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The Agreement is
effective as of the account activation date: ____________, ________
("Effective Date").
WHEREAS, ehosting is an information provider connected to the Internet.
ehosting
offers storage and transfer services over the Internet through access to
its Internet Servers;
WHEREAS, Client seeks to utilize Ehosting Solutions services for Client's own
purposes;
WHEREAS, the parties acknowledge that the Internet is neither owned nor
controlled by any one entity; ehosting represents that it shall make good
faith effort to ensure that its servers and network are available as
widely as possible and with as little service interruption as possible;
NOW
THEREFORE, in consideration of the mutual promises contained herein, the
parties agree as follows:
I. Financials :
1. Client agrees to a "X" month automatically-renewing contract, beginning
upon the receipt of payment by Ehosting Solutions. This term is defined on the sign-up
account form. The minimum term being three (3) months.
2. The order would only be setup after payments of first term hosting
payment plus setup charges, if any.
3. This Agreement will automatically renew for successive periods for the
term duration opted by client unless canceled in writing per the
termination clause.
4. During clients stay with ehosting any and all additional services and
features used and ordered will be billed to the Client's credit card used
at sign-up; also, any and all renewal invoices will be billed to the same
card.
5. It is understood that client shall pay all invoices on or by the due
date, in full. Any and all disputes arising out of billing shall be
investigated and resolved only when there is no overdue balance. Late
payments will incur a (a) 5% of total amount due fee, if paid late under
two weeks, (b) 10% of total amount due fee,if paid two to three weeks late,
or (c) 15% of total amount due fee, if paid more than three weeks late.
The percentage penalty shall be calculated based on the total amount
invoiced.
In case of service suspension due to no or incomplete payment,where
ehosting
reserves the right to suspend or permanently terminate all of Client's service(s) on the day following the payment due date upon incomplete or no
receipt of payment, a minimum of $20 reactivation fee per account shall
apply in order to resume service.
Payment is deemed as paid on or by the due date if client make the payment
and/or authorizes the same by any of the approved methods as made
available by ehosting .
6. ehostingshall not be liable for any taxes or other fees to be paid in
accordance with or related to purchases made from Client or ehosting 's servers
and services. It is client responsibility to take care of any such legal
aspects as per accordance to the respective laws os state and country.
7. It is clients responsibility to upload server ready data for publishing
his website on ehosting servers. ehosting shall make no effort to validate this
information for content, correctness or usability.
Use of any information obtained by way of ehosting is at the Client's own
risk, and ehostingspecifically denies any responsibility for the accuracy or
quality of information obtained through its services or its
representatives.
8. ehosting reserves the right to change, without notice, its service,
including, but not limited to, access procedures, hours of operation, menu
structures, commands, documentation, ordering procedures, and services
offered.
9. The Client certifies that he or she is at least 18 years of age.
II. ehosting is committed to a zero-tolerance, anti-Spamming policy.
Under this policy, we prohibit Spam, or any unsolicited commercial email,
from being sent either: Over the ehosting network, by customers or any other
users of the ehosting network (including customers' customers); AND/OR over
ANY network?if the message sent advertises or mentions a site hosted on
the ehosting server. We also prohibit the selling products that can be used
for spamming.
We react quickly and seriously to violations, and we further reserve the
right to terminate the services, without prior notice, of any customer
disregarding this policy.
Abuse deptt. is fully authorized to take any appropriate action if any
such complaint reported at ehosting s' sole discretion. For common definitions
please refer
http://1uphost.com/agreement-add.shtml
III. Reasonable Use:
1. The Client agrees to be limited to reasonable server CPU, memory, as
well as bandwidth use, to be determined solely by ehosting. The Client shall
not use more server and network resources. Strict quota would be
implemented by ehosting and the client confirms that he would abide by them.
2. Virtual hosting may or may not be under a traffic quota. It is the
Client's sole responsibility to monitor its traffic level and pay for any
and all overage traffic used at the currently prevailing rates.
3. IT IS THE CLIENT'S SOLE RESPONSIBILITY TO MONITOR ITS TRAFFIC USAGE AND
THE CLIENT SHALL BE SOLELY RESPONSIBLE FOR ANY AND ALL OVER USAGE.
IV. Contract Termination:
1. This Agreement may be terminated by either party, without cause, by
giving the other party 30 days written notice, sent by E-mail, fax, or
courier. Except if the contract is terminated within first 30 days (shared
clients only), Client is responsible for all fees and charges incurred for
the 30 days immediately following the written notice.
2. ehostingmay terminate service under this agreement at any time with
immediate effect and without any refund to Client, if the Client fails to
comply with any of the terms of this Agreement.
