This Web Hosting Service Agreement (“Agreement”) defines the terms under which Voxcomp provides web hosting service (“Service”). This Agreement is a binding contract between Voxcomp (“Company”), a Wisconsin Company, and the individual or company (“Customer”) defined on the order form when an order for service is submitted.
BY COMPLETING AN ORDER FOR SERVICE, CUSTOMER AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT, OUR ACCEPTABLE USE POLICY (“AUP”), AND ALL AGREEMENTS, RULES AND POLICIES INCORPORATED HEREIN OR INCORPORATED BY REFERENCE. VOXCOMP RESERVES THE RIGHT TO REVISE THIS AGREEMENT AT ANY TIME. CUSTOMER’S CONTINUED USE OF SERVICE CONSTITUTES CONTINUED ACCEPTANCE OF THIS AGREEMENT.
In consideration of the mutual covenants set forth in this Agreement, Company and Customer hereby agree as follows:
Subject to the terms and conditions of this Agreement, Company will provide Web Hosting services for Customer subject to the following terms:
Customer agrees to a one (1) month contractual term of service (“Term”). Term renewals occur on the 1st of each month. Twelve (12) month terms can also be accommodated.
The first payment plus setup charges, if any, shall be due in advance of any service provided. Service shall begin upon Company receipt of payment for such first Term of service or upon a mutually agreed upon alternate date.
This Agreement will automatically renew for successive one(1) or twelve (12) month Terms unless canceled in writing by Customer at least 1 day prior to the end of Term renewal date. Renewal prices are subject to change. Renewal of services by Customer indicates agreement to any Contract revisions and price changes. Renewal fees for the following term will be automatically invoiced to Customer’s account.
Voxcomp makes no guarantees for server up-time. Voxcomp strives to provide the most stable environment possible but takes no responsibility for any downtime that might occur.
Voxcomp does not take responsibility for individual website security. Website security updates are provided on a routine basis but no guarantee is made for the security of the website. Voxcomp takes no responsibility for any intrusion, hack, or manipulation of an individual website.
Clean backups are not guaranteed. Compromised websites may be included in routine backups therefore making a clean backup restoration impossible.
Customer agrees to pay $360 per twelve (12) month Term, or $30 per month. Terms begin on the first day of service.
Terms of payment are C.O.D. We reserve the right to suspend Customer’s account if payment is in arrears for more than 30 days. Customer will be invoiced for the Term amount and payments may be made by check or credit card within 30 days.
Customer agrees to the Acceptable Use Policy. Any violation of the AUP may result in the immediate cancellation or suspension of any or all service without warning.
Customer acknowledges that the real-time resources allocated for hosting service are dynamically allocated based on the amount of overall resources used by Customer. Real-time resources include but are not limited to bandwidth, MySQL connections, email connections, web server CPU, and web server RAM. Real-time resources may be affected by things such as, but not limited to, bandwidth and disk space used, the number or size of configured email accounts, the number of web sites configured under hosting service, or the number of or activity on connections to MySQL databases. There are limitations to what the server can accommodate. Accounts with MySQL databases larger than 2GB, and file storage more than 15GB will be asked to reduce the size of the storage. Accounts using more than the specified resources will incur additional monthly hosting charges of $15 per month until a time at which the resource usage is brought below these levels.
Customer acknowledges that web site construction and management is Customer’s responsibility. Voxcomp is not responsible for web site management or files lost or damaged by Customer. Voxcomp recommends that Customer maintain backups of content outside of space associated with hosting service. Voxcomp maintains system backups that are intended only to recover from system failure. The system backups are not intended for restoration of individual files to accounts. A fee of $25.00 may be charged should Customer require any files from system backups. Voxcomp does not guarantee that the files contained in the system backup are the most recent copies for a given site. System backups are available for at most 7 days.
