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Terms
and Conditions
All
terms and conditions which are represented in the document below
apply to all Hinman Associates web hosting customers. By using our
services, you hereby agree to be bound by all terms and conditions
herein. Please do not hesitate to contact us should you have any
questions regarding any of the terms.
Web
Hosting Service Agreement
1.
Parties. This agreement is between Hinman Associates (HINMAN) and
the customer using and benefiting from Hinman Associates Web Hosting
and related services (CUSTOMER). By continuing to use Hinman Associates
for web hosting and other related services, CUSTOMER acknowledges
that he/she has read and agree to be bound by all terms and conditions
of this Agreement and any pertinent rules and acceptable use policies
that are or may be published by Hinman Associates. By accepting
the services of HINMAN, CUSTOMER is bound by all terms and conditions
of this Agreement and any pertinent rules and acceptable use policies
that are or may be published by Hinman Associates.
2.
Term. Except if the CUSTOMER has pre-paid any services with either
12 month or 24 month advance payment, otherwise the duration of
this contract agreement is for one calendar month from the commencing
date. The commencing date starts upon payment of the current invoice.
The contract agreement will be automatically renewed on the anniversary
unless either party to the contract agreement shall cancel within
72 hours notice either by email or postal service prior to
the anniversary date.
3.
Space usage. HINMAN reserves the right to review every account,
which uses more than a reasonable amount of space, as defined exclusively
by HINMAN, and to notify such account and/or apply excessive space
fees. Failure to make timely payment for an applied excessive space
fee to HINMAN may limit access to and/or terminate the account of
the CUSTOMER. CUSTOMER agrees to inform HINMAN in advance if he
believes he is going to require and/or use excessive space.
4.
Bandwidth usage. HINMAN terms included bandwidth as meaning HINMAN
does restrict the amount of total bandwidth used by the CUSTOMER.
All Hinman Associates hosting plans DO NOT INCLUDE UNLIMITED BANDWIDTH
ALLOWANCE AND ARE NOT TO BE CONSIDERED AS UNLIMITED BANDWIDTH PLANS.
CUSTOMER may pre-purchase additional resources (heavy traffic fee)
to satisfy expected heavy traffic use in advance. CUSTOMER understands
and fully agrees HINMAN can expire the account and terminate hosting
service for violation of the Web Hosting Service Agreement. Advance
notification by HINMAN is waived by CUSTOMER. CUSTOMER agrees exceeding
monthly bandwidth allowance is a violation of the Web Hosting Service
Agreement. Reasonable additional fees for collection may be added
to recover any overdue or unpaid fees or monies owed to HINMAN.
5.
Excluded services. Our company policy requires sites must be viewable
by a worldwide audience of all ages. HINMAN will not provide services
and will immediately TERMINATE specific domain web site hosting
services of the CUSTOMER without any compensation or refund if CUSTOMER'S
web site(s) or web sites operated by a customer of the CUSTOMER
includes any of the following hereby defined as Excluded Services
Type A: adult material or sexual content, child pornography, gambling,
illegal material, hate material, anti government material, warez
sites, casino sites. In addition, HINMAN will not provide services
and will immediately TERMINATE specific domain web site hosting
services of the CUSTOMER without any compensation or refund if CLIENT
web site(s) or web sites operated by a customer of the CUSTOMER
includes any of the following hereby defined as Excluded Services
Type B: web search sites, search engine sites, domain
registration sites, free e-mail sites, paid e-mail sites, e-mail
storage sites, file storage sites,
game sites, role playing games sites. A web site closure service fee
of US$54.95 will be applicable and immediately payable by CUSTOMER
for each specific instance where an "Excluded Service Type A", "Excluded
Service Type B" is discovered by or
reported to HINMAN in order to keep the CUSTOMER account in good
standing. Support/facility service fees known as technical fees
will be added and charged where applicable. Failure of CUSTOMER
to make timely payment of the web site closure service fee and applicable
technical fee as requested will place the CUSTOMER account in bad
standing and HINMAN will notify the CUSTOMER by electronic mail
of HINMAN intent to suspend or terminate ALL existing services without
any compensation or refund to CUSTOMER. HINMAN may share information
about any violation to the Web Hosting Service Agreement with other
service providers and clients for their own purposes.
