iSTmedia Web Hosting Contract

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iSTmedia Web Hosting Contract Powered By Docstoc
					iSTmedia Web Hosting Contract
The following terms apply to iSTmedia.com (“WEB HOST”) and the “Account Holder” for
Web site hosting.

1.      Introduction. Account Holder agrees to the terms and conditions outlined in this
Web Hosting Contract ("Contract") with respect to the goods, services and information
provide. This Contract constitutes the entire and only agreement between Account
Holder and the WEB HOST and supersedes any and all prior or contemporaneous
agreements, representations, warranties, and understandings with respect to the goods,
services and information provided by or through representatives and the subject matter
of this Contract. Account Holder agrees to review this Contract prior to purchasing
anything and purchase of a good or service shall be deemed acceptance of this
Contract.

2.      Setup and Payment. Account Holder will pay the first year’s/month’s fees to initiate
this contract. Billing will be sent yearly/monthly with a 15-day grace period. If payment
is not received by the stated due date, the site will be removed from on-line viewing. The
Account Holder certifies that all information given to WEB HOST pertaining to billing is true
and correct. Account Holder is responsible for all charges incurred through use of
Account Holder's FTP access passwords. Account Holder agrees to keep his or her
access passwords confidential and to notify WEB HOST representatives immediately in the
event of any breach of this Contract or unauthorized use of an account occurs. WEB
HOST cannot and does not protect Account Holder from unauthorized use of Account
Holder's passwords. Failure to pay will result in a warning e-mail 24 to 48 hours before the
account is classified as inactive. Refunds will be issued by check only and will also be
documented by e-mail.

3.    Editing, Deleting, and Modification. Host reserves the right in its sole discretion to
change terms of web hosting and pricing. Upon notice published over the Service, WEB
HOST may modify this Contract, or prices, and may discontinue or revise any or all
aspects of the Site in its sole discretion with 30 days prior notice. Modification of this
Contract will be deemed effective upon publication on the Site with respect to
transactions occurring after said date.

6.     Right to Refuse. Web Host reserves the right in its sole discretion to refuse service at
any time. Sale of any goods or services is subject to availability. Sites may not be
created or used for any purpose that is deemed by WEB HOST to be illegal, obscene,
pornographic, racist, discriminatory, hate mongering, or graphically violent. Sites may
not be created to degrade, abuse, or harass any person or segment of society. Sites may
not contain foul or offensive language. Should any user come across material believed
to be in violation of these terms, or believed to be otherwise offensive or inappropriate,
please notify WEB HOST immediately, and WEB HOST will review the matter.

The following non-exclusive list of activities are prohibited on iSTmedia.com Servers:

   1. Developing home pages that consist of hyperlinks to content that is not allowed
      by WEB HOST;
   2. Using a WEB HOST website to gather personal information from individuals for
      unlawful purposes;
   3. Posting or disclosing any personal identifying information belonging to children.
   4. Determining whether a site is created or used for any of the above purposes, or
      for any other offensive or inappropriate purpose, is a matter of discretion wholly
      within the purview of WEB HOST’s management to decide.

Any site deemed to have been created or used for any of the above-mentioned
purposes, or for any other purpose that WEB HOST’s management deems to be offensive
or inappropriate, may be immediately removed from WEB HOST without prior notice to
the owner.

7.     Indemnification. Account Holder agrees to indemnify, defend and hold WEB HOST
and its affiliates, licensors and suppliers harmless from any liability, loss, claim and
expense, including reasonable attorney's fees, related to a Account Holder's violation of
this Contract or use of the Site.

8.     Non-Transferable. Account Holder's right to use the Service is not transferable and
is subject to any limits established by WEB HOST or by Account Holder's credit card
company.

