WEBSITE HOSTING AGREEMENT
(actual agreement will be filled in
with your information by our staff)
is made and entered in the Month of ___________, in the Year of 2011, between
Enchanted Websites, located at 9734 State Hwy 281 PMB 5034, Kelseyville, CA 95451-9636,
hereinafter referred to as Enchanted Websites, and __________________,
located at __________________________________________, |
hereinafter referred to as the Customer, who is engaging the services of Enchanted Websites in accordance with this agreement and with the "estimate of services and costs" provided by Enchanted Websites to the Customer, to accompany this agreement.
NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants hereinafter set forth, the parties hereto agree as follows:
WHEREAS: Enchanted Websites has been commissioned and hired by the Customer to provide Web Hosting for the Customer's existing or soon to be existing Website:
1. SERVICE DESCRIPTION: As a World Wide Web hosting service, Enchanted Websites provides access to server computers which are integrated into the Internet. These server computers shall send and receive information in relationship to the World Wide Web. Customer wishes to connect to the World Wide Web utilizing the hardware and software resources accessed by Enchanted Websites to establish an Internet web presence on one of the server computers accessed by Enchanted Websites.
2. CONDITIONS: This Agreement constitutes a binding contract between Enchanted Websites and the Customer and does not extend to any other person or entity. Customer may sell products to third parties but is responsible for third party activities and content, and is bound by the terms under this Agreement. Cancellation after this agreement is signed and the associated web space is set up will still hold the Customer responsible for any costs incurred by Enchanted Websites on behalf of the Customer in fulfillment of this agreement.
3. WARRANTIES: With respect to the service to be provided herein, the Customer acknowledges that Enchanted Websites makes absolutely no warranties whatsoever, express or implied. As a result, the Customer agrees that Enchanted Websites shall not be liable to the Customer for any claims or damages which may be suffered by the Customer, including, but not limited to, losses or damages resulting from the loss of data as the result of delays, non-deliveries, service interruptions, or difficulties associated with the "Y2K problem".
4. INFORMATION: The utilization of any data or information received by the Customer from the utilization of the service to be provided by Enchanted Websites is at the Customer's sole and absolute risk. Enchanted Websites specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the services to be provided hereby.
5. DOMAIN NAME: If Enchanted Websites shall acquire an Internet Domain Name on behalf of the Customer, then in such case the Customer hereby waives any and all claims which it may have against Enchanted Websites, for any loss, damage, claim or expense arising out of or in relation to the registration of such Domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of the providing of this service by Enchanted Websites for any reason.
6. WEB SPACE ACQUISITION: Once both parties have signed this agreement, Enchanted Websites is responsible for obtaining and setting up the web space for hosting the Customer's website within thirty (30) days, aided, when so desired by the Customer, by the Customer's cooperation in determining an appropriate Internet Domain Name.
7. WEBSITE HOSTING COSTS: The base fee associated with hosting is $25 per month. Most basic websites are under 5MB in size. The basic monthly cost of website hosting includes up to 15MB of storage space and up to 700MB of data transfer per month. Enchanted Websites will charge $1.00 per month for each additional MB beyond 15MB, used by the Customer's Website.
HOSTING OPTIONS: One email alias of the Customer's choosing is included with
the basic hosting service. Should the Customer choose any additional services,
the Customer agrees to pay the current rate for these services, as listed
in the associated fee table. Enchanted
Websites reserves the right to change these fees as it deems appropriate,
and it will provide the Customer with 30 days written notice of any such
PAYMENT AND BILLING: Payments are due in advance every 3 months, following
the establishment of the web space on the Internet. The set-up fee and first payment
are due once this agreement has been signed and the web address for the website
has been determined. The Customer will be pre-billed by Enchanted Websites
for web space a minimum of three (3) months in advance depending on the selected
fee schedule. Subsequent payments are due on the 1st day of each month as per
the selected fee schedule. In the event that the Customer fails to pay
for such services in advance, Enchanted Websites shall be entitled to unilaterally
terminate this Agreement and discontinue the service until payment is made.
11. UNILATERAL SERVICE REVOCATION: In the event that Enchanted Websites may at any time believe that the service is being utilized for unlawful purposes by the Customer or in contravention with the terms and provisions herewith, to but not limited to unsolicited email, hacking, and pornography. Enchanted Websites may immediately discontinue such service to the Customer without liability.
12. INDEMNIFICATION: The Customer shall indemnify and hold harmless Enchanted Websites from any and all loss, cost, expense, and damages on account of any and all manner of claims, demands, actions, and proceedings that may be initiated against Enchanted Websites on the grounds that the website content violates any copyright, proprietary right of any person, state and federal regulations, or contains any matter that is libelous or scandalous.
13. CHANGES IN TERMS OF AGREEMENT: Enchanted Websites reserves the right to make changes to the terms and conditions of this Agreement upon thirty (30) days notice to the Customer, advising of the change and the effective date thereof, but with changes in service fees being effective only at the end of any period for which the Customer has prepaid. Utilization of the service by the Customer following the effective date of such change shall constitute acceptance by the Customer of such change(s).
14. TERMINATION OF AGREEMENT: The Customer reserves the right to terminate this agreement of Website Hosting upon thirty (30) days notice to Enchanted Websites. Enchanted Websites will terminate the Hosting of the Customer's website thirty (30) days after receipt of notice of cancellation. Enchanted Websites is not responsible for locating a new Host, or locating a new Hosting Service for the Customer's Website, or transferring the Customer's Website to a new Host, should the Customer still wish to Host the Website.
15. ENTIRE AGREEMENT AND UNDERSTANDING: This agreement constitutes the entire agreement between the parties, and represent the complete and entire understanding of the parties with respect to the subject matter of this Agreement.
16. UNDERSTANDING OF AGREEMENT AND TERMS: The Customer understands and agrees with these terms that are listed. The Customer, by hiring Enchanted Websites and going into this agreement, acknowledges that he/she has read this agreement and will be bound to the terms of it. The Customer acknowledges that Enchanted Websites has the right to make this agreement, and to terminate it if the terms hereasabove are broken by the Customer.
17. GOVERNING LAW: This Agreement shall be governed by the laws of the State of California in the United States of America. In the event that any term or provision of this instrument is held by a court of competent jurisdiction to be unenforceable, then the remaining provisions of this instrument and the agreement which it evidences, shall remain in full force and effect.
MEDIATION AND ARBITRATION: The parties to this Agreement, the Customer
and Enchanted Websites, desire to resolve any disputes among them in good
faith, and in the most expeditious and economical manner. Therefore, should any
difference of opinion arise between the parties of this agreement which cannot
be resolved in the normal course of business with respect to the interpretation
of this agreement, or the performance of the respective obligations of the parties
under this agreement, one of the parties claiming that a dispute has arisen, must
give written notice to the other party to the dispute specifying the nature of
the dispute. On receipt of said notice, the parties to the dispute must within
seven (7) days of receipt of said notice seek to resolve the dispute.
19. HEADINGS: Headings used in this Agreement are for convenience only and shall not be used to interpret or construe its provisions.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, and in consideration of the covenants and agreements contained herein, do hereby execute this instrument, with each party warranting their ability to enter into this agreement for the person or entity herein named as a party hereto.
Christopher Tong, President, Enchanted Websites
|Copyright © 2011, Enchanted Websites. All Rights Reserved.||COPY B -- Customer's copy|
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