The hosting service provided to Customer includes email service. Customer acknowledges that email is not an instant message service and email delivery may be delayed by many factors beyond Voxcomp’s control. Voxcomp employs various techniques to hamper unsolicited email and virus dissemination through email. Customer acknowledges that some of the techniques may prevent receipt of email from some senders. Voxcomp can assist in determining the cause of the failure but it is the sender’s responsibility to resolve the condition that caused the failure. Customer agrees that Voxcomp is not responsible and will not be liable for any outcome related to the failure to receive an email. Email accounts provided by Voxcomp may not be used for permanent archival of email messages. Voxcomp may, at its sole discretion, suspend an email account if the email account’s disk usage is abusive or grossly exceeds the normal usage of other customers or detrimentally affects the service of other customers in any way. Email messages stored in folders of an email account meant to hold deleted messages or messages marked as spam will be purged. Messages older than 7 days in folders meant to hold deleted messages will be deleted. The folders defined by Voxcomp to be intended to hold deleted message are ‘Trash’ and ‘Deleted Items’. Messages older than 14 days in folders meant to hold messages marked as spam will be deleted. The folder defined by Voxcomp to be intended to hold messages marked as spam is ‘Spam’. Customer acknowledges that email accounts left dormant will be removed. Voxcomp considers an email account dormant that has not been accessed for a period of 6 months following prior usage or that has never been accessed for a period of 90 days since creation. Customer agrees that when an email account left dormant is removed the email stored in association with the dormant email account will be deleted. Customer agrees that Voxcomp is not responsible and will not be liable for any content lost when a dormant email accounts is removed.
Voxcomp acknowledges that the data stored in support of hosting service, including but not limited to web site files, email messages, web site logs, and database content, is confidential. Voxcomp will never willfully access, review, or disseminate stored data unless necessary to provide customer service and troubleshooting, in reviewing for policy compliance, when administering hosting services, or in response to a subpoena, search warrant, or court order.
Company will exercise no control whatsoever over the content of the information passing through the network, email or web site except those items listed in the Acceptable Use Policy.
Company makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Company also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of Customer. Use of any information obtained by way of Company is at Customer’s own risk, and Company specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of an end-to-end connection. Company does not represent guarantees of speed or availability of end-to-end connections. Company expressly limits its damages to Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. Company specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
Customer warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service. Voxcomp is not held liable for any copyright infringement performed by Customer on website or e-mail.
Neither party may not assign or transfer this Agreement, in whole or in part without the prior written consent of the other party. In the event that either party contemplates whole or partial sale of it’s business, ownership change, or change in jurisdiction, party making such a change shall notify the other party by mail, facsimile or email no less than 30 days prior to the effective date of the event.
Company may terminate this Agreement at its sole discretion upon the occurrence of one or more of the following events: 1) failure to comply with any provisions of the Agreement upon receipt of written notice from Company of said failure, 2) appointment of Receiver or upon the filing of any application by Customer seeking relief from creditors, 3) upon mutual agreement in writing of Company and Customer (can be e-mail). Customer acknowledges, upon cancellation of service, that content including but not limited to web site files, database data, and email stored under space allocated for Customer’s service may be deleted at any time following cancellation. A refund will be issued within 30 days for the remaining portion of the Term.
If legal proceedings are commenced to resolve a dispute arising out of, or relating to, this Agreement, the prevailing party shall be entitled to recover all costs, reasonable legal fees, and reasonable expert witness fees as well as any costs or legal fees in connection with any appeals.
Customer shall indemnify and hold Company harmless from and against any and all claims, judgments, awards, costs, expenses, damages and liabilities (including reasonable attorney fees) of whatsoever kind and nature that may be asserted, granted or imposed against Company directly or indirectly arising from or in connection with Customer’s marketing or support services of the product or services or the unauthorized representation of the product and services or any breach of this Agreement by Customer.
If any provision of this Agreement is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby. This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin. Exclusive jurisdiction and venue shall be in Dane County, Wisconsin Superior Court. A failure by any party to exercise or delay in exercising a right or power conferred upon it in this Agreement shall not operate as a waiver of any such right or power.
