|
The terms and conditions set forth herein constitute the full and
complete agreement between you and Propel Hosting, Inc. (doing
business as and hereinafter referred to as “Propel Hosting”)
Your agreement to be bound by these terms is acknowledged by your
use of the Propel Hosting Web Site, Hosting Services, Support
Services and/or any Propel Hosting software made available to you.
The terms contained herein supercede and replace any other agreement
or negotiation between you and Propel Hosting whether oral, written
or otherwise including any statements made by any representative of
Propel Hosting at any time.
1 FEES; PAYMENT OF FEES
1.1 Fees - Propel Hosting charges the following fees where
applicable. All such fees are subject to change with 30 days notice.
1.1.1 Account Set-Up Fee
1.1.2 Service Fee
1.1.3 Domain Registration Fee
1.2 Propel Hosting reserves the right to offer subsequent
promotional rates which may or may not be more favorable than the
terms under which you entered this agreement. Any such periodic
special rates shall not effect the then existing rights and
responsibilities of each party. Propel Hosting also reserves the
right to change the rate charged for any such fee under this
agreement with 30 days notice.
1.3 Propel Hosting charges a non-refundable set up fee as well as
it’s periodic service fee which in some cases may be refundable as
further set forth elsewhere herein. According to the services you
order from Propel Hosting, Propel Hosting may also charge you for
Domain Registration Fees and specifically reserves the right to
institute additional charges upon notice to you. Propel Hosting also
reserves the right to alter, change, amend or delete charges at it’s
sole option. Propel Hosting further reserves the right to institute
new services and charge fees in association with the provision of
such new services as it deems appropriate.
1.4 Payment of Fees - Propel Hosting accepts payment by Credit Card
(American Express, Visa, MasterCard, Discover) and by personal
check, cashiers check or money order.
1.5 Payment by Credit Card
1.5.1 Prior to activation of your user account and at any applicable
time thereafter you agree to allow Propel Hosting to charge your
provided credit card and at stated regular intervals the agreed
service fee amount for the stated period together with any Propel
Hosting set-up charges, registration fees, or any other charges
outlined herein as may be applicable. You further authorize Propel
Hosting to charge your credit card for all subsequent period fees
at, or a reasonable period in advance of, the commencement of any
such subsequent period. You agree to maintain current valid existing
credit card information with Propel Hosting for the purpose of
satisfying the Propel Hosting charges as they become due. Refusal or
rejection of any such charge or any portion thereof is grounds for
account suspension and/or termination at the sole option of Propel
Hosting under Paragraph 8 herein.
1.6 Payment by Check
1.6.1 Prior to activation of your user account you agree to submit a
check payable in U.S. dollars against a bank located within the
United States. Propel Hosting is under no obligation to initiate
service until the proceeds of such check have been cleared by such
financial institution and have been received by Propel Hosting.
Invoices will be submitted to you as a courtesy only. Payment for
subsequent fees are due and payable immediately upon invoice and in
no instance later than the expiration of the last day of the
previous period without regard to any invoice. It is your
responsibility when paying by check to make sure that your payment
is received by Propel Hosting. An administrative fee of $25.00 will
be charged for the refusal, rejection or return of any such check
for any reason whatsoever or any portion thereof. In addition,
refusal, rejection or return of any such check for any reason
whatsoever or any portion thereof is grounds for account suspension
and/or termination at the sole option of Propel Hosting under
Paragraph 8 herein.
1.6.2 It is recommended that in order to avoid any service
interruption that you submit your payment to Propel Hosting a
sufficient time before the expiration of the current service period
so that it reaches Propel Hosting in advance of the renewal date.
1.7 Refunds of Service fees will be made only for pre-payment of
Service fees beyond the renewal date following the effective notice
and termination of this agreement under paragraph 8.1. All refunds
shall be pro-rated based upon the number of days for which service
remains unused as of that renewal date. Propel Hosting may grant
refunds under any other circumstance it deems appropriate without
waiving any other rights hereunder.
2 WEB HOSTING SERVICES
For the term of the agreement as set forth herein Propel Hosting
agrees to provide web hosting services according the plan selected
by you upon activation of your account. Propel Hosting reserves the
right to change, amend and/or otherwise alter the services provided
with equivalent or otherwise equal services without prior notice to
you.
3 DOMAIN REGISTRATION SERVICES
At Customer’s request, Propel Hosting may also acquire a
Second-Level Domain Name (“Domain Name”), on behalf of Customer.
