Domain Hosting Agreement
This Website Hosting Agreement ("Agreement") is entered into on between 9 1 5 Web Design, LLC, located at 14237 Fabled Point Avenue, El Paso, Texas 79938, hereinafter referred to as the Host and, for, . Under this Agreement, the Host will provide Web Hosting and related services for . The Parties agree as follows:
By accepting this Agreement and using the Host's Website Hosting Services("Services"), the Client agrees to be bound by all the terms and conditions of this Agreement.
Provisions of Service
(a) The Host agrees to provide the Client with website hosting services consisting of website server space used to host a website provided by the Client and made visible on the Internet by the Host.
(b) The Host agrees to provide the Client access to two e-mail accounts, with a max file storage capacity of 5028 kb per E-mail account, using the registered domain name in this Agreement. The Client's sole responsibility is to use the E-mail accounts and any correspondence, archiving, and storage.
(c) The Client agrees not to use the website to violate any laws, including but not limited to laws relating to copyright, trademark, patent, or trade secret rights. The Client agrees not to use the website in a way that would damage the Host's goodwill or reputation.
(d) Notwithstanding the above, if there are third-party claims of Intellectual Property Rights infringement brought against the Host as a result of the Client's website content, the Client agrees to indemnify and hold harmless the Host for any damages that may be awarded against the Client as a result of such claims.
The term of this Agreement is an initial term that shall commence on and terminate after .
Termination without Cause
(a) The Client may terminate this Agreement without cause by contacting the Host. In the event of cancellation, the Host will not refund the amounts already paid.
(b) If the Client terminates this Agreement, the Host will back up the Client's website and provide a copy.
Termination for Cause
Either party may terminate this Agreement for cause if the other party commits a material breach of this Agreement and fails to comply with the terms of notice required under applicable law. The party seeking termination for cause shall provide written notice to the other, detailing the nature of the breach.
(a) The Client agrees to pay the Host (Cost) for .
(b) Early termination or cancellation of this Agreement is non-refundable.
(c) Any requests for changes to the hosted website are not included in this payment.
The Host agrees to include any taxes, fees, or tariffs in the payment made by the Client.
Materials and Products
(a) Any material data the Client provides to the Host in connection with the service should be in the form requiring no additional manipulation on the part of the Host.
(b) The Host will not try to validate this material or data for constant correctness or usability. Material or data that is not in this condition shall not be hosted. In its sole discretion, the Host may reject material or data that the Client has placed on the Host server or that the Client has requested that the Host put on the Host server.
(c) The Host agrees to notify the Client immediately of any refusal of any material data provided by the Client.
Electronic Mail Abuse
(a) The Client agrees not to create and send electronic mail spam from the E-mail account provided or unsolicited bulk or commercial messages.
(b) The Client agrees not to send electronic mail containing computer viruses or any other harmful code.
(c) The Client agrees not to send electronic mail that violates any United States of America laws.
(d) The Host reserves the right, at its sole discretion, to terminate the Client's access to any or all of the E-mail for violating these terms.
Warranty Against Unlawful Use
The Client agrees to use the website for lawful purposes and following all valid federal, state, and local laws and regulations governing the use of e-mail and the Internet, whether or not explicitly prohibited in this Agreement. Failure to abide by the terms of this paragraph shall be grounds for immediate termination of the Client's account for cause.
Liability; No Warranty; Limitation of Damages
(a) The Client expressly agrees that use of the Services provided by the Host is at the Client's sole risk
(b) The Host guarantees 90% uptime for its web servers. If uptime for the Web servers falls below this guarantee, the Host will reimburse the prorated amount without service.
(c) The Host and its officers, agents, or anyone else involved in providing services shall not be liable for any direct, indirect, incidental, special, or consequential damages that result from the use or inability to use services or any damages that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Host records programs or services
(d) The Host will not exercise control over the content of the information passing through the network.
(e) The Host makes no warranty or representation of any kind expressed or implied for the services is it provides. The Host also disclaims any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Client, including loss of data resulting from delays or non-deliveries.
Patents, Copyrights, Trademarks, and Other Intelectual and Property Rights
(a) Except for rights expressly granted herein, this Agreement does not transfer any intellectual or other property or property rights to the Client.
(b) The Client expressly warrants to the Host that the Client has a right to use any patented, copyrighted, or trademarked material which the Client uses, posts, or otherwise transfers to the Host's servers.
The Client agrees to defend, indemnify, and hold the Host harmless from any demands, liabilities, losses, costs, and claims, including reasonable attorney fees, asserted against the Host, its agents, servants, officers, and employees that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Client, the Client's agents employees, or assigns. The Client further agrees to defend, indemnify, and hold harmless the Host against liabilities arising out of:
(a) Any liability to the Host arising by any use of the Host's services by the Client for any unlawful purposes or in violation of any valid federal, state, or local law or regulation governing the use of e-mail or other Internet;
(b) Any injury to a person or property caused by any products sold or otherwise distributed in connection with services provided to the Client;
(c) Any material supplied by the Client infringing or allegedly infringing on the property or proprietary rights of a third party;
(d) Copyright or trademark infringement by the Client, or violation by the Client of intellectual property rights of any other party; and
(e) Any defective product which the Client sold or distributed by means of services. The Client agrees that the liability limit of the Host shall in no event be greater than the aggregate dollar amount which the Client paid during the terms of this Agreement, including any reasonable attorney fees and court costs.
Suppose any legal action is necessary to enforce the terms of this Agreement. In that case, the prevailing party shall be entitled to reasonable attorney fees in addition to any other relief to which that party may be entitled. This provision shall be construed as applicable to the entire Agreement.
The Client agrees to inform the Host of our current contact information for the Client's account. Changes in the Client's account information may be reported to the Host by e-mailing him at david.negrete@915WebDesign.com.
This Agreement has been entered into in the state of Texas, and its validity, construction, interpretation, and legal effects shall be governed by the state's laws applicable to contracts answered into and performed entirely within that state.
In case any one or more of the provisions of this Agreement be held for any reason to be invalid, illegal, or unenforceable in any respect, invalidity, illegality, or enforceability shall not affect any provisions of this Agreement. This Agreement shall be construed as if the invalid provisions had never been contained in this Agreement, provided that those provisions shall be curtailed, limited, or eliminated only to the extent necessary to remove the invalidity, illegality, or unenforceability.
No waiver by hosts of any breach by the Client of any provision of the Agreement Shelby Dean the waiver of any proceeding or succeeding breach of this Agreement no waiver shall be in effect unless in writing, and then only to the extent expressly outlined in such writing.
This Agreement shall constitute the entire Agreement between the Client and the Host. No other agreement, statement, or promise relating to the subject matter of this Agreement that is not contained herein shall be valid or binding.
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Signed by David Negrete
Signed On: March 7, 2023
If you have questions about the contents of this document, you can email the document owner.
Document Name: Domain Hosting Agreement
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