servers for its own purposes;
WHEREAS,
the parties acknowledge that the Internet is neither owned
nor controlled by any one entity; therefore, LS can make no
guarantee that any given party shall be able to access the
server made available by LS at any given time. LS represents
that it shall make every good faith effort to ensure that
the server 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:
Financial
Arrangements
Length of service
Client agrees to an initial twelve (12)
month contractual term of service (Term).
The length of contract required is based
on the type of service desired by the Client
and shall be determined solely by LS.
Service start date
The first payment plus setup charges, if
any, shall be due in advance of any service
provided. Service shall begin upon LS's
receipt of payment for such first Term of
service or upon a mutually agreed upon other
date.
Renewal by client
This agreement will automatically renew
for successive twelve (12) month Terms unless
canceled in writing by Client at least 30
days prior to the end of Term renewal date.
Renewal prices are subject to change. Renewal
of services by Client indicates agreement
to any Contract revisions and price changes.
Renewal fees for the following term will
be automatically invoiced to your account.
In
the case of a web site hosted on a LS
hosting server, failure of Client to remit
payment to LS by the invoice due date
is cause for removal of the Client's web
site files from the LS hosting server.
Client agrees that LS shall not be held
liable for such removal or disconnection.
In the event of disconnection, the Customer
must pay LS a reconnection fee of $50.00
as a condition of reactivation of the
Services, in addition to full payment
of the balance due on the account. Reactivation
of services will only be performed during
LS regular business hours (Monday through
Friday, 9:00 a.m. 6:00 p.m. PST).
LS may send all accounts that have not
been paid in full to a collection agency.
The Customer is responsible for paying
all costs of collection, including, but
not limited to, reasonable attorneys
fee and, where lawful, collection agency
fees. All accounting issues should be
addressed to LS at billing@lanservices.com
In
the case of a customer's co-located server,
failure of a Client to remit payment to
LS by the invoice due date is cause for
the server to be disconnected from the
LS network and unplugged without further
notification by LS. Client agrees that
LS shall not be held liable for such removal
or disconnection. Disconnected customer
owned equipment shall be returned to the
customer only upon full payment of outstanding
invoices, less any credits due based on
our Refund Policy, below. LS shall not
be held responsible for such equipment
when held in such disconnected/unplugged
fashion for over sixty days, after which
the equipment will be deemed to be abandoned
by the customer.
Refund
policy
As
detailed above, canellation by Client
must be in writing with 30 days notice.
Setup charges are not refundable under
any circumstances.
The first Term of service is not refundable
under any circumstances.
Refunds of renewal fees paid to LS
shall only be made for fully unused
calendar months of service that the
Client desires to cancel.
Client shall not be entitled to any
refund of any monies under any circumstances
should this agreement be terminated
due to a violation of the LS Policies
and Terms of Service Agreement located
at http://Lanservices.com/poltos.htm
Taxes
LS shall not be liable for any taxes or other
fees to be paid in accordance with or related
to purchases made from Client or LS's server.
Client agrees to take full responsibility for
all taxes and fees of any nature associated
with such products sold.
Material
and Products
LS will exercise
no control whatsoever over the content of the
information passing through the network except
for what is noted in section IX of this agreement,
relating to Lawful Purpose, and with respect to
the LS Policies and Terms Of Service Agreement
located at http://lanservices.com/poltos.htm
LS makes no
warranties or representations of any kind, whether
expressed or implied for the service it is providing.
LS also disclaims any warranty of merchantability
or fitness for any particular purpose and will
not be responsible for any damages that may be
suffered by the Client, including loss of data
resulting from delays, non-deliveries or service
interruptions by any cause or errors or omissions
of the Client. Use of any information obtained
by way of LS is at the Client's own risk, and
LS specifically denies any responsibility for
the accuracy or quality of information obtained
through its services. Connection speed represents
the speed of an end-to-end connection. LS does
not represent guarantees of speed or availability
of end-to-end connections. LS expressly limits
its damages to the Client for any non-accessibility
time or other down time to the pro-rata monthly
charge during the system unavailability. LS specifically
denies any responsibilities for any damages arising
as a consequence of such unavailability.
Maintenance
& Support
Ordering Maintenance and
Support Services: LS shall provide the Customer
with maintenance and support services for
the Hardware or Software, if such services
are specified in the Agreement.
Exclusions:
Maintenance and support services shall not
include services for problems arising out
of (a) tampering, modification, alteration,
or addition to the Hardware or Software, which
is undertaken by persons other than LS or
its authorized representatives; or (b) programs
or hardware supplied by the Customer.
The Customers
Duties: The Customer shall appoint at least
1 representative that all account information
is sending to. This is to prevent any attempts
of password-thief or any hacker attack against
the Customer.
Passwords:
Each LS Customer is responsible for his or
her passwords. Generally, secure passwords
are between 6 and 8 characters long, contain
letters of mixed case and non-letter characters,
and cannot be found in whole or part, in normal
or reverse order, in any dictionary of words
or names in any language. The Customer is
responsible for changing his or her password
regularly
BACKUPS: Full backups are
made weekly, and backups of new/changed data
made nightly. No guarantees are made of any
kind, either expressed or implied, as to the
integrity of these backups. Backups are made
for server restoration purposes only. It is
the client's responsibility to maintain local
copies of their web content and information.
If loss of data occurs due to an error of LS,
LS will attempt to recover the data for no charge
to the client. If data loss occurs due to negligence
of client in securing their account or by an
action of the client, LS will attempt to recover
the data from the most recent archive for a
$50.00 fee.
