Website Hosting Agreement
This Website Hosting Agreement (“Agreement”) is entered into on January 01, 2020 between
Halcyon Hosting, LLC, hereinafter referred to as Host
“Client. The Host and the Client shall be collectively referred to as the Parties. Under this Agreement. and related services to Client. The parties agree as follows:
Host will provide Web Hosting
- Acceptance
By accepting this Agreement and using Host’s Website Hosting Services (“Services”), Client agrees to be bound by all the terms and conditions of this Agreement. - Provision of Services
Host agrees to provide Client with website hosting services, consisting of website server space, e-mail capability, and such additional services, as may be provided by Host from time to time. Host reserves the right to change or modify the features of Clients’s service plan from time to time on 15 days written or e-mailed notice to Client. Client’s continued use of Host’s services after receipt of such a notice of modification shall constitute Client’s acceptance of and agreement to be bound by the Hosts modification of the terms and conditions of this Agreement. - Agreement Term
The initial term of this Agreement shall
commence on the date of execution of this Agreement and
shall continue through the remainder of the calendar month in which this Agreement was executed (the “Initial/Term”). After the initial term, this Agreement shall be automatically renewed for
successive monthly periods until terminated by one of the parties as provided in this agreement. - Termination without Cause
(a) Client may terminate this Agreement at any time, for any reason, by contacting Host, either by phone or e-mail,
and requesting that Client’s account be canceled. In the event of a cancellation,
Host will not refund amounts already billed for the current monthly service period in which Client
terminates the Agreement. Any amounts paid in advance by Client for future service terms following the current monthly service term will be promptly refunded by Host.
(b) Host may terminate this Agreement at any time, for any reason, by providing written or e-mail notice of termination to Client’s primary website e-mail contact address no less than 15 days prior to the service termination.
(c) If either Party terminates this Agreement, it is the responsibility of the Client to ensure their website files are backed up and archived. The Host is not responsible for providing or maintaining a backup once the service is terminated.
- Termination for Cause
Client agrees to abide by the terms of this Agreement and by Host’s general use policies as set forth in this Agreement, as those policies may exist from time to time. Host may change its use policies on 30 day written notice to Customer by e-mail message.
Any violation by Client of the terms of this Agreement or of Host’s general use policies shall be grounds for immediate termination of Client’s account for cause. If Host terminates Client’s account for a violation of this Agreement, Host shall not be required to refund any amounts billed for the billing period in which Host terminates Client’s services. - Payment Terms
(a) Client agrees to pay Host an amount of equal to the service plan in monthly fees for the Host’s
services. Host reserves the right to change or modify its charges for Client’s plan from time to time on 30 days notice written or e-mailed to Client. Client’s continued use of Host’s services after receipt of such a notice shall constitute Client’s acceptance of and agreement to be bound by the
Host’s modified charges for its services. Additional charges for add-on services not included in Client’s plan will be made as mutually agreed upon.
(b) Service charges are payable in advance on a monthly basis. Host will invoice Client at the beginning of each payment period. Host will submit all invoices to Client by e-mail. Payment is due immediately upon receipt of invoice. Payments can be made online through our payment gateway.
(c) Client agrees to be billed for all recurring and one-tine charges, for any Services ordered by Client and any fees owed to Host.
(d) Any charges for upgrading Client’s current hosting package, or performing add-on requests, will not be billed until the next invoice.
- Taxes
Host shall not be liable for any taxes and other governmental fees related to purchases made by Client or from Host’ server. Client agrees that s/he will be fully responsible for all taxes and fees of any nature associated wit products or services sold through the use of or with the aid of service provided to Client by Host. - Materials and Products
Any material and data Client provides to Host in connection with Services shall be in a form requiring no additional manipulation on the part of Host. Host shall make no effort to validate this material or data for content, correctness, or usability. Material or data that is not in this condition shall be a breach of this Agreement. Host, in its sole discretion, may reject material or data that Client has placed on Host’s servers or that Client has requested that Host put on Host’ servers.
Host agrees to notify Client immediately of its refusal of any material or data and provide Client with an opportunity to amend or modify the material or data to meet the Host’s requirements.
Client’s failure to amend or modify the data or material as directed by Host within a reasonable time shall be a breach of this Agreement. - Electronic Mail A buse
Harassment by e-mail, whether through language, frequency, or size of messages, is prohibited.
Client may not send e-mail to any person who does not wish to receive it. If a recipient asks to stop receiving e-mail, Client must not send that person any further e-mail. Clients are explicitly prohibited from sending unsolicited bulk e-mail messages (“junk mail” or “spam”. This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it. Clients may not forward or otherwise propagate chain letters, whether or not the recipient wishes to receive such mailings. Malicious e-mail, including but not limited to “mail bombing” (flooding a user or site with very large or numerous pieces of e-mail) and “trolling” (posting outrageous messages to generate numerous responses) is prohibited. Forging of header or any other information is not permitted. Subscribing someone else to an e-mail list or removing someone else from a mail list without that person’s permission is prohibited. Host’s accounts or services may not be used to collect replies to messages sent from another Internet Service Provider if these messages violate this Agreement or any usage policy of that other provider. Violations of this Agreement will result in immediate account termination and provider reserves the right to charge an administrative cleanup fee of up to $200.