CONTRACTUAL HOSTING AGREEMENT
HostWatcher Hosting will host a website and email for the purchaser, for the period of time according to the payment plan selected.
This contract will be renewed at the end of its term, unless HostWatcher Hosting is given notice of termination in written form, 5 days prior to the renewal date.
The purchaser agrees to abide by the following provisions of this service contract and may have to agree to additional provisions from HostWatcher Hosting covering this and/or any future services added to this agreement.
1. The hosted account and related electronic services can only be used for legal purposes under all international, federal, provincial, and municipal laws. Violations of this or any other provision of this agreement can result in a 30 day notice to terminate service or an immediate termination of service depending upon the severity of the violation. HostWatcher Hosting reserves the right to refuse service if the content of information provided is deemed misleading, obscene, copyright infringement, or illegal in the opinion of HostWatcher Hosting. HostWatcher Hosting will make the final decision in any dispute over unacceptable context, and purchaser agrees to accept HostWatcher Hosting's decision.
2. HostWatcher Hosting reserves the right to increase prices at any time.
3. Purchaser is responsible for securing their account password(s). HostWatcher Hosting will not change passwords to any account without proof of identification which is satisfactory to HostWatcher Hosting, and may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes purchaser, purchaser understands that HostWatcher Hosting will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will HostWatcher Hosting be liable for any losses incurred by purchaser or anyone else during this time of determination of ownership.
4. The purchaser agrees not to harm HostWatcher Hosting, its reputation, computer systems, programming and/or other customers of HostWatcher Hosting. The purchaser agrees to indemnify and hold harmless both HostWatcher Hosting and any other customer from any and all claims and/or costs resulting from the purchaser's use or abuse of their service in any manner. If at any time, purchaser breaches any part of this contract and HostWatcher Hosting must engage in the services of an attorney, then purchaser will pay any and all of HostWatcher Hosting's reasonable attorney fees and court costs. The purchaser's rights and privileges cannot be sold or transferred without written consent from HostWatcher Hosting.
5. Purchaser understands this service is provided on a shared server. This means that the purchaser’s website can not overwhelm the server with heavy CPU usage from highly active scripts or traffic. If your website overwhelms the server and/or causes complaints from the other customers, you will need to relocate your website to dedicated hosting. HostWatcher Hosting will refund any unused portion of prepaid services.
6. The e-mail distribution, by the Account Holder, or any service provider for the account holder, of "UNSOLICITED COMMERCIAL E-MAIL" is expressly prohibited. If even one report of spam is found and the Account Holder has no physical or electronic proof that the recipient requested the mailing, then the Account Holder will be found in violation of this provision, and HostWatcher Hosting will terminate service. PLEASE UNDERSTAND THIS COMPLETELY. THERE WILL BE NO SECOND CHANCES.
7. HostWatcher Hosting will use it's best efforts to maintain a full time Internet presence for purchaser. The network may be down due to, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. Purchaser agrees that these events may or may not occur and purchaser will hold HostWatcher Hosting, its employees, owners, contractors, free and harmless from any damages incurred in any event of any type of loss resulting from any reason whatsoever. HostWatcher Hosting's total liability under all circumstances will never exceed the amount paid by purchaser during the effected billing period. If purchaser selects any of the discount prepaid service options, then any amounts prepaid will only be refunded less the normal monthly rate of used service in the event purchaser requests termination of service.
30-DAY MONEY-BACK GUARANTEE
LIMITATIONS ON HOSTWATCHER HOSTING'S OBLIGATIONS AND LIABILITIES
10. Purchaser will take all necessary measures to preclude HostWatcher Hosting from being made a party to any lawsuit or claim regarding HostWatcher Hosting services provided to purchaser. Purchaser hereby agrees to indemnify and hold harmless HostWatcher Hosting from any and all such lawsuits or claims.
ENTIRE AGREEMENT; MODIFICATIONS