Shopsite Web Hosting
Sales Pro
300 MB Disk Space, 30 GB Transfer
E-Commerce Included: Shopsite Pro
Unlimited Products,Database Access,
Custom Templates,Realtime Shipping
100 Email Accounts, MySite Access
Shopsite Web Hosting
Sales Manager
200 MB Disk Space, 20 GB Transfer
E-Commerce - Shopsite Manager
50 Email Accounts, MySite Access
Unlimited Products, Realtime Shipping
Shopsite Web Hosting
Sales Starter
100 MB Disk Space, 10 GB Transfer
E-Commerce - 15 Product Limit
10 Email Accounts, MySite Access
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Terms Of Service
1. Introduction
This Web Site Hosting Agreement ("Agreement") contains the Terms of Service
which apply to your (the "Client") account with Basiclink, Inc. (the "Host").
Host and Client are collectively referred to as the "parties."
2. Services
a. Services. Host agrees to perform and provide to Client,
services consisting of non-exclusive electronic access to a digital
information processing, transmission and storage system ("Server") to store
Client's web site ("Site") and make the site available on and via the global
computer communications network ("Internet") as specified herein. The Hosting
Services are referred to as the "Services." Client agrees that the Services
shall not include any web site development services, authorship or creation
with respect to the Site.
b. Availability of Services. Subject to the terms and conditions
of this Agreement, Host shall attempt to provide the Services for twenty-four
(24) hours a day, seven (7) days a week throughout the term of this Agreement.
Client agrees that from time to time the Services may be inaccessible or
inoperable for any reason, including, without limitation: (i) equipment
malfunctions; (ii) periodic maintenance procedures or repairs which Host may
undertake from time to time; or (iii) causes beyond the control of Host or
which are not reasonably foreseeable by Host, including, without limitation,
interruption or failure of telecommunication or digital transmission links,
hostile network attacks, network congestion or other failures. Client agrees
that Host has no control of availability of Services on a continuous or
uninterrupted basis.
c. Host Materials. In connection with performance of the
Services and at the sole discretion of Host with no obligation, Host may
provide to Client certain materials, including, without limitation, computer
software (in object code or source code form), data, documentation or
information developed or provided by Host or its suppliers under this
Agreement, domain names, electronic mail addresses and other network addresses
assigned to Client, and other know-how, methodologies, equipment, and
processes used by Host to provide the Services to Client ("Host Materials").
d. Client Content. Client shall be solely responsible for
providing, updating, uploading and maintaining the Site and any and all files,
pages, data, works, information and/or materials on, within, displayed, linked
or transmitted to, from or through the Site, including, without limitation,
trade or service marks, images, photographs, illustrations, graphics, audio
clips, video clips, email or other messages, metatags, domain names, software
and text ("Client Content"). The Client Content shall also include any
registered domain names provided by Client or registered on behalf of Client
in connection with the Services.
3. Site and Services Terms and Limitations
a. Storage and Security. At all times, Client shall bear full
risk of loss and damage to the Site and all Client Content. Client shall be
solely responsible for undertaking measures to: (i) prevent any loss or damage
to Client Content; (ii) maintain independent archival and backup copies of the
Site and all Client Content; (iii) ensure the security, confidentiality and
integrity of all Client Content transmitted through or stored on the Server;
and (iv) ensure the confidentiality of Client's password. The Server, Host and
Services are not an archive and Host shall have no liability to Client or any
other person for loss, damage or destruction of any Client Content. If
Client's password is lost, stolen or otherwise compromised, Client shall
promptly notify Host, whereupon Host shall suspend access to the Services by
use of such password and issue a replacement password to Client's authorized
representative.