9.     Disclaimer. THE SERVICE, CONTENT, GOODS AND SERVICES FROM OR THROUGH THE
SERVICE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR
IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).
THE SOLE AND ENTIRE MAXIMUM LIABILITY OF WEB HOST, FOR ANY REASON, AND
ACCOUNT HOLDER'S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL
BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PARTICULAR ITEMS
PURCHASED. WEB HOST AND ANY OF ITS AFFILIATES, DEALERS OR SUPPLIERS ARE NOT LIABLE
FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING
DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER
BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL
ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WEB HOST AND ACCOUNT HOLDER.
THIS SITE AND GOODS AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH
LIMITATIONS. SOME STATE STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY.

10. Server Abuse. Any use, which interferes with the server’s ability to function in its
primary purpose of publishing web documents, is prohibited.

11. Mail Abuse. Including, but not limited to, mass mailing unsolicited email and email
forgery (spam) and Usenet news abuse (including, but not limited to, mass cross posting
articles and posting unrelated to group topics), whether direct or indirect, whether used
externally to promote a site at WEB HOST or sent via WEB HOST, is prohibited.

12. Network Abuse. Any use of WEB HOST’s facilities to commit network abuse
(including, but not limited to, denial of service attacks such as ping bombing, email
bombing, etc.) or otherwise compromise the security of any host or network is prohibited.

13. Data Storage. All data stored or transmitted must be legal under all applicable US
laws. The Account Holder is solely responsible for determining the legality of their data,
which is stored or transmitted. It also the Account Holder’s sole responsibility to have a
complete back up of their company web site.
14. Domain Registration. Maintaining registration of any domain names are the sole
responsibility of the Account Holder.

15. Network Attacks. Should the Account Holder become the target of a network
attach, WEB HOST reserves the right to take any necessary actions (including, but not
limited to, temporary suspension of the Account Holder’s account) required to return
server or network operation to normal.

16. Use of Services. Use of WEB HOST’s services, including the storage of information, is
at the Account Holder’s sole risk. Although all reasonable precautions are taken;
because of the nature of the internet, WEB HOST does not warrant that the service will be
uninterrupted or error free. WEB HOST’s services are provided on an “as is” basis without
warranties of any kind, either express or implied. Neither WEB HOST nor anyone else
involved in creating, producing, or delivering WEB HOST services shall be liable for any
direct, indirect, incidental, special or consequential damages arising out of the use of
WEB HOST or the inability to use WEB HOST services. The provisions of this paragraph will
survive termination of this agreement.

17. Miscellaneous. This Contract shall be treated as though it were executed and
performed in Tacoma, Pierce County, and shall be governed by and construed in
accordance with the laws of the United States of America and of the State of Washington
(without regard to conflict of law principles). Any cause of action of Account Holder with
respect to the Site must be instituted within six (6) months after any purchase or be
forever waived and barred. All actions shall be subject to the limitations set forth in
Section 8. The language in this Contract shall be interpreted as to its fair meaning and
not strictly for or against any party. All legal proceedings arising out of or in connection
with this Contract shall be brought solely in Seattle, Washington, and Account Holder
expressly submits to the jurisdiction of said courts and Account Holder consents to extra-
territorial service of process. Should any part of this Contract be held invalid or
unenforceable, that portion shall be construed consistent with applicable law as nearly
as possible to reflect the original intentions of the parties and the remaining portions shall
remain in full force and effect. To the extent that anything in or associated with the Site or
WEB HOST is in conflict or inconsistent with this Contract, this Contract shall take
precedence. Failure of WEB HOST to enforce any provision of this Contract shall not be
deemed a waiver of such provision nor of the right to enforce such provision.

18. Termination. The Account Holder may terminate their account at any time. The
request to terminate the account must be in writing. Transferring the Account Domain
does not terminate the Account Holder’s account. The Account Holder must send
cancellation request via an email message to sales@istmedia.com or by mail to:

                                      iSTmedia.com
                                      5002 n. 19th St.
                                    Tacoma, WA 98406

Provisions: 5 Email Accounts, 100mb space and 20GB monthly bandwidth. $120 yearly

Domain Registration: $35 yearly

				
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posted:12/25/2009
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