Reliable and Affordable Web Hosting Services [print this page]
The following agreement constitutes a bilateral contract between Northwest Technical ("NT") and You ("Client")

RECITALS

WHEREAS, NT is a website hosting Service Provider offering storage and transfer of documents and other information over the Internet; WHEREAS, Client seeks to use these servers for its own purposes; WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, NT can make no guarantee that any given party shall be able to access the server made available by NT at any given time. NT represents that it shall make every good faith effort to ensure that the server is 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;

Section 1:

FINANCIAL ARRANGEMENTS

1.1 Length of service:
Client agrees to an initial six (6) month contractual term of service ("Term"). The length of contract required is based on the type of service desired by the Client and shall be determined solely by NT.

1.2 Service start date:
The first payment plus setup charges, if any, shall be due in advance of any service provided. Service shall begin upon NT's receipt of payment for such first Term of service or upon a mutually agreed upon new date.

1.3 Renewal by client:
This agreement will automatically renew for successive six (6) month Terms unless terminated in writing by Client at least 30 days prior to the end of Term renewal date. Renewal prices are subject to change. Renewal of services by Client indicates agreement to any Contract revisions and price changes. Renewal fees for the following term will be automatically invoiced to your account.

1.4 Failure to pay:
Failure of Client to remit payment to NT by the invoice due date, is cause for removal of the Client's web site files from the hosting server without further notification by NT. Client agrees that NT shall not be held liable for such removal.

1.5 Refund policy:
a. As detailed above, termination by Client must be in writing with 30 days notice.

b. Setup charges are not refundable under any circumstances.

c. The first Term of service is not refundable under any circumstances.

d. Refunds of renewal fees paid to NT shall only be made for fully unused calendar months of service that the Client desires to terminate.

e. Client shall not be entitled to any refund of any monies under any circumstances should this agreement be terminated due to a violation of , this agreement, the latest version of which is located at http://northwesttechnical.net/legal/wsha.html

Section 2:

TAXES

NT shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client or NT's server. Client agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.

Section 3:

MATERIAL AND PRODUCTS

3.1
NT will exercise no control whatsoever over the content of the information passing through the network except for what is noted in Section 9 of this agreement, relating to Lawful Purpose.

3.2
NT makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. NT 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 the Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Client. Use of any information obtained by way of NT is at the Client's own risk. NT 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. NT does not represent guarantees of speed or availability of end-to-end connections. NT expressly limits its damages to the Client for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. NT specifically denies any responsibilities for any damages arising as a consequence of such unavailability.

3.3
The Services may only be used for lawful purposes. You are expressly prohibited from using the Services to transmit any unlawful, harmful, threatening, abusive, libelous, vulgar, obscene, profane, hateful, or otherwise objectionable information of any kind, including, but not limited to, encouraging conduct that would constitute a criminal offense, infringe third party rights, give rise to civil liability or otherwise violate any local, state, national or other law.

Section 4:

TRADEMARKS & COPYRIGHTS

Client warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service.

Section 5:

AGE

Client certifies that he or she is of full legal age to enter into this agreement.

Section 6:

POLICIES

6.1
Client agrees to all terms in the NT Policies and Terms of Service Agreement.

6.2
NT network resources used by Client may not be used to impersonate another person or misrepresent authorization to act on behalf of others or NT All messages transmitted by Client should correctly identify the sender. Users shall not alter the attribution of origin in electronic mail messages or posting. Users shall not attempt to undermine the security or integrity of computing systems or networks and shall not attempt to gain unauthorized access.

Section 7:

TERMINATION

7.1
This Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice. NT reserves the right to verify all cancellations before terminating service. Notwithstanding the above, NT may terminate service under this Agreement at any time, without penalty, if the Client fails to comply with any of the terms of this Agreement.

7.2
Termination for any violation of this Agreement shall be immediate. NT may, at its option, cancel or suspend service immediately should it believe Client has violated or is about to violate the NT Terms of Service agreement or should the Client fail to remit payment to NT by the Client's invoice due date.

7.3
Client may be liable for certain fees relating to termination when such termination is due to Unsolicited Commercial E-Mail.

7.4 Notice of cancellation:
Written notice of cancellation may be by postal mail, email or fax transmission.

Section 8:

LIMITED LIABILITY

8.1
Client expressly agrees that use of the Server offered by NT is at Client's sole risk. Neither NT, its employees, affiliates, agents, merchants licensers or the like, warrant that the Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the NT Server Service Agreement.

8.2
Under no circumstances, including negligence, shall NT, its offices, agents or anyone else involved in creating, producing or distributing NT's Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the NT Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to NT's records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on NT's Server service.

8.3
Notwithstanding the above, Client's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of this Agreement.

Section 9:

LAWFUL PURPOSE

Client may only use NT's Server service for lawful purposes. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secrets.

Section 10:

INDEMNIFICATION

Client agrees that it shall defend, indemnify, save and hold NT harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees asserted against NT, 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 NT against Liabilities arising out of any of the following:

i. any injury to person or property caused by any products sold or otherwise distributed in connection with NT's Server Service;

ii. any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party;

iii. copyright infringement; and

iv. any defective product which Client sold or the Server offered by NT.

Section 11:

DOMAIN NAME OWNERSHIP, DISPUTES, AND USE

Any domain name registered by NT on behalf of Client is the property of said Client. NT claims no ownership over Client domain names. Client agrees that NT may be presented with information that Client's domain name possibly violates the trademark rights or other intellectual property rights of a trademark or other intellectual property rights owner. In case of such action, Client agrees to the following:

Client agrees to hold NT harmless of any action taken by such owner regardless of the outcome of such dispute and regardless of whether Domain Name Service hosting for Client's domain is continued at NT.

Client agrees that NT has the right to discontinue name service in the event of such dispute over a Client's domain name.

Client agrees that should NT discontinue name service for Client's domain upon notification of such dispute that NT will not be liable for any loss of business, interruption of business, loss of Client's domain name, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if NT has been advised of the possibility of such damages.

In no event shall NT's maximum liability exceed one hundred ($100.00) dollars.

Client agrees that a NT contact person shall be named as the "Web Host Administrator" for any domains hosted at NT. Client agrees that NT may create and use network resources with the Client's domain name for administrative, testing, and network infrastructure enhancement purposes.

Section 12:

CONTRACT REVISIONS

Revisions to this Contract will be considered agreed to by the Client on renewal of NT Services as specified in section I. Financial Arrangements.

This Agreement and NORTHWEST TECHNICAL Policies and Terms of Service Agreement constitute the entire understanding of the parties. Any changes or modifications to this Contract are agreed to by the parties upon renewal of services.

This Agreement shall be governed and construed in accordance with the laws of the State of Oregon.

Section 13:

ACCEPTANCE

First payment received by Client or a representative of the Client shall indicate agreement to all terms specified in this contract by the client.





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