WEB HOSTING TERMS AND CONDITIONS
1.0 HOSTING AGREEMENT
1.1 - Customer’s use of NetRover’s facilities to host a website for Customer shall constitute Customer’s acceptance of the terms and conditions in this Webhosting Agreement (Agreement). The terms “you” or “your” shall refer to Customer.
2.0 TERM & TERMINATION FOR CONVENIENCE
2.1 – The initial and minimum service period for dedicated NetRover Inc. (NetRover) hosting service is 12 months from the effective date.
2.2 - Customer may terminate this Agreement for convenience 90 days after giving NetRover signed, written notice. In the event of such termination, Customer will pay NetRover 75% of the applicable monthly minimum amounts for each remaining month of the then current term of this Agreement, in addition to paying any amounts due and owing as of the effective date of termination.
2.3 - If Customer terminates this NetRover Agreement because:
(A) Customer commits to a higher speed service access with NetRover, or
(B) Customer commits to a longer-term service term with NetRover, then the termination fee in 2.2 does not apply. For (A) or (B), this Agreement will be superseded by the new service agreement.
2.4 - By giving 60 days advanced notice in a signed written letter, service may be terminated at any time by either party following the initial service period.
3.0 RENEWAL AND PRICING
3.1 - This Agreement will automatically be renewed for a further term of one year from the expiry date unless cancelled by a signed notice in writing given to NetRover by the Customer, or to the Customer by NetRover, at least 60 days prior to the expiry date.
3.2 - This Agreement is for one year and on any anniversary date the price for NetRover's web hosting services is subject to revision in accordance with NetRover’s then prevailing rates.
4.1 - In no event shall NetRover be liable for the usefulness, quality, or content of data accessed by the Customer through NetRover facilities, nor responsible for any loss due to temporary or permanent failure of service provision, nor for use of the NetRover service by Customer or any third party for illegal purposes. Customer will indemnify and hold harmless NetRover from any action by any third party related to Customer's subscription to NetRover services and Customer’s website(s).
4.2 - In no events shall NetRover be liable for service problems or other losses arising on account of acts of God, fire, labor disputes of any nature, accident, supplier failure or delay, or other causes beyond the reasonable control of NetRover.
4.3 - NetRover places no general restrictions on the use of data or information used or retrieved by Customer through NetRover facilities, rather the license, copyright, public domain, trade secret, or any other laws or protection covering such data will apply.
4.4 - The provision of service access at any particular connection rate does not constitute a guarantee of the end to end throughput or bandwidth available to Customer.
4.5 - NetRover will inform Customer when service is operational and billing will commence as of that specified date, this becoming the effective date of the initial term of service hereunder.
4.6 - NetRover will furnish contact information to enable Customer to report and resolve service problems.
4.7 - This Agreement and other applicable terms and conditions posted at www.netrover.com constitute the entire understanding between Customer and NetRover with regard to website hosting. Any modifications of this Agreement must be in writing and signed by a duly authorized representative of Customer and a duly authorized officer of NetRover.
4.8 - Where NetRover's systems are recognized as the authoritative source for DNS entries in your domain or domains, NetRover is not obligated to ensure that (a) the DNS system is correctly configured, (b) your DNS entries will be properly resolved, or (c) NetRover's DNS systems will be continuously available on an uninterrupted basis. You acknowledge that it is your responsibility to test NetRover's implementation of your DNS hosting and notify NetRover of any misconfiguration or error in that implementation. You agree to provide any requested additions or changes in your domain's DNS Host, MX, Alias, or other records to NetRover via e-mail at email@example.com and that the number of such changes or entries shall not be unreasonable.
4.9 - If you are separately maintaining your DNS and domain registrations with a domain name registrar, you agree that NetRover has no obligation to ensure that your domain registration is maintained in a current status by the registrar or any other entity. You are solely responsible for ensuring that your domain registration is kept current and accurate and that your account with your registrar is kept current. If NetRover is acting as your agent to manage your account with your registrar, this clause will have no effect.
4.10 - In the event that your DNS hosting arrangement with NetRover is terminated, you agree that NetRover has no obligation to provide DNS files, settings, or any other material related to your DNS entries in NetRover's DNS system to you or any third party, and you agree that NetRover has no obligation to forward DNS requests to or from your new DNS host.
4.11 - If you are purchasing NetRover's spam and anti-virus filter for your e-mail, you acknowledge that the Internet is an inherently insecure environment and that any computer or other equipment you attach directly or indirectly to the internet may become the target of computer hackers and is susceptible to attacks from viruses or the like. You are solely responsible for keeping your machines secure and free of viruses or other harmful programs that can directly or indirectly interfere with the operations of NetRover's sites and services, and that of third parties connected to its networks. You are solely responsible for guarding against and repairing your computers and other systems from any infection by malicious code or unauthorized use.
