Hosting contract (sample)

Here is a sample hosting contract that we use.

This agreement represents the complete agreement and understanding between Cobalt Express Ltd. and Customer and supercedes any other written or oral agreement. Upon notice published on-line via cobaltexpress.com hosting, Cobalt Express may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change services offered.

1. ACCEPTABLE USES This service may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any foreign, municipal, state, county or federal statute or regulation is prohibited. This includes, but is not limited to: copyrighted material, material that is defamatory, threatening, obscene or violates Canada export control laws, or material protected by trade secret, trademark or other intellectual property right used without proper authorization. No pornographic websites will be accepted. Cobalt Express may, at its sole discretion, immediately discontinue such service to Customer, without any liability other than for the refund of unearned prepaid service fees. Customer shall ensure that its use of the Cobalt Express network services shall not disrupt Cobalt Express, its associated networks or equipment forming part of the systems. Customer shall not engage in mass distribution of unsolicited emails. Use of the Cobalt Express connection in a manner that is abusive, disruptive, damaging, unlawful, offensive, or intrusive as determined by Cobalt Express shall be considered a breach of this Policy and may result in cancellation of service.

2. DISCLAIMERS OF WARRANTY, LIMITATION OF LIABILITY AND OBLIGATION Cobalt Express makes absolutely no warranties whatsoever, expressed or implied, for the service it is providing. Cobalt Express also disclaims any warranty of merchantability or fitness for a particular purpose. Cobalt Express shall not be liable to Customer or any of its customers for any claims or damages which may be suffered by Customer or its customers, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access the Internet, or inability to transmit or receive information, caused by, or resulting from, delays, nondeliveries, or service interruptions whether or not caused by the fault or negligence of Cobalt Express. Customer agrees to indemnify and hold harmless Cobalt Express from and against any and all claims, actions, causes of actions, administrative or government action, losses or damages (including legal fees and expenses) arising from the usage by Customer. The use of any data or information received by Customer or its customers from the utilization of the service to be provided by Cobat Express is at Customer and its customer's sole and absolute risk. Cobat Express specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the services to be provided hereby.

3. PAYMENT AND TERMS Customer shall pay the initial fees set forth in www.cobaltexpress.com/rates.html, prior to the commencement of service. Thereafter, Customer's account shall be automatically renewed upon expiration and its credit card charged in advance for a minimum twelve (12) months period on the day of expiration. In the event that Customer shall fail to pay for such services in advance of that twelve (12) months period, Cobat Express shall be entitled to unilaterally terminate this agreement and discontinue the service of Customer or the applicable account for which payment has not been received. The indemnification and limits of liability provisions mentioned above shall survive any such termination. Upon payment of the charges due hereunder, Cobat Express may, at its sole discretion, reinstate service, at which time all terms and conditions of this contract shall continue in full force and effect. Any service disconnection or suspension shall require a $50 reinstatement fee.

4. 30-DAY MONEY BACK GUARANTEE Cobat Express offers a 30-day money back guarantee for all Plans. If Customer is not completely satisfied with the Plan within the first 30 days, Customer may cancel the service by notifying Cobalt Express in writing. Customer will receive a full refund of any fees paid excluding any set up fees and overages. Service cancellation after the initial 30-day period will only be accepted in writing only. Cobalt Express will refund Customer the remaining prorated fees with a check.

5. SERVICE CHANGES On-line changes made by Cobat Express to any plan shall not change the terms of the Plan(s) accepted by Customer, unless such changes do not adversely affect the services provided to Customer under the prior Plan(s). Changes in monthly service fees shall become effective only at the end of any calendar quarter for which Customer has prepaid for the respective quarter. Utilization of the service by Customer and/or its customers following the effective date of such change shall constitute acceptance by Customer of such change(s) in terms.

6. AGREEMENT MODIFICATIONS Cobat Express reserves the right to make changes to the above terms and conditions of this agreement upon thirty (30) days written notice to Customer, advising of the change and the effective date thereof. Notices may be sent by email, fax, or express mail to the email address, fax number, or address most recently provided and will be effective upon transmission. Evidence of successful transmission shall be retained. It is the responsibility of the Customer to provide Cobat Express with the most current contact information.

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