This Agreement ("Agreement") is between BEST1HOSTING
, a Pennsylvania Company ("BEST1HOSTING"),
233 Memorial Dr, Bath Pa. 18014 and the party specified
in the order form annexed hereto and incorporated herein by reference
("Order"). Such party shall be referred to herein as
the "Customer" and shall enter into this Agreement
by Submitting the orderform for our services.
For good and valuable consideration, the parties agree as follows:
1. SERVICES
Subject to the terms and conditions of this Agreement, BEST1HOSTING will provide to Customer Internet facilities consisting
of some or all of: connectivity, web hosting, software management,
hardware management, and/or related services described in the
plan selected by Customer from BEST1HOSTING's then published
list of services offered from time to time ("Services").
The specific plan of Services to be provided initially to Customer
shall be as selected in the Order and thereafter as established
through correspondence between Customer and BEST1HOSTING.
2. TERM
The initial term of this Agreement shall be as stated in the
Order ("Initial Term"). The Initial Term shall begin
upon commencement of Service to Customer, provided, however,
no Service shall commence unless and until BEST1HOSTING
receives and accepts a completed Order from Customer, plus payment
in full for Services to be rendered during the Initial Term and
any setup charges. BEST1HOSTING reserves the right to reject
any submitted Order for any or no reason prior to written acceptance
thereof by BEST1HOSTING. After the Initial Term, unless
otherwise agreed to by the parties, or if client pays by check, this Agreement shall automatically
renew for successive terms of equal length as the Initial Term
unless terminated or canceled by either party only as provided
in Paragraph 9 below. Clients paying by check are solely responsible for knowing their renewal date. The Initial Term plus all successive renewal
periods during which Service is provided shall be collectively
referred to as the "Term."
3. FEES AND PAYMENT
All fees for Services rendered or provided to Customer shall
be in accordance with BEST1HOSTING' fee schedule then in
effect, the terms of which are incorporated herein by reference.
A fee schedule setting forth BEST1HOSTING' current rates
for Services is annexed to the Order. BEST1HOSTING may,
with 30 days notice to Customer, amend the Services and/or the
rates and fees it charges for the Services. Fees for renewal
periods after the Initial Term shall be due and owing immediately
upon the first day of such renewal period. Customer will receive
an email invoice for the charges for the basic Services rendered or
provided by BEST1HOSTING for such renewal period, plus any
additional Services rendered or provided by BEST1HOSTING
to Customer for the preceding month of the Term, and any other
charges or fees then due hereunder. Payment in full of such invoiced
amount is due upon receipt of the invoice. Clientswill be notified one month in advance of expiration of their service via email and will be required to fill out the order form again. Should payment in full of any invoice not be received
by BEST1HOSTING within thirty (30) days after date of invoice,
BEST1HOSTING will suspend the account for a period of 30 days. In addition, in the
event that any amount due BEST1HOSTING remains unpaid thirty
(30) days after presentation of an invoice to Customer, Best1Hosting, in its sole discretion, may immediately terminate
this Agreement, and/or withhold or suspend Services. All taxes,
fees and governmental charges relating to the Services provided
hereunder (other than income taxes of BEST1HOSTING) shall
be paid by Customer. Checks returned unpaid (NSF) will be assessed
a $20 charge. All payments are in U.S. currency. Accounts not brought up to date by the end of the 30 day suspension period will be deleted from the server.
4. CONTENT AND CUSTOMER'S RESPONSIBILITY
BEST1HOSTING will exercise no control whatsoever over, nor
have any responsibility or liability whatsoever for, the content
of the information passing through its network. BEST1HOSTING
shall make no effort to validate any information passing through
its network for content, correctness, usability or for any other
reason.
5. NO WARRANTY
Customer agrees to use BEST1HOSTING' Services, and any information
obtained through or from BEST1HOSTING, at Customer's own
risk. Customer acknowledges and understands that neither Best1hosting, nor any of its employees, representatives, agents
or the like, warrant that the Services offered or provided hereunder
will not be interrupted or be error free, nor do they make any
warranty or representation as to the results that may be obtained
from the use of the Service or as to the accuracy, reliability
or content of any information service or merchandise contained
in or provided through the Service, unless otherwise expressly
stated in this Agreement. BEST1HOSTING specifically disclaims
all warranties of any kind, including, without limitation, the
warranty of merchantability and fitness for a particular purpose,
whether expressed or implied, for the Service it is offering
or providing hereunder.
6. PROHIBITED USES
Customer shall not use BEST1HOSTING´s Services in
violation of BEST1HOSTING's "Acceptable Usage Policy"
provided herewith.