6.
Hidden directories or files. HINMAN will not provide services and
can immediately terminate existing services without any compensation
or refund if a CUSTOMER web site contains created invisible or hidden
directories within their parent directory for the purpose of concealing
and providing excluded or any hosted services. HINMAN's sole discretion
will prevail in such cases.
7.
Fees and Copyright. All fees are payable in US Dollars. CUSTOMER agrees to pay
for their hosting services, heavy traffic/bandwidth fee (if any)
and excessive space fee (if any). ALL FEES PAID FOR PROGRAMMING AND / OR
SETUP ARE PAID FOR THE PREPARATIONS AND PROVISIONING MADE BY HINMAN SO THAT CUSTOMER MAY USE THE SERVICES ONLY,
AND IN NO WAY TRANSFERS TO CUSTOMER ANY OWNERSHIP OR RIGHTS TO CODE WHATSOEVER.
HINMAN retains all copyright privileges and all ownership rights of all code created to provide
services to CUSTOMER. Further, any monies paid allow only for the use of services on HINMAN's servers while
the CUSTOMER's account is in good standing. At no time is CUSTOMER authorized to use
any code or services provided by HINMAN on any server other than HINMAN's.
CUSTOMER may provide payment to HINMAN by credit card, check, cash or prepaid certified payment.
HINMAN will notify CUSTOMER if any heavy traffic fee and/or excessive
space fee are due. Failure of CUSTOMER to make timely payment of
any applicable fees due as requested will result in cancellation
of account. HINMAN will charge $25 for all returned checks. A service
charge of $10.00 or 5% of the total outstanding balance due, whichever
is greater, will be assessed on late payments. CUSTOMER is liable for
any and all attorney fees, court costs, and collection agency fees
or commissions if HINMAN has to resort to these methods in order
to collect debts owed to HINMAN. CUSTOMER agrees to pay HINMAN its reasonable
expenses, including attorney fees, incurred in enforcing its rights
under this Agreement.
8.
Account sharing. HINMAN agrees account sharing is allowed. CUSTOMER
may share web space using either a subdomain or virtual domain including
individual FTP site, username and password and each is counted as
one domain in the hosting plan. Excluded Sharing: CUSTOMER may not
subdivide an individual domain site into multiple shared web sites.
Each web site requires their own subdomain or virtual domain including
individual FTP site, username and password. A web site closure service
fee of US$54.95 will be applicable and immediately payable by CUSTOMER
for each specific instance where "Excluded Sharing" is discovered
by or reported to HINMAN in order to keep the CUSTOMER account in
good standing. Failure of CUSTOMER to make timely payment of the
web site closure service fee as requested will place the CUSTOMER
account in bad standing and HINMAN will notify the CUSTOMER with
24 hours advance notice by electronic mail of HINMAN intent to terminate
ALL existing services without any compensation or refund to CUSTOMER.
9.
Price change. HINMAN has the right to change the price of any and
all services as deemed necessary by HINMAN. In case of price change,
HINMAN will post a 15 day advance notice on the web site of HINMAN.
HINMAN may make separate price changes applicable to an individual
CUSTOMER for unique service or other changes.
10.
Service change. HINMAN has the right to change facilities where
hosting service originates from. This change may reflect a change
in the cost of the service. In case of price change, HINMAN will
post a minimum 15 day advance notice on the web site of HINMAN.
11.
Domain name registration. CUSTOMER will list themselves as Billing
and Administrative contact in their domain application. HINMAN should
be listed as the Technical contact for the domain. HINMAN has no
other responsibilities in regard to the domain name registration
process. CUSTOMER agrees to pay all fees related to the registration
and support of this domain name directly to HINMAN, and all registrar
fees, directly to the registrar. CUSTOMER understands that non-payment
of said fees may result in non-visibility of his web site. HINMAN
does NOT charge a separate fee to the CUSTOMER for information assistance
with domain registration.
12.
Domain name fees. CUSTOMER agrees to pay all fees related to the
registration and support of this domain name directly to HINMAN.
13.
