Terms of Service and Use
This Web Hosting Agreement (“Agreement”) is made between ServantHost and any and all persons, organizations, and entities having submitted billing information or otherwise on the ServantHost order form hereinafter referred to as “Customer”.
Submission of the order form as stated above or use of the ServantHost network indicates that you have read this Agreement and agree to be bound by this Agreement, the fee schedule and updates to this Agreement as posted on ServantHost’s web site from time to time. The parties hereto agree and bind themselves as follows:
1. SERVICES: ServantHost shall sell, and Customer shall purchase Web Hosting Services and email support services, for the purpose of hosting a domain or web site on the Internet. ServantHost shall provide the following services:
a. ServantHost shall provide a copy of the Web Hosting Software for use by Customer on the server. The provision of such software does not constitute any transfer of ownership of the software to Customer. Customer acknowledges that ServantHost may from time to time, as it deems necessary, upgrade, replace, remove or substitute software at its sole discretion.
b. ServantHost shall provide disk space on the server containing the Web Hosting Software and connection through one or more links and nodes to the Internet (“ServantHost Network”.) ServantHost shall have total discretion as to the physical location of the server as well as the software running on the server.
c. ServantHost shall provide technical support to Customer via electronic mail as necessary and will exercise reasonable care to ensure the proper operation and accessibility of the server over the Internet.
2. CUSTOMER: Customer agrees to comply with all applicable laws of the state of Illinois, the United States of America, all international laws and treaties, and the laws of the jurisdiction in which the Customer is located with regard to the transmission and use of information and content over the Internet or otherwise involving the ServantHost network.
a. Customer further agrees not to use the Internet service for illegal purposes, to interfere with or disrupt other network users, network services or network equipment. Customer shall be liable for and shall indemnify and defend ServantHost from and against any claims in anyway arising from or related to (i) the alleged infringement of patent, trademark, design, copyright or any other intellectual property rights in relation to the Customer’s use of the services and (ii) Customer or inclusion of any information, photographs, art work or other content (including without limitation claims based on invasion of privacy, right of publicity, the Communications Decency Act of 1996, obscenity or pornography, and the violation of any statutes or ordinances or other laws).
b. Customer understands that Internet use, and related products and services provided under this Agreement, may require registration and related services that are public in nature.
c. Customer agrees to receive occasional e-mails from ServantHost regarding information that ServantHost may deem to be of interest.
3. WEB SITE CONTENT: All services provided may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material ServantHost judges to be threatening or obscene, or material protected by laws governing trade secrets or any other statutes. ServantHost will be the sole arbiter of violations to this provision. Customer agrees to accept ServantHost’s determination of content as final and authoritative. Customers in violations of these provisions may be immediately deactivated and shall not receive a refund. The following restrictions apply to all sites hosted by ServantHost:
a. Pornography and sex-related merchandising is prohibited on ServantHost servers. This includes sites that may infer sexual content, or links to adult content elsewhere.
b. Sites that promote any illegal activity, pirated software, hacker programs or archives, Warez sites, or present content that may be damaging to our servers or any other server on the Internet are prohibited, as are any links to any such site or materials.
c. Spamming, or the sending of unsolicited commercial e-mail, from ServantHost servers or using an e-mail address or domain that is maintained on our machines as reference is STRICTLY prohibited. ServantHost will be the sole arbiter as to what constitutes a violation of this provision.
d. Using Spam as an advertising method for sites hosted on ServantHost is strictly prohibited.
e. ServantHost may allow programs to run continually in the background. These are considered on a case-by-case basis and an extra charge will be incurred based on system resources used and operational maintenance needed. Customer must contact ServantHost via email@example.com prior to running any background programs.
f. IRC and IRC bots are prohibited.
4. PRICING: Customer shall pay ServantHost for the initial term and any renewal thereof at ServantHost’s prevailing rates at the time the term or renewal begins.
5. PAYMENT: Payment shall be made to ServantHost in US dollars by check, money order or credit card. Checks should be made payable to “ServantHost”. Payments shall be sent to ServantHost at P.O. Box 706, Orland Park, IL 60462 or at such other address as indicated by ServantHost.
a. Customer agrees to contact ServantHost by emailing firstname.lastname@example.org prior to initiating a chargeback. Chargebacks received for an account may result in suspension of service until account has been reviewed and approved by ServantHost.
b. Payments made with credit cards that do not have the card owner’s permission will not be accepted. Customer’s account shall be immediately disabled and may be deleted at ServantHost’s discretion. ServantHost shall be the sole and final arbiter of whether proper authorization was given for the transaction.
6. PAST DUE POLICY: ServantHost must receive Customer’s payment by the due date indicated on the Customer’s invoice or the Customer will be denied access to the ServantHost network. SiteBuilder access will be suspended immediately when payment is past due.
a. An account is considered “past due” if an attempt to use the current credit card information supplied by the Customer is declined by the credit card processor for any reason.
b. If payment is more than 10 days late, the hosting account will be suspended making the website unavailable for viewing by potential visitors. An additional $15.00 administrative fee will be charged to reactivate each suspended hosting account.
c. If payment is more than 30 days late, the hosting account will be permanently removed from the ServantHost network without further notice. An additional $25 administrative fee will be charged to restore each website subsequent to its removal.