Propel Hosting will not own or otherwise control any domain name
registered on your behalf under this paragraph. Propel Hosting
provides this service as a convenience to you only and you hereby
waive any and all claims which you may have, or which may later
arise, against Propel Hosting for any and all damages, losses,
claims or expenses arising our or related to the acquisition,
registration and/or use of the Domain Name. Any costs incurred by
Propel Hosting to obtain and/or maintain the Domain Name on your
behalf shall be charged to you by Propel Hosting under the provision
therefore elsewhere herein.
4 ACCEPTABLE USE
Propel Hosting strictly enforces compliance with its acceptable use
terms under this paragraph (4) four. You agree to maintain your
website in full compliance with the terms set forth below. Failure
to so comply is cause for immediate suspension and possible
termination under paragraph (8) herein.
4.1 You agree that you will not violate the laws, regulations,
ordinances or other such requirements of any applicable Federal,
State or local government.
4.2 You agree not to cause any harm to minors of any kind or to
perform any activity which is likely to cause such harm.
4.3 You agree not to take any action which encourages or consists of
any threat of harm of any kind to any person or property
4.4 You agree not to transmit any unsolicited commercial or bulk
email. You will not engage in any activity known or considered to be
“spamming” or “Mail Bombing”
4.5 You agree not to make any inappropriate communication to any
Newsgroup, Mailing List, Chat Facility, or other Internet Forum.
4.6 You agree not to make or attempt any unauthorized access to any
Propel Hosting website or the website of any Propel Hosting
customer.
4.7 You agree not to infringe any copyright, trademark, patent,
trade secret, or other proprietary rights of any third party,
including, but not limited to, the unauthorized copying of
copyrighted material, the digitization and distribution of
photographs from magazines, books, or other copyrighted sources, and
the unauthorized transmittal of copyrighted software.
4.8 You agree not to collect or attempt to collect personally
identifiable information of any person or entity without their
express written consent. You shall maintain records of any such
written consent throughout the terms of this agreement and for three
years thereafter.
4.9 You agree not to undertake any action which is harmful or
potentially harmful to the Propel Hosting server structure.
5 LICENSE
Propel Hosting pursuant to the terms and conditions set forth herein
hereby grants you a non-exclusive, limited, personal,
non-transferable license to use the Propel Hosting Web Hosting
Service for the term of the agreement as set forth herein.
6 OWNERSHIP OF INTELLECTUAL PROPERTY; CONFIDENTIALITY
6.1 It is understood and agreed that during the term of this
agreement and thereafter you may come into possession of information
which is the confidential and proprietary information of Propel
Hosting including but not limited to the Propel Hosting customer
service and maintenance tools. You acknowledge that all right and
title to any such Propel Hosting intellectual property shall remain
the sole property of Propel Hosting and that you have no right,
title or interest therein. You further agree not to provide access
to the Propel Hosting services to any third party. You agree
yourself and not to assist any third party in any way to translate,
decompile, reverse engineer, disassemble, modify, reproduce, rent,
lease, lend, license, distribute, market or otherwise dispose of any
portion of the Propel Hosting Services. Any and all right or title
to any engineering, coding, programming or customer service work
around or other modification of the Propel Hosting service shall
also remain the sole property or Propel Hosting.
6.2 During the term of this agreement you may have access to certain
information and materials relating to the Propel Hosting business,
customers, software technology and marketing which Propel Hosting
treats as confidential (hereinafter “Confidential Information”). You
agree to at all times during the term of this agreement and
otherwise as set forth herein: (i) hold in confidence, and not
disclose or reveal to any person or entity, any “Confidential
Information” without the express prior written consent of Propel
Hosting; and (ii) not use or disclose any of the “Confidential
Information” for any purpose at any time, other than pursuant to
your rights under this agreement for the purpose intended. These
obligations shall continue indefinitely for so long as the
Confidential Information is a trade secret under applicable law and
shall continue for three (3) years following termination of this
Agreement with respect to Confidential Information, which does not
rise to the level of a trade secret.
7 TERM
The initial term of this agreement shall be one (1) month with
automatic renewal for subsequent additional months after the
expiration of the initial term. Propel Hosting reserves the right to
accept pre-payment of renewal periods and may from time to time
offer financial incentives for such pre-payment. The term of the
agreement, however, shall remain one (1) month.
