| 
TERMS
OF SERVICE
Hosting Agreement
1. Definitions.
1.1 "Customer" means the persons, entity or agents and
authorized representatives accepting this agreement.
1.2 "Content" means all text, pictures, sound, graphics,
video, links, and other data stored by Customer on Forcefield's
server computers.
1.3 "Website" means pages presenting the Content stored
by Customer on Forcefield's server computers.
1.4 "User" means users of Customer's Website.
1.5 "User Content" means all text, pictures, sound, graphics,
video, links, and other data stored by Users on Forcefield's server
computers.
1.6 "Confidential Information" means information that
Customer takes reasonable steps to maintain in confidence and identifies
in writing to Forcefield as confidential.
2. Web Hosting.
2.1 - Hosting.
Forcefield will provide dedicated or shared server computers, as
specified in Exhibit A, with an Internet address for storage and
access of Content, User Content, Email and the Website. The Website,
Content, and User Content must be "server-ready." If Customer
requires additional bandwidth or storage, Forcefield will negotiate
in good faith to amend this Agreement unless Forcefield's server
computers cannot accommodate the requested bandwidth or storage.
2.2 - Website Backup.
Forcefield will backup the Website in a commercially reasonable
manner. However, Forcefield is not responsible for lost Content
or lost User Content. Website backups will be stored by Forcefield
for no longer than 14 days. Forcefield will provide, at Customer's
expense, an electronic copy of the backup Website to Customer upon
written request by Customer. Backups are intended for disaster recovery,
not the restoration of individual files.
2.3 - Standards.
Forcefield's services will conform to the following:
2.3.1 - Web Site and Email Availability Service Level Agreement
COVERAGE
This Web Site and Email Availability Service Level Agreement applies
to YOU if YOU have ordered *any* hosting plans ("Service")
and YOU are in good financial standing with FORCEFIELD.
SERVICE LEVEL
FORCEFIELD endeavors to have network connectivity available for
http and email access by third parties 99.9% of the time ("Web
Site Availability").
CREDITS
In the event that there is no Web Site or Email Availability, Forcefield
will credit the monthly service charge for the Service as calculated
below and as measured 24-hours a day in a calendar month, with the
maximum credit not to exceed the monthly service charge for the
affected month:
Availability Credit
95% to 99.8% = 25%
90% to 94.9% = 50%
89.9% or below = 100%
Annually paying customers will
be refunded for the given month’s downtime.
In order for YOU to receive
a credit on YOUR account, YOU must request such credit within seven
(7) business days after YOU experienced no Web Site or Email Availability.
YOU must request credit by sending an electronic mail message to
scott@forcefieldnc.com.
For security, the body of this message must contain YOUR domain
name, the dates and times of the unavailability of YOUR web site,
and such other customer identification requested by FORCEFIELD .
Credits will usually be applied within sixty (60) days of YOUR credit
request. Credit to your account shall be YOUR sole and exclusive
remedy in the event that there is no Web Site Availability.
RESTRICTIONS
Credits shall not be provided to YOU in the event that YOU have
no Web Site Availability resulting from (i) scheduled maintenance,
(ii) YOUR behavior or the performance or failure of YOUR equipment,
facilities or applications, or (iii) circumstances beyond FORCEFIELD's
reasonable control, including, without limitation, acts of any governmental
body, war, insurrection, sabotage, embargo, fire, flood, strike
or other labor disturbance, interruption of or delay in transportation,
unavailability of interruption or delay in telecommunications or
third party services (including DNS propagation), failure of third
party software or hardware or inability to obtain raw materials,
supplies, or power used in or equipment needed for provision of
YOUR Web Site.
LIMITATIONS
On-line problems occur continuously. There might come a time when
you cannot access your website or any other service. This is not
necessarily due to Forcefield. Perhaps your ISP is experiencing
technical difficulties, or there might be a routing problem between
your ISP and Forcefield , making communication difficult or impossible.
We cannot bear the responsibility of such problems. Our monitoring
agents determine the uptime of our service, and not any one client's
experience.
2.3.2 - Security.
Forcefield will take commercially reasonable steps to prevent unauthorized
access to the Website, Content, User Content, and Confidential Information
stored on Forcefield's server computers. This is done by Firewall
monitoring, maintenance, and upgrades when necessary; as well as
keeping our server software up to date with the latest security
patches.
2.3.3 - Server/Network
Computer Outages.
Forcefield will employ best efforts in providing advance notice
to Customer of scheduled server computer/network outages.
2.3.4 - Disclaimers.
Forcefield provides no equipment, software, or communication connections
to Customer. Forcefield makes no representations, warranties or
assurances that the Customer's equipment, software, and communication
connections will be compatible with Forcefield's hardware and service.
3. Ownership of Content.
All Content and User Content stored by Customer on Forcefield's
server computers shall at all times remain the property of Customer.
Customer grants to Forcefield a non-exclusive, worldwide license
to the Content and User Content only to the extent necessary for
Forcefield to host the Website.
