Agreement between NextWebhosting, a Division of Elosoft Inc. and Customer|
This Web Site Hosting Agreement (hereinafter referred to as "Agreement") by and between NextWebhosting, a Division of Elosoft Inc. (hereinafter referred to as "Nextwebhosting"), and "Customer" for use by Customer.
2. Services and Fees
During the term of this Agreement, Nextwebhosting shall provide the customer with the services described at the Nextwebhosting web site (www.nextwebhosting.com), Web hosting - Prices (hereinafter referred to as "Prices").
3. Agreement is between NextWebhosting, A division of Elosoft Inc. and the Customer Only
This Agreement is to cover World Wide Web (WWW) and/or FTP hosting services provided by Nextwebhosting, to the Customer only, and does not extend to any other person, corporation or entity, regardless of their relationship with the Customer. The Customer may not resell their service to third parties, without the express written consent of Nextwebhosting. The Customer may in no way allow the third party access to the server administration accounts, and under no circumstances are the account login names or passwords to be shared with outside parties.
4. Customer Responsible for Back-Up of Files/Information
Unless contracted by separate agreement, in writing, under no circumstances does Nextwebhosting assume responsibility or liability for the loss of information in the Customer’s account. While back-ups are provided by Nextwebhosting, and every effort will be made to restore information in the event of a failure, the Customer is responsible for backup of all customer-specific information located on our server, as well as email content, and is responsible for rebuilding their environment in the event of loss of this information caused by failure of the server(s), or by any act, by any party, whether accidental or intentional. The Customer is responsible for providing Nextwebhosting with a reliable 24-hour contact to notify in the event of failure or downtime for maintenance.
5. Prohibitions on Use of Account
Use of this account to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. The Customer agrees to indemnify and hold Nextwebhosting harmless from any claims resulting from the Customer's use of the service which damages either the Customer or another party or parties. Customer further agrees to not use account to display any kind of adult content.
6. Payment Information
The Customer is responsible for any and all fixed and accumulative charges for this account. Payments by check not made within 30 days of the billing date are to be considered delinquent and may be subject to reasonable collection and legal fees as well as interest accrued at 1.5%. Returned checks are subject to a charge of $25.00 regardless of amount. New Web sites shall not be activated until payment has been received and verified. However an "under construction" page will be available for viewing on the Internet.
7. Pricing Change Notice
All account holders will be given 30 days notice prior to any change in pricing policy.
8. NextWebhosting Reserves the Right to Cancel or to Suspend Service
The Customer agrees that Nextwebhosting has the right to suspend or cancel an account for any reason, including, without limitation, the investigation of policy or agreement violations, inappropriate use, use of excessive system or network resources, or non payment of service fees. In the event that Nextwebhosting suspends or cancels an account, Nextwebhosting will make a reasonable effort to notify the Customer prior to the act.
9. Cancellation of Service – Written 30 Day Notice Required
The Customer must cancel with written 30 day notice sent to the address of Nextwebhosting listed in this agreement. The Customer agrees that Nextwebhosting has the right to delete all data, files, or other information that is stored on Nextwebhosting's servers on behalf of the Customer, if the account is canceled, for any reason, by either the Customer or Nextwebhosting.
10. Refundability of Fees
All setup fees and initially billed fees are non-refundable, unless the Customer is unsuccessful in using the account and notifies Nextwebhosting in writing, within thirty days of establishing said service. Beyond the initial 30 day period, any fees are refundable at NextWebhosting's discretion. Domain registration fees are not refundable. Upon cancellation of any one-year-account with new domain name registration, a service fee of $50.00 will be charged.
11. Limited Warranty
No warranty is made by Nextwebhosting regarding bandwidth or any information, services or products provided through, in connection with, or located on the computer systems at Nextwebhosting or elsewhere, or other services provided by Nextwebhosting or other parties, and Nextwebhosting hereby expressly disclaims any and all warranties, including without limitation: 1) any warranties as to the bandwidth, availability, accuracy, or content of information, products, or services; and 2) any warranties of merchantability or fitness for a particular purpose.
12. Limited Liability
Any liability of Nextwebhosting, including without limitation any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay or operation or transmission, communications line failure, theft or destruction of, or unauthorized access to, alteration of, or use of records, whether for breach of contract, negligence, or under any other cause of action, shall be strictly limited to the amount paid by or on behalf of the Customer to Nextwebhosting for the current month.
13. Entire Agreement
The terms and conditions of this agreement supersede any previous agreement, statement of terms and conditions, or understanding between Nextwebhosting and the Customer. The Customer agrees that Nextwebhosting has the right to change or modify its acceptable use policy at any time.
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court find that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
15. Effective Start Date
Services are to be made available to customer, on the date that the "under construction" page becomes available for viewing on the Internet. (usually 24 hours after registration)
Note: It is prohibited to run executable or DLL files on any Nextwebhosting server other than MS FrontPage system files. Upon violation we reserve the rights to terminate the contract immediately.