7. LIMITED LIABILITY
Under no circumstances, including negligence, shall BEST1HOSTING,
its officers, agents or anyone else involved in creating, producing
or distributing the Service hereunder be liable to Customer or
any third party, for any claims, causes of action or direct,
indirect, incidental, special, or consequential, trebled, or
punitive damages, that result or have alleged to have resulted
from the use of or inability to use the Service; or that results
from mistakes, omissions, interruptions, deletion of files, loss
of data, errors, defects, delays in operations, or transmission
or any failure of performance, whether or not limited to acts
of God, communications failure, theft, destruction or unauthorized
access to BEST1HOSTING' records, programs or services. BEST1HOSTING further shall have no responsibility whatsoever to
Customer or any third party for the accuracy or quality of information
obtained through or in connection with its Services provided
hereunder. Notwithstanding the above, Customer's exclusive remedies
for all damages, losses, costs or causes of actions from any
and all claims, whether in contract, quasi-contract, statutory,
tort including negligence, or otherwise, shall not exceed the
aggregate dollar amount which Customer paid during the twelve
(12) months immediately preceding the claim or the term of this
Agreement, whichever is less.
8. INDEMNIFICATION
Customer shall defend, indemnify, save and hold BEST1HOSTING
harmless from any and all damages, demands, liabilities, losses,
costs and claims, including, without limitation, reasonable attorneys'
fees, compensatory damages, punitive damages, trebled damages,
and statutory damages (hereinafter "Liabilities") asserted
against BEST1HOSTING, its agents, its customers, servants,
officers and employees, that may arise or result from any service
provided or performed or agreed to be performed by Customer,
its agents, employees or assigns or any product distributed,
offered or sold by Customer, its agents, employees or assigns.
9. TERMINATION
This Agreement may be terminated: (i) by the customer, without
cause, by giving the other party 30 days prior written notice,
any time after the initial contract term;(ii) by BEST1HOSTING,
without cause, by giving the other party 30 days prior written
notice; (iii) by BEST1HOSTING, at any time, upon 20 days'
prior notice if in the sole judgment of BEST1HOSTING, Customer
breaches any material provision of this Agreement and has not
cured same by the end of the 20 days; (iv) by BEST1HOSTING
in the event of nonpayment by Customer as provided in Paragraph
3 above; and (v) by BEST1HOSTING, at any time, without notice,
if, in BEST1HOSTING' sole judgment, Customer is in violation
of any terms or conditions of BEST1HOSTING' Acceptable Usage
Policy.
10. ADDITIONAL TERMS AND CONDITIONS
Customer hereby acknowledges that it has received and reviewed
a copy of BEST1HOSTING' "Acceptable Usage Policy"
provided herewith and that the terms of the Acceptable Usage
Policy are incorporated herein by reference. BEST1HOSTING
reserves the right to amend the Acceptable Usage Policy from
time to time and Customer shall be bound by any such amendments.
Customer shall have the obligation to periodically visit Best1Hostings' Web site to review its Acceptable Usage Policy and
to make certain Customer is in full compliance therewith. In
the event of any inconsistencies between this Agreement and the
Acceptable Usage Policy, the terms of the Acceptable Usage Policy
shall govern.
11. GUARANTEE
Each of BEST1HOSTING' hosting plans carries a 30 day unconditional
money back guarantee. If Customer is not completely satisfied
with BEST1HOSTING' services provided hereunder within the
first 30 days of the Initial Term, Customer will be given a full
refund of any amounts paid to BEST1HOSTING hereunder excluding
setup fees (unless canceled prior to activation), domain registration
fees and overages. No refund is available after the 30th day
of the Initial Term.
12. NOTICE
All notices must be sent either in writing or by email, except
as otherwise expressly provided herein that a notice must be
in writing. All notices to BEST1HOSTING shall be delivered
to its address stated above or its email address as provided.
All notices to the Customer shall be delivered to its email
address as provided on the Order. The parties
may change their respective address by notice delivered to the
other party. All notices delivered in writing must be sent either
by over night courier or certified mail, return receipt requested.
Evidence of successful transmission of all notices delivered
by email must be retained by the delivering party.
13. MISCELLANEOUS
This Agreement sets forth the entire agreement between Best1Hosting and Customer with respect to the subject matter hereof
and supersedes all previous representations, understandings or
agreements and shall prevail notwithstanding any variance with
terms and conditions of any other prior writing between the parties.
If any provision of this Agreement is held to be invalid by a
court of competent jurisdiction, then the remaining provisions
shall nevertheless continue in full force and effect. Customer
may not transfer or assign this Agreement without BEST1HOSTING'
prior written consent. This Agreement shall be governed by the
laws of the State of Pennsylvania and all claims concerning this
Agreement shall be brought exclusively in the state or federal
courts located in the County of Northampton in the State of
Pennsylvania. The parties hereby consent to submit to the jurisdiction
of such courts and waive any personal jurisdiction or venue defenses
concerning said forum.
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1998-2000 BEST1HOSTING
E-mail us at: info@best1hosting.com
with your questions and comments about our services. We appreciate
your feedback
on our site. "BEST1HOSTING, Inc" in partnership
with Internet Services. |
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