- Policies and
Procedures
for
Web Site Hosting
Services
The following agreement is by and between
RACINEonline.com located in McKinney, Texas
-
- The following words used in context
of the Service Contract are defined as follows:
- "Provider": RACINEonline.com
- "Client": The person or entity who is applying for Web
Site Hosting or Domain Name Registration Services
-
- The Provider agrees to provide, and Client agrees to receive,
access to the Web Site Hosting Services according to the following
terms and conditions:
- 1. Financial Arrangements:
- a) Client agrees to a 12 month contract.
- b) First Annual payment of monthly fees for the Web
Site Hosting Service.
- c) Plus applicable setup charges, registration fees,
shall be due upon Provider's receipt of contract.
- d) This agreement will automatically renew for
successive single month periods unless canceled in writing prior
to the monthly renewal date. Client will receive an invoice for
charges and payment is due upon receipt. Renewal prices are
subject to change. Renewal of services by client indicates
agreement to contract revisions.
- e) A late charge of $10 will be applied after 15 days
from the due date. If payment is not received by Provider within
15 days of the due date, Provider has the option of terminating
the client's account.
- f) Provider reserves the right, in its sole
discretion, to deactivate the Client's account(s) upon an
- indication of credit problems including delinquent payments.
Client's domain name will be retained by us until clients account
is paid in full.
- g) If a client fails to renew a domain, the provider
reserves the right to renew the domain and retain ownership rights
to the domain for future use. Client agrees that it will forfeit
any rights to the domain in the event the client elects not to
renew or fails to make payments on time.
- 2. Taxes:
- RACINEonline.com shall not be liable for any taxes or other
fees to be paid in accordance with or related to purchases made
from Client or Client's use of Hosting Services. Client agrees to
take full responsibility for all taxes and fees of any nature
associated with such products sold.
- 3. Service and Products:
- a) THE PROVIDER'S SERVICE IS PROVIDED ON AN "AS IS, AS
AVAILABLE" BASIS. THE PROVIDER GIVES NO WARRANTY, EXPRESSED OR
IMPLIED, FOR THE Web Site Hosting Services PROVIDED, INCLUDING,
WITHOUT LIMITATION, WARRANTY OF THE MERCHANT ABILITY AND WARRANTY
OF FITNESS FOR A PARTICULAR PURPOSE. THIS NO WARRANTY EXPRESSLY
INCLUDES ANY REIMBURSEMENT FOR LOSSES OF INCOME DUE TO DISRUPTION
OF SERVICE BY PROVIDER OR ITS PROVIDERS BEYOND THE FEES PAID BY
CLIENT TO PROVIDER FOR SERVICES.
- b) Client will use the hosting services in a manner
consistent with any and all applicable laws of State of Texas and
the US Federal Government.
- c) Use of any information obtained by way of provider
is at Client's own risk, and Provider specifically denies any
responsibility for the accuracy or quality of information obtained
though its services. Connection speed represents the speed of a
connection to and does not represent guarantees of available end
to end bandwidth.
- d) Provider is not responsible for any damages arising
from Client's use of Provider or by Client's inability to use the
hosting services for any reason.
- e) While Provider shall make every reasonable effort
to protect data stored on Client's Server(s), Provider is not
responsible for Client's data, files, or directories residing on
Provider's equipment. Client is solely responsible for maintaining
data, file, and directory structure back-ups.
- 4. Trademarks and Copyrights.
- a) Client warrants that it has the right to use the
applicable trademarks of Client, and grants to Provider the rights
to use such trademarks, if any, in connection with Provider's
promotion of, referencing of, cataloging of, or indexing of
Provider's clients.
- b) CLIENT HEREBY AGREES THAT ANY MATERIAL SUBMITTED
FOR PUBLICATION ON PROVIDER 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.
- 5. Hardware, Equipment and Software:
- Client is responsible for and must provide all telephone,
computer, hardware and software equipment and services necessary
to access the services. Provider makes no representations,
warranties or assurances that Client's equipment will be
compatible with Provider's services.
- 6. Age:
- Client certifies that he or she is at least 18 years of
age.
- 7. Internet Etiquette:
- a) Users of Internet and electronic forums should be
considerate of the expectation and sensitivities of others on the
network when posting material for electronic distribution. The
network resources may not be used to impersonate another person or
misrepresent authorization to act on behalf of others or Provider.
