GoLiveHost - Hosting Agreement / Terms of Service

Hosting Agreement \| Terms of Service
Hosting Agreement
1.	Definitions. 1.1 "Customer" means the persons, entity or agents and authorized representatives accepting this agreement. 1.2 "Content" means all text, pictures, sound, graphics, video, links, and other data stored by Customer on GoLiveHost's server computers. 1.3 "Website" means pages presenting the Content stored by Customer on GoLiveHost's server computers. 1.4 "User" means users of Customer's Website. 1.5 "User Content" means all text, pictures, sound, graphics, video, links, and other data stored by Users on GoLiveHost's server computers. 1.6 "Confidential Information" means information that Customer takes reasonable steps to maintain in confidence and identifies in writing to GoLiveHost as confidential.
2.	Web Hosting. 2.1 - Hosting. GoLiveHost will provide dedicated or shared server computers, as specified in Exhibit A, with an Internet address for storage and access of Content, User Content, and the Website. The Website, Content, and User Content must be "server-ready." GoLiveHost will provide bandwidth and storage as specified in Exhibit A. If Customer requires additional bandwidth or storage, GoLiveHost will negotiate in good faith to amend this Agreement unless GoLiveHost's server computers cannot accommodate the requested bandwidth or storage. 2.2 - Website Backup. GoLiveHost will backup the Website in a commercially reasonable manner. However, GoLiveHost is not responsible for lost Content or lost User Content. Website backups will be stored by GoLiveHost for no longer than 14 days. GoLiveHost will provide, at Customer's expense, an electronic copy of the backup Website to Customer upon written request by Customer. Backups are intended for disaster recovery, not the restoration of individual files. 2.3 - Server Logs. As requested by Customer, GoLiveHost will deliver to Customer in electronic form the Server Log of Website activity. Customer will be entitled to one month of log storage free of charge. GoLiveHost may, at its option, charge a fee to Customer for additional space required to store oversized logs. 2.4 - Standards. GoLiveHost's services will conform to the following: 2.4.1 - Availability of Website. GoLiveHost will provide hosting services for the Website that meet reasonable commercial standards for, among other matters, packet loss, accessibility, latency, availability, and throughput. 2.4.2 - Security. GoLiveHost will take commercially reasonable steps to prevent unauthorized access to the Website, Content, User Content, and Confidential Information stored on GoLiveHost's server computers. 2.4.3 - Server/Network Computer Outages. GoLiveHost will employ best efforts in providing advance notice to Customer of scheduled server computer/network outages. 2.4.4 - Disclaimers. GoLiveHost provides no equipment, software, or communication connections to Customer. GoLiveHost makes no representations, warranties or assurances that the Customer's equipment, software, and communication connections will be compatible with GoLiveHost's hardware and service.
3.	Ownership of Content. All Content and User Content stored by Customer on GoLiveHost's server computers shall at all times remain the property of Customer. Customer grants to GoLiveHost a non-exclusive, worldwide license to the Content and User Content only to the extent necessary for GoLiveHost to host the Website.
4.	Content Control. 4.1 - Lawful Purpose. Customer will only use GoLiveHost's hardware and services for lawful purposes and Customer will not store or provide any Content or User Content or link to any material that violates foreign, federal, state or local law, the Terms of Service of Exhibit B and any modifications thereof, GoLiveHost's posted Acceptable Use Policy, or any other GoLiveHost policy. 4.2 - Remedy for Violation. Should GoLiveHost become aware that Customer has violated Part 4.1, GoLiveHost may, at its option, remove the Content or User Content in violation, immediately terminate hosting Customer's Website under Part 6.3, and/or notify authorities. If hosting is terminated, GoLiveHost may, in its sole discretion, reinstate hosting upon adequate showing of Customer's right to use the Content or User Content.
5.	Payments. 5.1 - Fees. Customer shall pay fees agreed upon during account signup. GoLiveHost will invoice periodically, and payment is due fourteen (14) days from invoicing. In the case of credit card payments GoLiveHost will automatically charge Customer Credit Card on file all fees associated with the account on the due date. GoLiveHost may, at its option, charge a 10% fee for late payments. 5.2 - Returned Checks and Declined Credit Cards may incur a fee. 5.3 - Account Updates. It is the responsibility of the customer to maintain accurate billing information with GoLiveHost. This may include updated credit card information, email address and mailing address. 5.4 - Taxes. Customer is solely liable for any taxes or fees payable for products or services sold by Customer on the Website.
6.	Term and Termination. 6.1 - Term. The initial term is agreed upon during account signup. After the initial term, this Agreement will automatically renew on a month-to-month basis until terminated. 6.2 - Termination by Customer. During the initial term, Customer may terminate this Agreement upon the material breach of GoLiveHost, if such material breach remains uncured for thirty (30) days following written notice to GoLiveHost. This cure period shall be extended by delay caused by events beyond the control of GoLiveHost including, but not limited to, natural disasters, governmental prohibitions or regulations, viruses that did not result from the acts or omissions of GoLiveHost, or technical faults of GoLiveHost's service providers or vendors. After the initial term, Customer may terminate this Agreement upon fourteen (14) days written notice to GoLiveHost. 6.3 - Termination by GoLiveHost. GoLiveHost may immediately terminate this Agreement for cause at any time without penalty. Causes justifying immediate termination include, but are not limited to: violation of any foreign, federal, state, or local law; non-payment of fees due under Part 5 of this Agreement; breach of this Agreement; violation of the Terms of Service found at http://www.golivehost.com/tos.htm and any written modifications thereof; and violation of any other GoLiveHost policy. GoLiveHost may terminate this Agreement without cause at any time upon thirty (30) days written notice to Customer.
