WHEREAS, The Design Centre Web Hosting is an information provider connected to the Internet The Design Centres Web Hosting offers storage and transfer services over the Internet through access to its Web Servers;
WHEREAS, Customer seeks to utilize The Design Centres Web Hosting’s server for its own purposes;
WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, The Design Centres Web Hosting can make no guarantee that any given reader shall be able to access The Design Centres Web Hosting’s server at any given time.
The Design Centres Web Hosting represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible;
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;
- Customer agrees to a thirty (30) day contract minimum beginning upon commencement of service. Exact contract duration is decided upon at signup.
- Customer agrees that all charges and fees associated with an account are their sole responsibility and payable on or around the 20th of each month or upon receipt of invoice.
- At the end of the contract term, the contract will automatically renew for the original contract length indefinitely until cancelled in writing, email or via the Helpdesk.
- Violations of The Design Centres Terms of Service, Acceptable Use Policy, or Spam Policy may, at The Design Centres discretion, result in immediate and permanent disablement without refund.
- Disputed charges (“chargebacks”) associated with any Design Centre account may, at The Design Centres discretion, result in immediate and permanent disablement.
- Unavailability that is a result of scheduled maintenance is excluded from these conditions and will not be considered for service credit calculations. Scheduled maintenance is defined as maintenance that is announced at least 3 days in advance, and does not exceed one hour in any month.
- Service credits will be calculated as a percentage of the bill for the billing cycle that the Unavailability occurred. The percentage for the credit will be calculated by dividing the number of minutes of Unavailability by the total number of minutes in that billing cycle.
- Service credits must be claimed within 14 days of the Unavailability occurring by submitting a support ticket. Include as much detail as required to document the Unavailability.
The Design Centre Web Hosting shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Customer or The Design Centre Web Hosting’s server. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.
- Customer will provide The Design Centre Web Hosting with material and data in a condition that is “server-ready”, which is in a form requiring no additional manipulation on the part of The Design Centre Web Hosting. The Design Centre Web Hosting shall make no effort to validate this information for content, correctness or usability.
Use of The Design Centre Web Hosting’s service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Customer’s Webspace by the Customer.
The following examples are offered:
Web Publishing: requires a knowledge of HTML, properly locating and linking documents, FTPing Webspace contents, Graphics, text, Sound, imagemapping, etc.
CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc.
- The Customer agrees that he or she has the necessary knowledge to create Customer’s Webspace. Customer agrees that it is not the responsibility of The Design Centre Web Hosting to provide this knowledge or Customer Support outside of the defined service of The Design Centre Web Hosting.
- The Design Centre Web Hosting will exercise no control whatsoever over the content of the information passing through the network, provided that it adheres to all other conditions set forth in our Terms of Service and Acceptable Use Policy documents.
- The Design Centre Web Hosting reserves the right to police its network to verify compliance with all agreed upon Terms.
- The Customer agrees to cooperate in any reasonable investigations into their adherence to all agreed upon Terms. Failure to cooperate is grounds for immediate disablement of all accounts/service plans.
- The Design Centre Web Hosting reserves the right to disconnect any website or server deemed to present a security threat to The Design Centre’s customers, servers, or network.
- The opening of multiple accounts or service plans in order to bypass any restrictions or overage charges set forth by The Design Centre is grounds for termination of all services.
- The Design Centre Web Hosting makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. The Design Centre Web Hosting 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 Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of The Design Centre Web Hosting is at the Customer’s own risk, and The Design Centre Web Hosting specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. The Design Centre Web Hosting expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.
- The Design Centre Web Hosting specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not “Server-ready”, The Design Centre Web Hosting may, at its option and at any time, reject this material, including but not limited to after it has been put on The Design Centre Web Hosting’s Server. The Design Centre Web Hosting agrees to notify Customer immediately of its refusal of the material and afford Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of The Design Centre Web Hosting. If the Customer fails to modify the material, as directed by The Design Centre Web Hosting, within a reasonable period of time, which shall be determined between the parties themselves, the contract shall be deemed to be terminated.
TRADEMARKS & COPYRIGHTS
Customer warrants that it has the right to use the trademarks and copyrights applicable to all content and/or products being made available through the customer’s account.
HARDWARE, EQUIPMENT, & SOFTWARE
The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access The Design Centres Web Hosting.
The Design Centres Web Hosting makes no representations, warranties or assurances that the Customer’s equipment will be compatible with the The Design Centres Web Hosting service.
The Customer certifies that he or she is at least 18 years of age, or that their parent or legal guardian will act as the “customer” in terms of this contract.
Customer expressly agrees that use of The Design Centre Web Hosting’s Server is at Customer’s sole risk. Neither The Design Centre Web Hosting, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that The Design Centre Web Hosting’s Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the The Design Centre Web Hosting Server service, unless otherwise expressly stated in this contract.
Under no circumstances, including negligence, shall The Design Centre Web Hosting, its offices, agents or any one else involved in creating, producing or distributing The Design Centre Web Hosting’s Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the The Design Centre Web Hosting Server service; or that results 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, War, Civil disruptions, communication failure, theft, destruction or unauthorised access to The Design Centre Web Hosting’s records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on The Design Centre Web Hosting’s Server service.
Notwithstanding the above, Customer’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Customer paid during the term of this contract and any reasonable legal fee and court costs.
Customer agrees that it shall defend, indemnify, save and hold The Design Centre Web Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against The Design Centre Web Hosting, its agents, its customers, 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 Customer,its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless The Design Centre Web Hosting against Liabilities arising out of:
- any injury to person or property caused by any products sold or otherwise distributed in connection with The Design Centre Web Hosting’s Server;
- any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party;
- copyright infringement;
- any defective product which Customer sold on The Design Centres Web Hosting Server.