8 SUSPENSION AND TERMINATION
8.1 Suspension - At the sole option of Propel Hosting for any reason
set forth herein or in the event that you breach any term of this
agreement including but not limited to Section 1 (Payment of Fees)
and Section 4 (Acceptable Use Policy) Propel Hosting may suspend
your account by deactivating any access by you or by web users to
any information contained on the Propel Hosting servers related to
your account while maintaining the information and data related to
your account upon the Propel Hosting servers. Suspension shall
specifically include the disabling of your hosted domain and/or any
access to information or data related to your account. In the event
of any such suspension you will be notified and given an opportunity
to correct such breach. In the event that such breach is not
corrected within ten (30) days the account may be terminated under
paragraph 8.2. Service charges will continue to accrue on suspended
accounts as if they were not suspended. You will remain responsible
for the payment of any such charges during any such period of
suspension.
8.2 Termination - This agreement and all of it’s terms shall remain
in full force and effect until it is terminated. Termination shall
include the removal of any and all of your information from the
Propel Hosting servers. Such information or data may or may not be
made available to you by Propel Hosting after any such termination.
This agreement may be terminated either (a) after a period of
suspension as set forth in paragraph 8.1 or (b) by either party upon
45 days notice in advance of a renewal period for any reason.
8.3 In the event of termination under paragraph 8.2(a) there will be
no refund provided to you. In addition, Propel Hosting may charge
you an additional termination fee not to exceed $100.00 at its sole
option. The assessment of this termination fee shall not effect the
rights of Propel Hosting to recover from you losses, damages,
indemnity, defense costs, expert costs, collection costs and/or
attorneys fees or other costs of any kind as may be applicable under
Georgia Law
8.4 In the event of any termination under paragraph 8.2(b) of this
subsection any service fees paid in advance beyond the next renewal
date following the notice period under that section will be refunded
to you. This refund shall not include any set-up fees, Domain
Registration fees or other fees which are all non-refundable.
9 NOTICE
9.1 Any notice under this agreement shall be given by Propel Hosting
to you via email at the address provided by you to Propel Hosting at
the commencement of this agreement or as Propel Hosting is
subsequently advised. Notice to you at this address is deemed
sufficient regardless of your receipt of such email. If you wish to
update your email address you should do so in your control panel.
9.2 Any notice by you to Propel Hosting shall be made by telephone
to a customer service representative at 1-888-410-7552 during Propel
Hosting regular business hours of 7:00 a.m. to 5:00 p.m. Eastern
Standard Time. Such notice may also be sent via United States Mail
to the following Address:
Propel Hosting Inc.
3041 Lion Pointe
Lithonia, GA 30038
10 SURVIVAL
Sections 1, 3 through 6, 8, 9, 11, 12, and 14 through 18, inclusive,
of this agreement shall survive the termination of this agreement
and shall remain in full force and effect after any such
termination.
11 WARRANTEES AND LIMITATIONS
11.1 Propel Hosting makes every reasonable effort to maintain
operation of the Propel Hosting service however because as many
events and circumstances are beyond the control of Propel Hosting,
Propel Hosting does not in any way warrant or otherwise guarantee
the availability of the Propel Hosting system or servers and is not
responsible for any delay or loss of data, lack of connection, slow
connection, or any other such issues whether due to the active or
passive negligence of Propel Hosting.
11.2 THE PROPEL HOSTING SERVICE IS PROVIDED TO YOU ON AN “AS IS”
BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF
MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
11.3 In general, Propel Hosting has no control over information
contained on the Internet. Information obtained by you from the
Internet may be inaccurate, offensive or in some cases even illegal.
Propel Hosting accepts no responsibility for any information which
you receive from the Internet. You accept full responsibility to
verify the truth and accuracy, legality and ownership of the
information that you obtain from the Internet as well as the
reputation of the individuals with whom you may deal. Propel Hosting
provides no warrantee for any goods or services which you obtain
over the Internet nor the compatibility of any such services with
the Propel Hosting system.
11.4 You specifically hereby waive any claim for damages of any kind
whether direct, indirect, special, exemplary, punitive, incidental
or consequential, loss of profits or loss of business as the result
of any action taken in response to any claim of copyright
infringement without regard to whether or not the material claimed
to have been infringing is later found to be infringing.