7. MONEY-BACK GUARANTEE: If Customer terminates account according to this Agreement within 30 days of beginning of the initial term, a full refund will be given for all hosting services. Refunds will only be given for the initial term of this agreement. Refunds will not be given if Customer is in violation of this Agreement or is terminated because ServantHost deemed them a threat to the network.
8. EFFECTIVE DATE AND TERM: The Effective Date of this Agreement shall be the date the Customer acknowledged this Agreement. The term of this agreement shall be that term specified by the customer on the order form located at http://www.servanthost.com/signup.asp at the time the order is placed. The term shall be automatically renewed, providing that neither party has provided the other party with a written notice not to renew for the forthcoming term. Customer must cancel service by emailing email@example.com from their admin email address. Notice not to renew by either party must be given at least seven (7) days prior to the expiration of the term.
9. TERMINATION: In addition to the other provisions of this Agreement, ServantHost reserves the right to suspend and/or terminate Customer without notice at any time. Upon the expiration or termination of this Agreement for any reason, Customer shall:
a. Immediately inhibit all access to ServantHost through the Customer’s Service and
b. Discontinue all uses of ServantHost trade names or Marks.
10. TRADEMARKS AND SERVICE MARKS: Customer shall not make any use of ServantHost’s company name, logo, trademarks or service marks, without the prior written consent of the ServantHost. When such permission is granted by ServantHost, Customer shall only use such company name, logo, trademarks, and service marks in the manner and for the period agreed to by ServantHost.
11. TAXES: Customer shall be responsible for and pay all taxes based upon the use of ServantHost, or the program storage media, or upon payments due under this Agreement including, but not limited to, sales, use, or value-added taxes, duties, withholding taxes and other assessments now or hereafter imposed on or in connection with this Agreement or with any sublicense granted hereunder, exclusive of taxes based upon ServantHost’s net income.
12. ENTIRE AGREEMENT: The parties hereto acknowledge that they have read this entire agreement and that this agreement and the attachments mentioned herein constitute the entire understanding and contract between the parties and supersedes any and all prior or contemporaneous oral or written communications.
13. CHANGE IN CONTROL: If there is a direct or indirect change in the effective voting control of Customer, or if Customer merges into or is acquired by a third party, or if Customer sells or transfers the Customer’s Service or all or substantially all of the assets of the business unit containing the Customer’s Service to a third party (a “Change in Control”), then Customer shall give prompt written notice thereof to ServantHost, and ServantHost at its option may, within 30 days after receipt of such notice, or immediately if no timely notice is given, terminate this Agreement by delivering written notice via email to Customer. Customer may request pre-approval from ServantHost for any such change of control.
14. ASSIGNMENT: ServantHost reserves the right to assign this Agreement, or any part thereof, at any time.
15. SEVERABILITY: If any provision of this agreement, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this agreement, or the application of such provision to persons or circumstances other than those to which it is held invalid, shall not be affected thereby.
16. FORCE MAJEURE: No party shall be liable by reason of any failure to delay in the performance of its obligations due to strikes, riots, fires or explosions, “acts of God”, war, governmental action or any other cause that is beyond the reasonable control of such parties. ServantHost shall not be responsible or liable for direct or consequential damages caused by “acts of God”, acts of government, insurrection, riot, civil disturbance, outages suffered by electric utilities, or outages suffered by intermediary networks over whose facilities Customer’ Web traffic is carried to and from the Web Server provided by ServantHost.
17. LIMITATION OF LIABILITY: ServantHost makes no warranty of any kind with respect to services and products provided under this Agreement. Customer agrees to comply with all applicable governmental laws in the use of the Web Server and ancillary services provided by ServantHost, and, in the event of any noncompliance, agrees to hold harmless ServantHost and its personnel and contractors from the consequences of such noncompliance. If any action in law or equity is instituted by either party hereto with respect to the subject matter of this agreement, ServantHost shall be entitled to recover, in addition to any other relief granted, reasonable attorney’s fees, legal costs, and expenses reasonably incurred. ServantHost’s liability for damages to Customer for any cause whatsoever, regardless of form of action, including negligence, shall not exceed an amount equal to the price of products and services purchased by Customer during the one month period preceding the event which caused the damages or injury.
18. JURSIDICTION: This Agreement shall be governed by the laws of the State of Illinois, USA, and in the event any litigation must be initiated to enforce the terms of this Agreement, said legal action must be brought in the courts of the State of Illinois. IN WITNESS THEREOF by submitting billing information, Customer hereby acknowledges consents to and enters into this Agreement with ServantHost.
19, REVISIONS: ServantHost.com may change these terms from time to time and so you should check these terms regularly. Your continued use of our website will be deemed acceptance of the updated or amended terms. If you do not agree to the changes, you should cease using our website immediately.
If any of these terms are determined to be illegal, invalid or otherwise unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.