All messages transmitted via Provider's service 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.
- b) Due to the public nature of the Internet, all
information should be considered publicly accessible, and
important or private information should be treated carefully.
Provider is not liable for protection or privacy of electronic
mail or other information transferred through the Internet or any
other network provider or its customers may utilize.
- c) Client hereby agrees to indemnify and hold harmless
the Provider from any claim resulting from the Client's or another
party's use of electronic mail service(s) on the Client's hosting
services account(s).
- 8. Termination:
- This Agreement may be terminated by either party, without
cause, by giving the other party 30 days written notice.
Notwithstanding the above, Provider may terminate service under
this Agreement at any time, without penalty, if Client fails to
comply with the terms of this Agreement.
- 9. Limited Liability:
- a) Client expressly agrees that use of Provider's
service is at Client's sole risk. Provider, its employees,
affiliates, agents, third party information providers, merchants,
licensers or the like, warrant that Provider's hosting services
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 Virtual Server service or as to the accuracy, reliability or
content of any information service or merchandise contained in or
provided though the RACINEonline.com hosting services, unless
otherwise expressly stated in this Agreement.
- b) CLIENT HEREBY AGREES THAT ANY MATERIAL SUBMITTED
FOR PUBLICATION ON PROVIDER THOUGH CLIENT'S ACCOUNT(S) WILL NOT
CONTAIN ANYTHING LEADING TO AN ABUSIVE OR UNETHICAL USE OF THE
VIRTUAL SERVER 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, ANY HARASSING AND HARMFUL MATERIAL OR USES, ANY ILLEGAL
ACTIVITY, OR MATERIAL ADVOCATING ILLEGAL ACTIVITY, AND ANY
INFRINGEMENT OF PRIVACY OR LIBEL.
- c) Client hereby agrees to indemnify and hold harmless
the provider from any claim resulting from Client's publication of
material or use of those materials. Provider may or may not give
notice before deactivating the use of an account(s) which the
provider decides is an abusive or unethical use of, or a
potentially illegal use of the host server(s). Client hereby
agrees to indemnify and hold harmless the provider for any claim
resulting from the submission of illegal materials.
- d) Under no circumstances, including negligence, shall
Provider, its offices, agents or anyone else involved in creating,
producing or distributing Provider's service be liable for any
direct, indirect, incidental, special or consequential damages
that result from the use of or inability to use the Provider's
services; or that results from mistakes, omissions, interruptions,
deletion or loss of files or data, errors, defects, delays in
operation, or of performance, whether or not limited to acts of
God, communication failure, theft, destruction or unauthorized
access to Provider's records, programs or services. Client
maintains sole responsibility for data backup and restoration.
Client hereby acknowledges that this paragraph shall apply to all
content on Provider's services.
- e) 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 and any reasonable attorney's fee and court
costs.
- 10. Indemnification:
- Client agrees that it shall defend, indemnify, save and hold
Provider harmless from any and all demands, liabilities, losses,
costs and claims, including reasonable attorneys' fees,
("Liabilities") asserted against Provider, agents, its clients,
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 Provider against
Liabilities arising out of (i) any injury to person or property
caused by any products or services sold or otherwise distributed
in connection with Provider's service; (ii) any material supplied
by Client infringing on the proprietary rights of a third party;
(iii) copyright infringement and (iv) any defective product which
Client sold on the Server.
- 11. Contract Revisions:
- Revisions to this Contract will be considered agreed to by
Client on renewal of Provider's hosting services as specified in
Section 1(c).
- 12. Value Added Reselling:
- a) Client is allowed to resell the storage and transfer
services provided by Provider. Client agrees and is responsible
for all third party customers' content, support, setup and
maintenance.
- b) Provider will take reasonable steps to avoid direct
marketing of Provider's hosting services to Client's third party
customers. However, Provider is not liable in any way for Client's
loss of business that may result from Provider's direct or
indirect marketing, service or sales to the customers of
Provider's clients.
- 13. Entire Understanding:
- The agreement contained in this Contract constitutes the sole
agreement between Provider and Client regarding its Virtual Server
service. This Agreement shall be governed and construed in
accordance with the laws of the State of Texas.
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