7.	DISCLAIMER OF WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED HEREIN, GOLIVEHOST, AND ITS OWNERS, EMPLOYEES, AFFILIATES, AGENTS, VENDORS, AND THE LIKE, MAKE NO WARRANTY IN CONNECTION WITH GOLIVEHOST'S HARDWARE OR SERVICES, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, NON-INGRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
8.	LIMITATION OF LIABILITY. GOLIVEHOST, ITS OWNERS, EMPLOYEES, AFFILIATES, AGENTS, VENDORS, AND THE LIKE SHALL NOT BE LIABLE FOR ANY LOST PROFITS, LOST BUSINESS, LOST DATA OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE GOLIVEHOST'S HARDWARE OR SERVICES. CUSTOMER AGREES THAT ITS SOLE AND EXCLUSIVE REMEDY SHALL BE RETURN OR REDUCTION OF FEES PAYABLE TO GOLIVEHOST.
9.	Customer Indemnity. Customer shall defend GoLiveHost against any third party claim, action, suit or proceeding arising as a result of Customer's use GoLiveHost's hardware or services and indemnify GoLiveHost for all losses, damages, expenses, and costs incurred by GoLiveHost as a result of a final judgment entered against GoLiveHost in any such claim, action, suit or proceeding.
10.	General Provisions. 10.1 - Governing Law. This Agreement will be governed and construed in accordance with the laws of the State of New South Wales, Australia. Both parties agree to submit to personal jurisdiction in New South Wales and further agree that any cause of action arising under this Agreement will be brought in a court in New South Wales, Australia. 10.2 - Severability and Waiver. If any provision of this Agreement is held invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The waiver by either party of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach. 10.3 - Relationship of Parties. No agency, partnership, joint venture, or employment relationship is created by this Agreement and neither party has the power to bind the other party. 10.4 - Attorneys Fees and Costs. In the event that any legal action becomes necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled, in addition to its court costs, to such reasonable attorneys' fees, expert witness fees and legal expenses as may be fixed by a court of competent jurisdiction.
Hosting Agreement \| Terms of Service
Terms of Service
1.	GoLiveHost may only be used for lawful purposes. Customer will not store or provide any Content or User Content that: (a) violates any federal, state, or local law, statute, ordinance, or regulation (including, without limitation, export control, consumer fraud, unfair competition, antidiscrimination, gambling, or false advertising laws); (b) is defamatory, trade libelous, unlawfully threatening, or unlawfully harassing; (c) is obscene, child pornographic, or indecent; (d) violates any third party's right of publicity or right of privacy; or (e) contains any IRC application, bots, egg drops, viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
2.	Customer will not store or provide any Content or User Content, practice any software or business methods, or use a domain name that infringes any party's Intellectual Property. "Intellectual Property" means any and all property rights under copyright, moral right, trademark, patent, trade secret, or right of publicity law, or any other rights in works of authorship, inventions, designations of source, persona, or economically valuable information.
3.	GoLiveHost exercises no control over the Content, User Content, or other information passing through GoLiveHost.
4.	GoLiveHost does not monitor and is not obligated to monitor the Content and User Content and has not been informed by Customer of the Content, User Content, or nature of the Content on Customer's Website.
5.	Customer will not use GoLiveHost's hardware or service to misrepresent Customer's identity.
6.	Customer will not attempt to undermine the security or integrity of, or gain unauthorized access to, GoLiveHost's hardware, operating systems or any other computing systems or networks.
7.	Customer will not attempt to use IP Address not directly assigned by GoLiveHost staff. Attempting to use unauthorized IP Addresses may result in IP Conflict. Any server found using IPs, which was not officially assigned, will be suspended from network access until such time as the IP address conflict can be corrected.
8.	Customer will use GoLiveHost's hardware and services in accord with GoLiveHost's Acceptable Use Policy. The Acceptable Use Policy and any modifications thereof will be posted at GoLiveHost's website at: http://www.golivehost.com/aup.htm Customer's continued use of GoLiveHost' hardware and services constitutes Customer's acceptance of the Acceptable Use Policy and any modifications thereof.
9.	If GoLiveHost becomes aware of a violation of the Terms of Service, GoLiveHost will investigate and may, in its sole discretion, terminate hosting under the Hosting Agreement.
10.	These Terms of Service may be modified at any time. Any modifications will be delivered to Customer in electronic mail or written form, and posted at GoLiveHost's website. Customer's continued use of GoLiveHost' hardware and services after modification of these Terms of Service constitutes Customer's acceptance of the modifications.
11.	Customer will require Users to agree to and abide by these Terms of Service or substantially equivalent terms.



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