Quality of Services. HINMAN or agent's of HINMAN or any other entities
engaged in a business alliance with HINMAN will make their best
efforts to provide quality and uninterrupted services, although
this is NOT guaranteed. HINMAN will NOT be responsible for any damages
a service interruption may cause to the CUSTOMER. Further, HINMAN
will not censor any content on INTERNET. It will be CUSTOMER'S responsibility
for the usage of their account and any consequences of their use.
CUSTOMER acknowledges and agrees that upon monthly payment of the
current invoice, HINMAN has fully performed, and as such, CUSTOMER
fully and unconditionally accepts such performance from HINMAN.
14.
Non Payment. CUSTOMER agrees to provide updated credit card information
on-line as may be requested in case his/her card is declined. CUSTOMER
understands that non-payment can result in an automatic "hold" and/or
"deletion" of his/her web hosting account. "Hold" is hereby defined
as a period the web site may not be accessible. "Deletion" is hereby
defined as the removal of all CUSTOMER'S stored files and data from
the servers. The account may be "reactivated" after owed payment
in full is received, however, the CUSTOMER may be required to re-upload
all web data and web site files to their "reactivated" web hosting
account if deleted. The CUSTOMER agrees to at all times maintain
a full backup copy of all web data and web site files at a separate
location other than HINMAN's servers. Backing up important CUSTOMER
files and data and uploading such to the servers is the responsibility
of the CUSTOMER.
15.
Late Payment. CUSTOMER agrees a penalty may be required for a declined
credit card payment in order to continue as a client. Failure to
stay in good standing may result in the cancellation of your account.
An annual payment may then be required to continue as a web hosting
client.
16.
Fees are Non Refundable. All fees paid to HINMAN are Non-Refundable. Fees paid to a
Registration authority for registration are also not refundable.
17.
Account Cancellation. CUSTOMER understands and fully agrees HINMAN
can expire the subscription account and terminate hosting services
for violation of the Web Hosting Service Agreement. Advance notification
by HINMAN is waived by CUSTOMER. CUSTOMER may submit a cancellation
notification at anytime to HINMAN.
18.
Lawful use of Service. CUSTOMER agrees to use the service in accordance
with the laws of the United States and with the ethical rules established
or to be set up in the future by HINMAN and/or other governing agencies.
CLIENT agrees that HINMAN's sole discretion will prevail in all
cases that CUSTOMER violates issues of server, network and internet
security and HINMAN reserves the right to terminate or discontinue
current or further services to CUSTOMER. HINMAN reserves the right
of refusal to do business with any person, business or entity, before,
during or after an account has been established.
19.
LIMITED LIABILITY. HINMAN or AGENTS of HINMANS or similar entities
shall not be liable under any circumstances for any special, consequential,
incidental or exemplary damages arising out of or in any way connected
with this agreement or the services, including but not limited to
damages for lost profits, loss of use, loss of opportunity, cancellation
of subscription and/or account, lost data, phone bills, communication
lines bills, loss of privacy, damages to third party even if HINMAN
or others have been advised of the possibility of such damages.
The foregoing limitation of liability shall apply whether any claims
based upon principles of contract, warranty, negligence or other
tort, breach of any statutory duty, principles of indemnity or contribution,
the failure of any limited or exclusive remedy to achieve its essential
purpose or otherwise. Further, HINMAN will not censor any content
on the INTERNET. It will be CUSTOMER'S responsibility for the usage
of his/her account and any consequences of this usage are the CUSTOMER'S
responsibility. CUSTOMER understands and agrees that all Excluded
Services noted in this Agreement are not permitted and are grounds
for immediate closure of site. CUSTOMER agrees that in no event
shall the maximum liability of HINMAN under this Agreement for any
matter exceed One Hundred US Dollars (US$100).
20.
Keep harmless. CUSTOMER agrees to keep and hold HINMAN harmless
if CUSTOMER'S actions or non-actions on the INTERNET create any
legal responsibilities.
21.
Waiver. Performance of any obligation required of a party thereunder
may be waived only by a written waiver signed by the other party,
which waiver shall be effective only with respect to the specific
obligation described therein. The waiver by either party hereto
of a breach of any provision of this Agreement by the other shall
not operate or be construed as a waiver of any subsequent breach
of the same provision or any other provision of this Agreement.
22.
