WEB SITE HOSTING CONTRACT and
TERMS of SERVICE AGREEMENT
THIS AGREEMENT is made and entered between Antares Development,
LLC, 7111 West 151 st . Street, PMB #185, Overland Park, Kansas 66223,
hereinafter referred to as Company and the Customer, who wishes to use
the services of Antares Development, LLC in accordance with Antares Development
LLC's standard application, the online order form .
NOW, THEREFORE, in consideration of the foregoing premises
and the mutual covenants hereinafter set forth, the parties hereto agree
as follows:
1. SERVICE DESCRIPTION: As a World Wide Web service provider,
Company provides dedicated server computers which are integrated into the
Internet. These server computers shall send and receive information in relationship
to the World Wide Web. Customer wishes to connect a web site(s) to the World
Wide Web utilizing the hardware and software resources of Company to establish
an Internet web presence on one of Company's server computers.
1a.
SPAM (unsolicited email): Company has a strict NO SPAM
policy. If you have any plans of sending out SPAM, regardless of what server/computer
sends it out it, please do not continue with the order. Any account that
ignores this policy and sends SPAM anyway will be terminated. Also, if this
period is within the first 30 days, you will lose the 30 day free period
and will lose the 30 day money back guarantee. In other words, the account
would be billed, and no refunds would be allowed. By completing this contract,
you agree you will not send any SPAM related to your site from any computer.
1b.
ADULT SITES: Company does NOT host adult sites, or sites
which generally would be perceived as being of adult nature based on language,
content, photos, images, including nudity of any form. If any of these occur
on an account, the same account termination procedures and forfeitures apply
as indicated above on line 1a.
1c.
ILLEGAL INFORMATION: Company does NOT host any site
which contains or promotes illegal products or information of any kind. If
any of these occur on an account, the same account termination procedures
and forfeitures apply as indicated above on line 1a.
1d.
MISCELLANEOUS CONDITIONS: Client hereby agrees that
all domain names and any material submitted for publication on Company's
servers through client's account(s) will not contain anything leading to
an abusive or unethical use of the web hosting product(s) or the host server(s).
Abusive and unethical materials and uses include, but are not limited to
pornography, obscenity, nudity, violations of privacy, computer viruses,
hacking, warez, and any harassing, offensive and/or harmful materials or
uses. Company management retains the right and final opinion regarding whether
any portion of a site falls within one of these categories. Client hereby
agrees to indemnify and hold harmless Company from any claim resulting from
your publication of materials or your use of those materials. Violations
of Company's Terms of Service may result in immediate account termination
and Company reserves the right to charge up to $50.00 clean-up fee.
1e.
MISCELLANEOUS FEES: If the Company is required to move
a domain to an alternate server due to a Client request for a service, such
as ColdFusion, Client will be subject to a $9.95 Server Switch Fee.
2.
CONDITIONS: The application and this Agreement constitute
a binding contract between Company and the Customer and does not extend
to any other person or entity. Cancellations after the application is
received and webspace is set-up will still hold the Customer responsible
for server space and the set-up fee (if any) of the web space, unless
the cancellation is within the first 30 days, then the customer, upon
request, will be refunded the current account setup fee (if any) which
the customer was charged. This does not apply to MS SQL database charges
and/or setup fees.
3.
WARRANTIES: With respect to the service to be provided
herein, the Customer acknowledges that Company makes absolutely no warranties
whatsoever express or implied. As a result, the Customer agrees that Company
shall not be liable to the Customer for any claims or damages which may
be suffered by the Customer, including, but not limited to, losses or damages
resulting from the loss of data (including database data in any format),
email data, delays, non-deliveries, or service interruptions. The customer
also acknowledges that by using any shopping cart system, whether provided
by Company or not, Company will not be held responsible for chargebacks,
errors, loss of revenue, loss of data, web server failure, downtime, or
any disputes that may arise from the use of any shopping cart system.
4.
INFORMATION: The utilization of any data or information
received by the Customer from the utilization of the service to be provided
by Company is at the Customer's sole and absolute risk. Company 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: If Company shall acquire an Internet Domain
Name on behalf of the Customer, then in such case the Customer hereby waives
any and all claims which it may have against Company, for any loss, damage,
claim or expense arising out of or in relation to the registration or renewal
of such Domain Name, including but not limited to, registration in any
on-line or off-line network directories, membership lists or registration
lists, or the release of the Domain Name from such directories or lists
following the termination of the providing of this service by Company for
any reason.
6.
PAYMENT: Company currently does not charge a setup fee.
Any set-up fee (when applicable) is due at the time the application is
filled out, and submitted to Company. Subsequent payments are due according
to the selected fee schedule following the establishment of the web space
on the Internet. After the first free month, web space will be billed a
minimum of one (1) month in advance depending on the selected fee schedule.
Subsequent payments are due on the renewal date per the selected fee schedule.