Trademarks
& Copyrights
Client warrants
that it has the right to use any applicable trademarks
or copyrighted material used in connection with
this service.
Age
Client certifies
that he or she is of full legal age to enter into
this agreement.
Policies
Client agrees
to all terms in the LS Policies and Terms Of Service
Agreement located at: http://lanservices.com/poltos.htm
LS network
resources used by Client may not be used to impersonate
another person or misrepresent authorization to
act on behalf of others or LS. All messages transmitted
by Client should correctly identify the sender.
Users may not alter the attribution of origin
in electronic mail messages or posting. Users
must not attempt to undermine the security or
integrity of computing systems or networks and
must not attempt to gain unauthorized access.
Termination
This Agreement
may be terminated by either party, without
cause, by giving the other party 30 days written
notice. Written notice may be by postal, email
or fax transmission. LS reserves the right
to verify all cancellations before terminating
service. Notwithstanding the above, LS may
terminate service under this Agreement at
any time, without penalty, if the Client fails
to comply with any of the terms of this Agreement.
Termination
for any violation of the LS
Policies and Terms of Service Agreement
shall be immediate. LS may, at its option,
cancel or suspend service immediately should
it believe Client has violated or is about
to violate the LS Terms of Service agreement
located at http://lanservices.com/poltos.htm
or should the Client fail to remit payment
to LS by the Client's invoice due date.
Client
may be liable for certain fees relating to
termination when such termination is due to
Unsolicited Commercial eMail. Such fees are
outlined in the LS
Policies and Terms of Service Agreement .
Notice
of cancellation Written notice of cancellation
may be by postal mail, email or fax transmission.
Limited
Liability
Client
expressly agrees that use of the Server offered
by LS is at Client's sole risk. Neither LS,
its employees, affiliates, agents, merchants
licensers or the like, warrant that the 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 LS Server
service. Agreement.
Under no
circumstances, including negligence, shall
LS, its offices, agents or anyone else involved
in creating, producing or distributing LS'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 LS 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 LS's records, programs or services.
Client hereby acknowledges that this paragraph
shall apply to all content on LS's Server
service.
Notwithstanding
the above, Client's exclusive remedies for
all damages, losses and causes of actions
whether in contract, tort including negligence
or otherwise, shall not exceed the aggregate
dollar amount which Client paid during the
term of this Agreement.
Lawful
Purpose
Client may
only use LS's Server service for lawful purposes.
Transmission of any material in violation of any
Federal, State or Local regulation is prohibited.
This includes, but is not limited to copyrighted
material, material legally judged to be threatening
or obscene, or material protected by trade secrets.
Indemnification
Client agrees
that it shall defend, indemnify, save and hold
LS harmless from any and all demands, liabilities,
losses, costs and claims, including reasonable
attorneys' fees asserted against LS, 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 Client, its agents, employees
or assigns. Client agrees to defend, indemnify
and hold harmless LS against Liabilities arising
out of any of the following:
any injury to person or
property caused by any products sold or otherwise
distributed in connection with LS's Server service;
any material supplied by
Client infringing or allegedly infringing on
the proprietary rights of a third party;
copyright infringement;
and
any defective product which
Client sold on the Server offered by LS
Domain
Name Ownership, Disputes, and Use
Any domain
name registered by LS on behalf of Client is the
property of said Client after the Client has paid
LS any registration fees that LS has incurred
on behalf of the client. LS claims no ownership
over Client domain names that the Client has paid
to register. At its option, LS will either arrange
for any billing for names registered by LS on
behalf of Client to be sent directly by the registrar
or agent thereof to the Client, or LS will directly
bill the client for these registration fees plus
applicable expenses, and/or service charges, if
any.
Client agrees
that LS may be presented with information that
Client's domain name possibly violates the trademark
rights or other intellectual property rights of
a trademark or other intellectual property rights
owner. In case of such action, Client agrees to
the following:
Client agrees to hold LS
harmless of any action taken by such owner
regardless of the outcome of such dispute
and regardless of whether Domain Name Service
hosting for Client's domain is hosted at or
continued to be hosted at LS.
Client
agrees that LS has the right to discontinue
name service in the event of such dispute
over a Client's domain name.
Client
agrees that should LS discontinue name service
for Client's domain upon notification of such
dispute that that LS will not be liable for
any loss of business, interruption of business,
loss of Client's domain name, or any indirect,
special, incidental, or consequential damages
of any kind (including lost profits) regardless
of the form of action whether in contract,
tort (including negligence), or otherwise,
even if LS has been advised of the possibility
of such damages.
In no event shall LS's maximum
liability exceed one hundred ($100.00) dollars.
Client agrees
that a LS contact person shall be named as the
technical or zone contact for any
domains hosted at LS. Client agrees that LS may
create and use network resources with the Client's
domain name for administrative, testing, and network
infrastructure enhancement purposes.
Contract Revisions
Revisions
to this Contract will be considered agreed to
by the Client on renewal of LS Services as specified
in Section I. Financial Arrangements.
This Agreement
and LS Policies
and Terms of Service Agreement constitute
the entire understanding of the parties. Any changes
or modifications to this Contract are agreed to by the
parties upon renewal of services.
This Agreement
shall be governed and construed in accordance with the
laws of the State of California.
If you have any questions regarding the
information on this page please contact: info@bobsolutions.net