Security and Integrity of Information. Although HINMAN implements
current technology for information protection there is no guarantee
that any information on the Internet is absolutely secure or never
may be destroyed. CUSTOMER agrees to hold HINMAN harmless in case
of loss of information and/or loss of privacy regardless of reason
or cause. HINMAN does not rent or sell our CUSTOMER listings. To
further enhance client and system security, whenever violations
of server security are reported or detected including unauthorized
server intrusions, modification or addition or deletion of authorized
users, the account and subsequent billings will be expired and associated
web site(s) closed.
23.
Entire Agreement. This Agreement constitutes the entire understanding
and contract between the parties and supersedes any and all prior
and contemporaneous, oral or written representations, communications,
understandings and agreements between the parties with respect to
the subject matter hereof, all of which representations, communications,
understandings and agreements are hereby canceled to the extent
they are not specifically merged herein. The parties acknowledge
and agree that neither of the parties is entering into this Agreement
on the basis of any representations or promises not expressly contained
herein.
24.
Modification. This Agreement may be modified, amended, canceled
or altered, and it may be modified by custom and usage of trade
or course of dealing. Both of the parties hereto agree to such modification
by HINMAN.
25.
Severability. If any provision of this Agreement shall be unlawful,
void, or for any reason, unenforceable, it shall be deemed severable
from, and shall in no way affect the validity or enforceability
of, the remaining provisions of this Agreement, which shall remain
valid and enforceable according to its terms.
26.
Governing Law. The laws of the State of California and of the United
States of America govern this agreement.
27.
Authority to Execute. Each of the parties to this Agreement represents
and warrants that it has full power to enter into this Agreement
and that it hasn't assigned, encumbered, or in any manner transferred
all or any portion of the claims covered by this Agreement.
28.
Benefit of Successors and Assigns. This Agreement shall be binding
upon and inure to the benefit of each of the parties hereto, and
except as otherwise provided herein, their respective legal successors
and permitted assigns.
29.
Cumulative Remedies. Except as specifically provided herein, no
remedy made available to either party hereunder is intended to be
exclusive of any other remedy provided hereunder or available at
law or in equity.
30.
No Partnership or Agency. Nothing in this Agreement shall be construed
as creating a joint venture, partnership, agency, employment relationship,
franchise relationship or taxable entity between the parties, nor
shall either party have the right, power or authority to create
any obligations or duty, express or implied, on behalf of the other
party hereto, it being understood that HINMAN and CUSTOMER and/or
other parties are all independent contractors.
31.
Gender. Where the context so requires, the masculine gender shall
include the feminine or neuter, and the singular shall include the
plural and the plural the singular.
32.
Alliances. It is understood HINMAN may enter into contracted or
non contracted business relationships or strategic alliances with
other provider's of services or technical services from time to
time. HINMAN may act as a broker or value added reseller of services
to the CUSTOMER. The CUSTOMER acknowledges acceptance of such alliances
with their purchase of web hosting services from HINMAN.
33.
No Third Party Beneficiaries. Nothing contained in this Agreement,
express or implied, shall be deemed to confer any rights or remedies
upon, nor obligate any of the parties hereto, to any person or entity
other than such parties, unless so stated to the contrary.
34.
Excused Performances. HINMAN shall not be deemed to be in default
of or to have breached any provision of this Agreement as a result
of any delay, failure in performance or interruption of the Services,
resulting directly or indirectly from acts of God, acts of civil
or military authority, civil disturbance, war, strikes or other
labor disputes and disturbances, fire, transportation contingencies,
shortages of facilities, equipment changes or system updates, fuel,
energy shortages or blackouts, labor or software or materials, or
laws, regulations, acts or order of any government agency or official
thereof, other catastrophes, or any other circumstances beyond HINMAN's
reasonable control. In the event of any such delay or failure, performance
of the Services shall be deferred to a date and time mutually agreeable
by all of the parties.
35.
Counterparts. This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original, but all of which together
shall constitute one and the same instrument.
36.
Captions. The section headings and captions contained herein are
for reference purposes and convenience only and shall not in any
way affect the meaning or interpretation of this Agreement.
37.
Recitals. The recitals above set forth are incorporated herein by
reference.
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