By using Sharedspace Hosting Solutions services, you signify your agreement to these terms of service. If you do not agree to these terms of service, please do not use Sharedspace Hosting Solutions services. Sharedspace Hosting Solutions reserves the right, at its discretion, to add, change, modify, or remove portions of these terms at any time. Please check these terms regularly for changes. Your continued use of Sharedspace Hosting Solutions following the posting of any changes to these terms will mean you accept those changes.
If you have any questions regarding these Terms Of Service, please contact Sharedspace Hosting Solutions.
Subject to the terms of this Agreement, and contingent on Customer's satisfaction of Sharedspace Hosting Solutions credit approval requirements, Sharedspace Hosting Solutions agrees to provide the web hosting services described in the Order for the fees stated in the Order.
The initial service term of the Agreement shall begin on the date that Sharedspace Hosting Solutions generates an e-mail message to Customer announcing the activation of the Customer's account (the "Service Commencement Date") and shall continue for the number of months stated in the Order (the "Initial Term"). Upon expiration of the Initial Term, this Agreement shall automatically renew for up to three successive renewal terms of the same length as the Initial Term (each a "Renewal Term") unless Sharedspace Hosting Solutions or Customer provides the other with written notice of non-renewal at least seven (7) days prior to the expiration of the Initial Term or then-current Renewal Term, as applicable. The Initial Term and any Renewal Term may be referred to collectively in this Agreement as the "Term."
(a) Fees. Fees are payable in advance on the first day of each billing cycle. Customer's billing cycle shall be monthly, quarterly, semi-annually or annually as indicated on the Order, beginning on the Service Commencement Date. Sharedspace Hosting Solutions may require payment for the first billing cycle before beginning service. If the Order provides for credit/debit card billing, Customer authorizes Sharedspace Hosting Solutions to bill subsequent fees to the credit/debit card 10 days before the successive billing cycle due date during the Term of this Agreement; otherwise Sharedspace Hosting Solutions will invoice Customer via electronic mail to the Primary Customer Contact listed on the Order. Invoiced fees may be issued on or before the 1st day of each billing cycle, and the fees shall be due on the 10th day following invoice date, but in no event earlier than the first day of each billing cycle.
(b) Credit/debit Card Payments
By using a credit/debit card to pay for your goods or services, you confirm that the card being used is yours. Customer gives permission for their card details to be stored by Sharedspace Hosting Solutions in compliance with PCI DSS standards for the purpose of recurring charges being made to the card. All credit/debit card holders are subject to validation checks and authorisation by the card issuer and we are not obliged to inform you of the reason for any refusal. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your instruction, whether payment is successful or not. Customer is responsible for ensuring funds are available from the date of invoice generation (10 days before due date) where an attempt will be made to debit the card. We cannot be responsible for any losses you may incur in transmitting information to Sharedspace Hosting Solutions by internet link or by e-mail. Any such loss shall not be borne, either wholly or in part, by Sharedspace Hosting Solutions, and shall be entirely your responsibility. Customer acknowledges and that Sharedspace Hosting Solutions will continue to debit the customers card until written notice is given; and customer authorises that payment may be collected anywhere from 10 days before the due date until up to 30 days after the due date.
Payments must be made in US Dollars. Customer is responsible for providing Sharedspace Hosting Solutions with changes to billing information. Including but not limited to, credit card expiration, change in billing address or any other details required to successfully authorise payment from the payment card. Sharedspace Hosting Solutions may charge a $2.50 late fee, this fee also covers reconnection costs of the service if it has been suspended. Sharedspace Hosting Solutions may suspend the service without notice if payment for the service is overdue. Fees not disputed within 10 days of due date are conclusively deemed accurate. Customer agrees to pay Sharedspace Hosting Solutions reasonable reinstatement fee following a suspension of service for non-payment, and to pay Sharedspace Hosting Solutions reasonable costs of collection of overdue amounts, including collection agency fees, attorney fees and court costs.
(b) Fee Increases. Sharedspace Hosting Solutions may increase its fees for services effective the first day of a Renewal Term by giving notice to Customer of the new fees at least forty five (45) days prior to the beginning of the Renewal Term, and if Customer does not give a notice of non-renewal as provided in Section 2 above, the Customer shall be deemed to have accepted the new fee for that Renewal Term and any subsequent Renewal Terms (unless the fees are increased in the same manner for a subsequent Renewal Term).
(c) Taxes. At Sharedspace Hosting Solutions request Customer shall remit to Sharedspace Hosting Solutions all sales, VAT or similar tax imposed on the provision of the services (but not in the nature of an income tax on Sharedspace Hosting Solutions), regardless of whether Sharedspace Hosting Solutions fails to collect the tax at the time the related services are provided.
(d) Early Termination. Customer acknowledges that the amount of the fee for the service is based on Customer's agreement to pay the fee for the entire Initial Term, or Renewal Term, as applicable. In the event Sharedspace Hosting Solutions terminates the Agreement for Customer's breach of the Agreement in accordance with Section 9 (Termination), or Customer terminates the service other than in accordance with Section 9 (Termination) for Sharedspace Hosting Solutions breach, the unpaid fees for each billing cycle remaining in the Initial Term or then-current Renewal Term, as applicable, are due on the business day following termination of the Agreement.