V. Disclaimer:
1. Client expressly agrees that use of ehosting 's Server is at Client's sole
risk. Neither ehosting, its officers, directors, employees, affiliates,
agents, third party information providers, contractors, merchants,
licensors nor the like make any warranty whatsoever whether expressed or
implied. They also disclaim any warranty of merchantability or fitness for
any particular purpose.
2. Under no circumstances, including their negligence or gross negligence,
shall ehosting, its officers, directors, employees, affiliates, agents,
contractors, third party information providers, merchants licensors or the
like be liable for any direct, indirect, incidental, special,
consequential or any other type of damages whatsoever. Client hereby
acknowledges that this paragraph shall also apply to all content on Ehosting Solutions
service.
3. In no event shall ehosting be liable for any loss, or loss of data, or
other commercial damage, including but not limited to special, incidental,
consequential or other damages. Customer agrees tol defend, indemnify,
save and hold ehosting harmless from any and all demands, liabilities, losses,
costs and claims, including reasonable attorney’s fees asserted against
ehosting , its agents, its customers, officers and employees, that may arise or
result from any service provided or performed or agreed to be performed or
any product sold by customer, it’s agents, employees or assigns. Customer
agrees to defend, indemnify and hold harmless ehosting against liabilities
arising out of;
Any injury to person or property caused by any products sold or otherwise
distributed in connection with ehosting s' server; any material supplied by
customer infringing or allegedly infringing on the proprietary rights of a
third party; copyright infringement and any defective products sold to
customer from ehosting s' server.
VI.
Client may only use ehosting 's services for lawful purpose. Transmission of
any material in violation of any Federal, State or Local law or regulation
is prohibited. This includes, but is not limited to trademark or copyright
infringement, material that is threatening, obscene, profane, or material
protected by trade secrets of others. This also includes links or any
connection to such materials.
VII. Indemnification:
1. Client agrees that it shall defend, indemnify, save and hold ehosting
harmless from any and all demands, liabilities, losses, costs and claims,
including reasonable attorneys' fees ("Liabilities") asserted against
ehosting ,
its agents, its customers, 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 ehosting against Liabilities
arising out of (i) any injury to person or property caused by any products
or information sold or otherwise distributed in connection with ehosting
's
services; (ii) any material supplied by Client infringing or allegedly
infringing on the proprietary rights of a third party; (iii) copyright
infringement, (iv) any improper use of the Client's account(s) under any
circumstances (including unauthorized (ab)use of Client's account(s)), and
(v) any defective product or service which Client sold via ehosting 's
services.
2. If the Client fails to comply with any terms of this Agreement, it
shall be fully responsible for the cost of labor and any and all other
costs (e.g. losses or legal expenses) incurred by ehosting in order to rectify
the damage caused and due to the damage caused by the Client or via
improper use of the Client's account(s).
VIII. Reselling:
Client is allowed to resell the storage and transfer services provided by
ehosting , provided that Client's customers acknowledge, to ehosting 's
satisfaction, that ehostingh as disclaimed all warranties and is not subject
to liability or damages of any kind. Client agrees to handle and is
responsible for all third-party customers' content, support, set-up and
maintenance. ehosting agrees to Reseller pricing as described on the services
web site, provided that client has at least one other non-resold
acceptable type account with Ehosting Solutions. Client agrees to having the necessary
knowledge and skill level for reselling services provided, including
providing technical support to its customers.
XIII. Miscellaneous:
1. The Client agrees to be bound by this agreement fully and
unconditionally upon ordering ehosting 's services. Ordering of ehosting
's services
shall act as Client's express and full agreement to this Agreement.
Furthermore, the Client's listed contact certifies full personal agreement
to this Agreement by ordering ehosting 's services on behalf of the Client.
2. This Agreement constitutes the entire understanding of the parties. Any
changes or modifications to this Agreement are agreed to by both parties
upon renewal of services and upon all new account and feature set-ups for
the Client by ehosting.
3. Non-enforcement of any section of this Agreement does not constitute
consent and ehosting reserves the right to enforce this Agreement at its sole
discretion.
4. If any provision of this Agreement shall be held by a court of
competent jurisdiction to be illegal, invalid, or unenforceable, the
remaining positions shall remain in full force and effect.
5. This Agreement shall be governed and construed in accordance with the
Indian laws. Both parties agree that any dispute arising out of this
Agreement, or any relationship between the parties, will be resolved only
in the state courts in courts of India, and in no other jurisdiction. Each
party submits to personal jurisdiction in the India.
IN
WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
Effective Date. |