b. Acceptable Use Policy. Client is solely responsible for all
acts, omissions and use under and charges incurred with Client's account or
password or in connection with the Site or any Client Content displayed,
linked, transmitted through or stored on the Server. Client agrees not to
engage in unacceptable use of any Services, which includes, without
limitation, use of the Services to: (i) disseminate or transmit unsolicited
messages, chain letters or unsolicited commercial email; (ii) disseminate or
transmit any material that, to a reasonable person may be abusive, obscene,
pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or
malicious; (iii) disseminate or transmit files, graphics, software or other
material, data or work that actually or potentially infringes the copyright,
trademark, patent, trade secret or other intellectual property right of any
person; (iv) create a false identity or to otherwise attempt to mislead any
person as to the identity, source or origin of any communication; (v) export,
re-export or permit downloading of any message or content in violation of any
export or import law, regulation or restriction of the United States and its
agencies or authorities, or without all required approvals, licenses and/or
exemptions; (vi) interfere, disrupt or attempt to gain unauthorized access to
any computer system, server, network or account for which Client does not have
authorization to access or at a level exceeding Client's authorization; (vii)
disseminate or transmit any virus, trojan horse or other malicious, harmful or
disabling data, work, code or program; or (viii) engage in any other activity
deemed by Host to be in conflict with the spirit or intent of this Agreement
or any Host policy.
c. Rights of Host. Client agrees that Host may, in its sole
discretion, remove or disable access to all or any portion of the Site or
Client Content stored on the Server at any time and for any reason. Host has
no obligation to monitor the Site or any Client Content, but reserves the
right in its sole discretion to do so.
4. Payment Terms
a. Payment. Client shall pay Host for the Services the amounts
set forth for the particular Plan chosen by Client, and at such times provided
by the payment schedule specified therein. In the event that Client exceeds
the scope of the Services as set forth at the Plan Comparison Page for the
particular Plan chosen by Client (for example, bandwidth or disk utilization
space), Client shall pay Host for such additional services not within the
scope of the Services at Host's then current rates.
b.Full Responsibility Client acknowledges, agrees, and assumes
full responsibility for making timely payments for each Basiclink account.
Timely payment includes keeping account and billing information current for
all of Client's accounts. Clients who pay via credit card must provide
Basiclink, Inc. with their full name, billing address, credit card number and
expiration date. It is the Client's responsibility to timely notify Basiclink,
Inc. of any changes in the Client's credit card account.
c.Right to Cancel Basiclink, Inc. reserves the right to cancel
any Client account without notice due to non-payment of hosting fees.
d.Cancellation by Client In the event of cancellation by Client,
Client must contact Basiclink, Inc. in one of the following manners within 30
days of Cancellation: 1) via email to support@Basiclink, Inc. where the
subject has the words 'Account Cancellation'; or 2) via telephone to a
Basiclink, Inc. representative at 619-522-6771, followed by written
confirmation by Client with proof of receipt, properly addressed to and
received by Basiclink, Inc. within ten (10) days from the date of telephone
cancellation. Notification of cancellation MUST be accompanied by the Client's
Basiclink, Inc. username.
e. Non-UsageNON-USAGE OF AN ACCOUNT IS NOT PROOF OF CANCELLATION
OF SERVICE. Clients are responsible for full payment on all accounts whether
or not the account is ever utilized.
f. Billing Discrepancies Any billing discrepancies shall be
presented to Basiclink, Inc. in reasonable detail, in writing, within twenty
(20) days of the date of the charge. Such notification shall not releive
Client of the obligation to make all payments including the amounts disputed
by the due date. Basiclink, Inc. shall not be obligated to consider any Client
notice of billing discrepancies which are received by Basiclink, Inc. more
than twenty (20) days following the date of the invoice in question. If a
Client fails to dispute any charge after twenty (20) days from the date of the
charge, Client waives its rights to thereafter make any such dispute and all
such charges will be deemed valid.
g. Pre-Payment In the event that a Client pre-pays for their
Hosting account, any discounts given by Basiclink, Inc. for such payment plans
are calculated that the Client is paying for the regular months of service and
getting additional months at the end of the service term at a discount. In the
event that a Client cancels their service within a year, such Client is no
longer entitled to any discounts.
h. Renewal Client agrees that at the end of the term of the
Hosting Account initially agreed to by Client or any term thereafter,
Basiclink, Inc. may, at its sole discretion, automatically renew such Hosting
Account for an additional term. Client further agrees that upon renewal of
such Hosting Account, Basiclink, Inc. may continue to charge Client's credit
card or seek other form of payment from Client, for which Client shall be
responsible for. In the event that Client does not wish Basiclink, Inc. to
automatically renew such Internet Account, it is Client's sole responsibility
to notify Basiclink, Inc. of such intent prior to the expiration of such term.