4. Content Control.
4.1 - Lawful Purpose.
Customer will only use Forcefield's hardware and services for lawful
purposes and Customer will not store or provide any Content or User
Content or link to any material that violates foreign, federal,
state or local law, or any other Forcefield policy.
4.2 - Remedy for Violation.
Should Forcefield become aware that Customer has violated Part 4.1,
Forcefield may, at its option, remove the Content or User Content
in violation, immediately terminate hosting Customer's Website under
Part 6.3, and/or notify authorities. If hosting is terminated, Forcefield
may, in its sole discretion, reinstate hosting upon adequate showing
of Customer's right to use the Content or User Content.
5. Payments.
5.1 - Fees.
Customer shall pay fees agreed upon during account signup. Forcefield
will invoice annually (unless otherwise agreed in writing), and
payment is due fifteen (15) days from invoicing. In the case of
credit card payments Forcefield will automatically charge Customer
Credit Card on file all fees associated with the account on the
due date. Forcefield may, at its option, charge a 1 % fee for late
payments.
5.2 - Returned Checks and Declined Credit Cards may incur a fee.
5.3 - Account Updates.
It is the responsibility of the customer to maintain accurate billing
information with Forcefield. This may include updated credit card
information, email address and mailing address.
5.4 - Taxes.
Customer is solely liable for any taxes or fees payable for products
or services sold by Customer on the Website.
6. Term and Termination.
6.1 - Term.
The initial term is agreed upon during account signup. After the
initial term, this Agreement will automatically renew on a month-to-month
basis until terminated.
6.2 - Termination by Customer.
During the initial term, Customer may terminate this Agreement upon
the material breach of Forcefield, if such material breach remains
uncured for thirty (30) days following written notice to Forcefield.
This cure period shall be extended by delay caused by events beyond
the control of Forcefield including, but not limited to, natural
disasters, governmental prohibitions or regulations, viruses that
did not result from the acts or omissions of Forcefield, or technical
faults of Forcefield's service providers or vendors. After the initial
term, Customer may terminate this Agreement upon thirty (30) days
written notice to Forcefield.
6.3 - Termination by Forcefield.
Forcefield may immediately terminate this Agreement for cause at
any time without penalty. Causes justifying immediate termination
include, but are not limited to: violation of any foreign, federal,
state, or local law; non-payment of fees due under Part 5 of this
Agreement; breach of this Agreement; any written modifications thereof;
and violation of any other Forcefield policy. Forcefield may terminate
this Agreement without cause at any time upon thirty (30) days written
notice to Customer.
7. DISCLAIMER OF WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED HEREIN,
FORCEFIELD, AND ITS OWNERS, EMPLOYEES, AFFILIATES, AGENTS, VENDORS,
AND THE LIKE, MAKE NO WARRANTY IN CONNECTION WITH FORCEFIELD'S HARDWARE
OR SERVICES, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, NON-INGRINGEMENT,
MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
8. LIMITATION OF LIABILITY. FORCEFIELD, ITS OWNERS, EMPLOYEES, AFFILIATES,
AGENTS, VENDORS, AND THE LIKE SHALL NOT BE LIABLE FOR ANY LOST PROFITS,
LOST BUSINESS, LOST DATA OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO
USE FORCEFIELD'S HARDWARE OR SERVICES. CUSTOMER AGREES THAT ITS
SOLE AND EXCLUSIVE REMEDY SHALL BE RETURN OR REDUCTION OF FEES PAYABLE
TO FORCEFIELD.
9. Customer Indemnity.
Customer shall defend Forcefield against any third party claim,
action, suit or proceeding arising as a result of Customer's use
Forcefield's hardware or services and indemnify Forcefield for all
losses, damages, expenses, and costs incurred by Forcefield as a
result of a final judgment entered against Forcefield in any such
claim, action, suit or proceeding.
10. General Provisions.
10.1 - Governing Law.
This Agreement will be governed and construed in accordance with
the laws of North Carolina, United States of America . Both parties
agree to submit to personal jurisdiction in North Carolina, United
States of America and further agree that any cause of action arising
under this Agreement will be brought in a court in the State of
North Carolina, United States of America..
10.2 - Severability and Waiver.
If any provision of this Agreement is held invalid or unenforceable
for any reason, the remaining provisions will continue in full force
without being impaired or invalidated in any way. The waiver by
either party of a breach of any provision of this Agreement will
not operate or be interpreted as a waiver of any other or subsequent
breach.
10.3 - Relationship of Parties.
No agency, partnership, joint venture, or employment relationship
is created by this Agreement and neither party has the power to
bind the other party.
10.4 - Attorneys Fees and Costs.
In the event that any legal action becomes necessary to enforce
or interpret the terms of this Agreement, the prevailing party shall
be entitled, in addition to its court costs, to such reasonable
attorneys' fees, expert witness fees and legal expenses as may be
fixed by a court of competent jurisdiction.
 |
|
|
|
|