11.5 THE TOTAL SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU AS THE
RESULT OF ANY BREACH OF THIS AGREEMENT, NEGLIGENCE, OR ANY ACTION OR
FAILURE TO ACT WHETHER INTENTIONAL OR OTHERWISE SHALL BE THE TOTAL
AMOUNT OF SERVICE FEES PAID BY YOU TO PROPEL HOSTING IN THE THREE
MONTHS IMMEDIATELY PROCEEDING ANY ALLEGATION OF ENTITLEMENT TO SUCH
REMEDY. IN NO EVENT SHALL PROPEL HOSTING BE LIABLE FOR ANY INDIRECT,
SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES,
LOSS OF PROFITS OR LOSS OF BUSINESS AS THE RESULT OF ANY SUCH ACTION
OR INACTION WITHOUT REGARD TO THE LIKELIHOOD OF ANY SUCH DAMAGES.
12 INDEMNITY
12.1 You agree to fully defend and indemnify and hold harmless
Propel Hosting of and from any and all third party claims, causes of
action, demands, costs, damages including both direct and
consequential damages, specifically including attorneys fees and
costs, expert fees and costs and mediation and/or arbitration fees
and costs incurred (whether paid or not) as the result of any breach
or claim of breach of this agreement or your negligence whether
active or passive or any negligence of Propel Hosting in any way
related to your use of the Propel Hosting service or any portion
thereof.
12.2 You agree to fully defend and indemnify and hold harmless
Propel Hosting of and from any and all third party claims, causes of
action, demands, costs, damages including both direct and
consequential damages, specifically including attorneys fees and
costs, expert fees and costs and mediation and/or arbitration fees
and costs incurred (whether paid or not) as the result of any
violation or claimed violation of any copyright or other
intellectual property right of any third party which is in any way
related to your use of the Propel Hosting service or any portion
thereof. Choice of counsel remains exclusively that of Propel
Hosting.
12.3 You agree that upon the assignment of your user ID and password
that you will maintain the confidentiality of your account
information and assume all responsibility of and from any loss,
theft or other destruction of any data as the result of any access
to your account via the use of your user ID. You further agree to
defend and indemnify and hold harmless Propel Hosting of and from
any and all third party claims, causes of action, demands, costs,
damages including both direct and consequential damages,
specifically including attorneys fees and costs, expert fees and
costs and mediation and/or arbitration fees and costs incurred
(whether paid or not) as the result of any claim for damages in any
way related to the disclosure of your confidential User ID and
Password information. Choice of counsel remains exclusively that of
Propel Hosting.
13 FORCE MAJEURE
Either party to this agreement shall be excused from any delay or
failure in performance hereunder caused by reason of any occurrence
or contingency beyond its reasonable control, including but not
limited to, acts of God, earthquake, labor disputes and strikes,
riots, war, and governmental requirements. The obligations and
rights of the party so excused shall be extended on a day-to-day
basis for the period of time equal to that of the underlying cause
of the delay.
14 ASSIGNMENT
This agreement and the rights hereunder is not assignable or
transferable except that Propel Hosting may assign it’s rights
hereunder to any person or entity who shall become a principal
owner, or shareholder of Propel Hosting. Any other attempted
transfer or assignment of rights hereunder shall be null and void.
15 SEVERABILITY
If any term, clause or provision hereof is held invalid or
unenforceable by a court of competent jurisdiction, such invalidity
shall not affect the validity or operation of any other term, clause
or provision and such invalid term, clause or provision shall be
deemed to be severed from the Agreement.
16 CHOICE OF LAW
This Agreement shall be interpreted under the laws of the State of
Georgia without regard to any conflict of laws provisions. Any
action between the parties to this agreement for the breach of this
agreement or any action or claim in any way relating thereto shall
be venued in the Superior Court of the State of Georgia. The parties
to this agreement hereby consent to jurisdiction in that court and
agree to accept service by mail and hereby waive any defense of any
kind related to jurisdiction or venue.
17 NO AGENCY
Notwithstanding any other provision of this agreement, Propel
Hosting is not your agent, partner or joint venture in any respect.
18 AMENDMENT
Propel Hosting may without advance notice amend this Agreement from
time to time, and will do so by posting the new Agreement on the
Propel Hosting web site in place of the old. Each and every such
amendment shall be become effective immediately for all pre-existing
and future accounts.
19 REQUIRED NOTICES
19.1 Copyright Infringement Claims - Any notice concerning any claim
of copyright infringement should be addressed to Propel Hosting,
Inc. - , COPYRIGHT INFRINGEMENT CLAIM, 3041 Lion Pointe, Lithonia,
GA 30038 Telephone 1(888) 410-7552 Facsimile (770)374-6170 |