5. Disclaimer Of Warranty
HOST MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR
PURPOSE, CONCERNING ANY SUBJECT MATTER OF THIS AGREEMENT.
6. Limitation of Liability
EXCLUSIVE OF LIABILITY UNDER SECTION 7 (INDEMNIFICATION), IN NO EVENT SHALL
HOST BE LIABLE TO CLIENT OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR
ANY MATTER ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ITS SUBJECT MATTER,
WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR
OTHERWISE, EVEN IF HOST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
HOST.S TOTAL LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE TOTAL FEES PAID BY
CLIENT TO HOST HEREUNDER FOR THE ONE (1) YEAR PERIOD PRIOR TO ANY ACT OR
OMISSION GIVING RISE TO ANY POTENTIAL LIABILITY.
7. Indemnification
a. By Client. Client agrees to indemnify, hold harmless and
defend Host and its directors, officers, employees and agents from and against
any action, claim, demand, dispute, or liability, including reasonable
attorney's fees and costs, arising from or relating to: (i) Client's breach of
this Agreement; (ii) any negligence or willful misconduct of Client; (iii) any
allegation that the Site or Client Content infringes a third person's
copyright, trademark or proprietary or intellectual property right, or
misappropriates a third person's trade secrets; or (iv) any action or conduct
of Host undertaken pursuant to this Agreement. Client agrees that Host shall
have the right to participate in the defense of any such claim through counsel
of its own choosing.
b. By Host. Host agrees to indemnify, hold harmless and defend
Client and its directors, officers, employees and agents from and against any
action, claim, demand or liability, including reasonable attorney's fees and
costs, arising from or relating to any allegation that the Host Materials
infringe a third person's copyright, trademark or proprietary or intellectual
property right, or misappropriates a third person's trade secrets.
8. General
a. Independent Contractors. The parties and their respective
personnel, are and shall be independent contractors and neither party by
virtue of this Agreement shall have any right, power or authority to act or
create any obligation, express or implied, on behalf of the other party.
b. Assignment. Client may not assign any of its rights, duties
or obligations under this Agreement to any person or entity, in whole or in
part, and any attempt to do so shall be deemed void and/or a material breach
of this Agreement.
c. Waiver. No waiver of any provision hereof or of any right or
remedy hereunder shall be effective unless in writing and signed by the party
against whom such waiver is sought to be enforced. No delay in exercising, no
course of dealing with respect to, or no partial exercise of any right or
remedy hereunder shall constitute a waiver of any other right or remedy, or
future exercise thereof.
d. Severability. If any provision of this Agreement is
determined to be invalid under any applicable statute or rule of law, it is to
that extent to be deemed omitted, and the balance of the Agreement shall
remain enforceable.
e. Amendment. No amendment, change, waiver, or discharge hereof
shall be valid unless in writing and signed by both parties.
f. Law. This Agreement shall be governed in all respects by the
laws of the State of California without regard to its conflict of laws
provisions.
g. Force Majeure. If the performance of any part of this
Agreement by either party is prevented, hindered, delayed or otherwise made
impracticable by reason of any flood, riot, fire, judicial or governmental
action, labor disputes, act of God or any other causes beyond the control of
either party, that party shall be excused from such to the extent that it is
prevented, hindered or delayed by such causes.
h. Entire Agreement. This Agreement constitutes the complete and
exclusive statement of all mutual understandings between the parties with
respect to the subject matter hereof, superseding all prior or contemporaneous
proposals, communications and understandings, oral or written.
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