In the event that the Customer fails to pay for such services in advance,
Company shall be entitled to unilaterally terminate this Agreement and
discontinue the service until payment is made.
Contract
Renewal: All contracts are automatically renewed
for another term unless a written notice of cancellation submitted through
our cancellation form at least two weeks in advance of the renewal date
/ anniversary date. If no correct notice of cancellation is given, all
contracts will be automatically renewed for another term under the same
conditions.
If client disputes justified charges by Company on his credit card, Company
has the right to charge a $25 administration fee and immediately discontinue
service.
Company reserves the right to refuse service to anyone at any time. Company
reserves the right, in its sole discretion, to deactivate your account(s)
without further warning upon an indication of credit problems including
delinquent payments, or if this service contract is violated, or if Client's
account or the traffic on this account causes any kind of network or server
problem or disturbances.
7.
UNILATERAL SERVICE REVOCATION: In the event that Company
may at any time believe that the service is being utilized for unlawful
purposes by the Customer or in contravention with the terms and provisions
herewith, Company may immediately discontinue such service to the Customer
without liability.
SPAM: In
the event that Company determines the account to be participating in any
way with SPAM, including mining of email addresses, sending unsolicited
email, or any other form of SPAM, Company may immediately discontinue such
service to the Customer without liability. FURTHER, if this occurs within
the first free month, Customer forfeits the right to a free month, and
will be billed for that month, and service will be terminated.
Indirect
Storage and/or Processing: Company does not allow
our servers to be used as a storage location for download or access of
files of any type (.exe, .doc, .pdf, .asp, .htm, .gif, .jpg etc.) that
are not directly related to the account which we host. Also, Company does
not allow our servers to be used to process scripts and forms which do
not directly relate to the account which we host. Basically, if it's related
to your site, that's fine. If it's related to someone else's site, it should
be on their server.
Email
Services: Email accounts (POP3) are intended to be
used directly by the individual/Company/organization associated with the
domain that we host. It is strongly recommended to use an email program
like Outlook Express to retrieve the email from the POP3 account and store
the emails locally. Due to the ever changing nature of email, the email
POP3 accounts are not backed up, and in accordance with Item 3 above, Company
shall not be liable for any loss of email data stored on the email server(s).
Storage of received, sent and any other format of email is considered in
determining the total disk space used for the account. Likewise, email
traffic is considered in determining the total traffic/bandwidth used by
the account. A domain may not use more than 200MB disk space for total
email usage. The maximum disk space a POP account may use individually
is 15MB.
8.
MATERIAL and INDEMNIFICATION: Client hereby agrees that
all domain names and any material submitted for publication on Company's
server(s) through client's account(s) will not violate or infringe any
copyright, trademark, patent, statutory, common law or proprietary rights
of others, or contain anything libelous or harmful. Client hereby agrees
to indemnify and hold harmless Company for any claim resulting from the
submission of illegal materials, any and all loss, cost, expense, and damages
on account of any and all manner of claims, demands, actions, and proceedings
that may be initiated against Company on the grounds of such violation.
Violations to Company's Terms of Service will result in immediate account
termination and Company reserves the right to charge up to $50.00 clean-up
fee.
9.
CHANGES IN TERMS OF AGREEMENT: Company reserves the
right to make changes to the terms and conditions of this Agreement. It
is the Customer's responsibility to periodically review the Web Hosting
Contract and Terms of Service Agreement). Utilization of the service by
the Customer following the effective date of such change shall constitute
acceptance by the Customer of such change(s).
10.
ENTIRE AGREEMENT AND UNDERSTANDING: This instrument
and the application for web space constitute the entire agreement between
the parties, and represent the complete and entire understanding of the
parties with respect to the subject matter of this Agreement.
11.
GOVERNING LAW: This Agreement shall be governed by
the laws of the State of Kansas in the United States of America . 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.
12.
CGI-SCRIPTS: You are free to use any CGI scripts you
wish, as long as it does not negatively affect another site on the internet.
The CGI script can not be used for any illegal activity. Company reserves
the right to disable any CGI script or script access on an account.
13.
REFUSAL OF SERVICE: We reserve the right to refuse
or cancel service at our sole discretion. Failure to comply with any of
our policies will result in immediate termination of services. No refunds
will be issued under these circumstances.
14.
LOG FILES: Log files may be deleted on a periodic basis.
Users are responsible for downloading their log files if user needs the
log files. It is recommended that clients who wish to maintain a history
of their log files download them monthly.
15.
CPU, MEMORY, and DISK SPACE: It is a violation for
anyone to post information or to include programs, scripts, and images
on the web space provided through the Company services which consume excessive
bandwidth, CPU time or storage space. For most web sites (probably over
90%) this isn't even an issue. If your site(s) violate this agreement,
Company reserves the right to de-activate or terminate your site(s) service
immediately. We understand sites grow, and may need more disk space. That
isn't the concern here. Extremely excessive disk space usage is not permitted.
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.
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