4.12 - You agree not to resell any NetRover site or service to any third party without first entering into a Reseller Agreement with NetRover.
4.13 - You agree to pay when due for the valid charges for our services and agree that such timely payment is an essential condition for NetRover’s service(s). NetRover will not pay interest on deposits unless required by law to do so. Faxed copies of signatures shall be as legally binding as original signatures. Any over billing errors must be reported to NetRover within 90 days of the error, and adjustments or refunds for errors over 90 days will not be made. NetRover reserves the right to bill you for any item that has not been billed to you and should have been.
5.0 TERMINATION FOR CAUSE
5.1 - Either party may terminate this Agreement for cause without penalty in the event that the other party breaches any material term of this Agreement. Prior to such termination, the party intending to terminate shall first give the other party signed written notice of its intent to terminate which shall clearly describe the problem(s) constituting cause. Other than as otherwise stated herein, the other party will have 30 days from the date of receipt of such notice to correct the problem. If the problem is not corrected within such period, the party intending to terminate may terminate this Agreement at the end of such 30th day without penalty.
5.2 - NetRover services may be used only for lawful purposes. Use of NetRover's services in violation of any applicable law or regulation is prohibited. This includes, but not limited to transmitting data (a) which is threatening, pornographic, obscene or defamatory, (b) which belongs to a third party and is protected by copyright, trade secrets, patent or other intellectual property laws, or (c) which violates export control laws. Any access to other networks connected to NetRover must comply with the rules appropriate for the other networks. Customer agrees to indemnify and hold harmless NetRover from any claims resulting from Customer's use of the service or the use of the service by any of Customer's clients or users which damages NetRover or another party. If Customer violates NetRover's acceptable use policy, or permit such violation, NetRover shall notify Customer of such violation and if Customer does not remedy such violation within three days of Customer's receipt of such notice, NetRover may terminate this Agreement without penalty.
5.3 - You agree not to transmit or knowingly permit to be transmitted via any system you control or should control, to or across any site or service operated by NetRover, any content consisting of unsolicited bulk commercial e-mail or excessive amounts of commercial Usenet postings (SPAM). NetRover enforces a policy of NO TOLERANCE with respect to SPAM and abusive e-mail, and NetRover may suspend an account without notice if it believes Customer’s equipment has been used to send SPAM.
5.4 - If you compromise any NetRover network services or violate NetRover’s Acceptable Use Policy, your access and hosting via NetRover may be discontinued. You acknowledge NetRover's right to take all available legal and technical steps, including remotely scanning your ports, to prevent fraudulent or counterfeit e-mail from entering or utilizing the NetRover system.
5.5 - NetRover will not host sites containing pornographic material on its servers.
5.6 - If any amounts due and owing by Customer remain unpaid 40 days after date of invoice, NetRover may immediately terminate this Agreement by sending written notice.
6.0 LIMITATIONS ON LIABILITY
6.1 - NetRover has the right, but not the obligation, to monitor any activity and content associated with its hosted web sites or services. NetRover may investigate any complaint or reported violation of its policies and take any action it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, denying access, and/or removal of any materials on a hosted web site.
6.2 - NetRover also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental request, to protect NetRover's systems and customers, or to ensure the integrity and operation of NetRover's business and systems, NetRover may access and disclose any information it considers necessary or appropriate, including but not limited to user contact details, IP addressing and traffic information, usage history and posted content.
6.3 - NETROVER PROVIDES ITS WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. NETROVER FURTHER SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT FOR THE SERVICES AS PROVIDED. NETROVER FURTHER DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES THAT IT'S SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR.
6.4 - IN NO EVENT SHALL NETROVER BE LIABLE FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, OR INTENTIONALLY OR NEGLIGENTLY, THE USE OF NETROVER'S SERVICES OR FACILITIES.
6.5 - NETROVER'S LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF (A) THE AMOUNT OF FEES CUSTOMER PAID TO NETROVER IN THE TWELVE MONTH PERIOD DIRECTLY PRIOR TO THE ACTION GIVING RISE TO ALLEGED LIABILITY, OR (B) $200.
This Agreement shall not be assigned without the prior written consent of NetRover, which consent shall not be unreasonably withheld. The assignee shall have agreed to comply with and be bound by the terms of this Agreement and the assignor shall remain liable under this Agreement not withstanding such assignment.