Customer agrees to use the service in compliance with applicable law and Sharedspace Hosting Solutions Acceptable Use Policy posted at http://www.sharedspace.io/aup.html (the "AUP"), which is hereby incorporated by reference in this Agreement. Customer agrees that Sharedspace Hosting Solutions may, in its reasonable commercial judgment consistent with industry standards, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on Customer's use of the Services. Amendments to the AUP are effective on the earlier of Sharedspace Hosting Solutions notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with Sharedspace Hosting Solutions reasonable investigation of any suspected violation of the AUP. In the event of a dispute between Sharedspace Hosting Solutions and Customer regarding the interpretation of the AUP, Sharedspace Hosting Solutions commercially reasonable interpretation of the AUP shall govern.
5. Customer Information.
Customer represents and warrants to Sharedspace Hosting Solutions that the information he, she or it has provided and will provide to Sharedspace Hosting Solutions for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to Sharedspace Hosting Solutions that he or she is at least 18 years of age. Sharedspace Hosting Solutions may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer's account until Customer has provided a written notice changing the Primary Customer Contract.
Customer agrees to indemnify and hold harmless Sharedspace Hosting Solutions, Sharedspace Hosting Solutions affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer's services in violation of applicable law or the AUP by Customer or any person using Customer's log on information, regardless of whether such person has been authorized to use the services by Customer.
7. Disclaimer of Warranties.
Sharedspace Hosting Solutions does not warrant or represent that the services will be uninterrupted, error-free, or completely secure. To the extent permitted by applicable law Sharedspace Hosting Solutions disclaims any and all warranties including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. To the extent permitted by applicable law, all services are provided on an "as is" basis.
8. Limitation of Damages.
Neither party shall be liable to the other for any lost profits, or any indirect, special, incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the agreement, even if the party has been advised or should be aware of the possibility of such damages.
Notwithstanding anything else in the agreement to the contrary, the maximum aggregate liability of Sharedspace Hosting Solutions and any of its employees, agents or affiliates, under any theory of law (including breach of contract, tort, strict liability, and infringement) shall be a payment of money not to exceed the amount payable by customer for three months of service.
(a) Suspension of Service. Customer agrees that Sharedspace Hosting Solutions may suspend services to Customer without notice and without liability if: (i) Sharedspace Hosting Solutions reasonably believes that the services are being used in violation of the AUP;(ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) Sharedspace Hosting Solutions reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. Customer shall pay Sharedspace Hosting Solutions reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection.
(b) Termination. The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if Sharedspace Hosting Solutions fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer's written notice describing the failure in reasonable detail. The Agreement may be terminated by Sharedspace Hosting Solutions prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon thirty (30) days notice if Customer is overdue on the payment of any amount due under the Agreement; (ii)Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within seven (7) days of a written notice from Sharedspace Hosting Solutions describing the violation in reasonable detail; (iii) upon one (1) days notice if Customer's Service is used in violation of a material term of the AUP more than once, or (iv)upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon ten (10) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.
10. Requests for Customer Information.
Customer agrees that Sharedspace Hosting Solutions may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer's customers or end users that Sharedspace Hosting Solutions believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
11. Back Up Copy.
Customer agrees to maintain a current copy of all content hosted by Sharedspace Hosting Solutions notwithstanding any agreement by Sharedspace Hosting Solutions to provide back up services.
12. Changes to Sharedspace Hosting Solutions Network.
Upgrades and other changes in Sharedspace Hosting Solutions network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer's hosted content and/or applications. Sharedspace Hosting Solutions reserves the right to change its network in its commercially reasonable discretion, and Sharedspace Hosting Solutions shall not be liable for any resulting harm to Customer.
Notices to Sharedspace Hosting Solutions under the Agreement shall be given via any of the offered methods of support, located at on our Support Page. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.
14. Force Majeure.
Sharedspace Hosting Solutions shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Sharedspace Hosting Solutions control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labour action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
15. Governing Law/Disputes.
The Agreement shall be governed by the laws of the Country of the United Kingdom, exclusive of its choice of law principles, and the laws of the United States of America, as applicable. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods.
Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party's name or trade mark without the other party's prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer's purchase order or other business forms are not binding on Sharedspace Hosting Solutions unless they are expressly incorporated into a formal written agreement signed by both parties. A party's failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party's rights with respect to that provision or any other provision of the Agreement. A party's waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without Sharedspace Hosting Solutions prior written consent. Sharedspace Hosting Solutions approval for assignment is contingent on the assignee meeting Sharedspace Hosting Solutions credit approval criteria. Sharedspace Hosting Solutions may assign the Agreement in whole or in part.
This agreement together with the AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and super cedes and replaces any prior understanding or communication, written or oral.
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