User Agreement & Terms of Service

User Agreement

1. Definitions.
  1.1 "Customer" means the persons, entity or agents and authorized representatives accepting this agreement.
  1.2 "AI Approach" refers to the operators of Small-biz-host.com, An Intelligent Approach, LLC, and it's authorized representatives and agents.
  1.3 "Content" means all text, pictures, sound, graphics, video, links, and other data stored by Customer on AI Approach's server computers.
  1.4 "Website" means pages presenting the Content stored by Customer on AI Approach's server computers.
  1.5 "User" means users of Customer's Website.
  1.6 "User Content" means all text, pictures, sound, graphics, video, links, and other data stored by Users on AI Approach's server computers.
  1.7 "Confidential Information" means information that Customer takes reasonable steps to maintain in confidence and identifies in writing to AI Approach as confidential.

2. Web Hosting.
  2.1 Hosting. AI Approach will provide dedicated or shared server computers, as specified in the Hosting Plan, with an Internet address for storage and access of Content, User Content, and the Website. The Website, Content, and User Content must be "server-ready." AI Approach will provide bandwidth and storage as specified in the Hosting Plan. If Customer requires additional bandwidth or storage, AI Approach will negotiate in good faith to amend this Agreement unless AI Approach's server computers cannot accommodate the requested bandwidth or storage.
  2.2 Website Backup. AI Approach will backup the Website in a commercially reasonable manner. However, AI Approach is not responsible for lost Content or lost User Content. Website backups will be stored by AI Approach for no longer than 14 days. AI Approach will provide, at Customer expense, an electronic copy of the backup Website to Customer upon written request by Customer. Customer is solely responsible for independent backup of data stored on AI Approach's servers. Backups are intended for disaster recovery, not the restoration of individual files.
  2.3 Standards.  AI Approach's services will conform to the following:
    2.3.1 Availability of Website. AI Approach will provide hosting services for the Website that meet reasonable commercial standards for, among other matters, packet loss, accessibility, latency, availability, and throughput.
    2.3.2 Security. AI Approach will take commercially reasonable steps to prevent unauthorized access to the Website, Content, User Content, and Confidential Information stored on AI Approach's server computers.
    2.3.3 Server/Network Computer Outages. AI Approach will employ best efforts in providing advance notice to Customer of scheduled server computer/network outages.
    2.3.4 Disclaimers. AI Approach provides no equipment, software, or communication connections to Customer. AI Approach makes no representations, warranties or assurances that the Customer's equipment, software, and communication connections will be compatible with AI Approach's hardware and service.

3. Ownership of Content.
  All Content and User Content stored by Customer on AI Approach's server computers shall at all times remain the property of Customer. Customer grants to AI Approach a non-exclusive, worldwide license to the Content and User Content only to the extent necessary for AI Approach to host the Website.

4. Content Control.
  4.1 Lawful Purpose. Customer will only use AI Approach's hardware and services for lawful purposes and Customer will not store or provide any Content or User Content or link to any material that violates foreign, federal, state or local law, the Terms of Service and any modifications thereof, AI Approach's posted Acceptable Use Policy, or any other AI Approach policy.
  4.2 Remedy for Violation. Should AI Approach become aware that Customer has violated Part 4.1, AI Approach may, at its option, remove the Content or User Content in violation, immediately terminate hosting Customer's Website under Part 6.3, and/or notify authorities. If hosting is terminated, AI Approach may, in its sole discretion, reinstate hosting upon adequate showing of Customer's right to use the Content or User Content.

5. Payments.
  5.1 Fees. Customer shall pay fees agreed upon during account signup. Accounts must be paid in advance and AI Approach will invoice monthly (unless otherwise agreed in writing). Payment is due fourteen (14) days from invoicing. In the case of credit card payments AI Approach will automatically charge Customer Credit Card on file all fees associated with the account on the due date. AI Approach may, at its option, charge a 1½% fee for late payments.
  5.2 Unpaid Accounts. Accounts that are unpaid for one month are automatically suspended. Accounts that are unpaid for two months will have their files purged. Accounts continue to accrue charges while suspended. In addition to any accrued charges, there is a Service Reinstatement Charge for returning a suspended account to service.
  5.3 Declined Credit Cards may incur a fee. Returned Checks will incur a $15.00 service charge.
  5.4 Account Updates. It is the responsibility of the customer to maintain accurate billing information with AI Approach. This may include updated credit card information, email address and mailing address.
  5.5 Taxes. Customer is solely liable for any taxes or fees payable for products or services sold by Customer on the Website.
  5.6 Refunds. If this Agreement is terminated by the Customer during the initial 30 days of the account, the Customer will receive a full refund of the current billing period charges, not including any setup fees for add-on items, charges for resource usage above the plan limits, or domain name registration fees. If the Customer terminates the Agreement after 30 days, the Customer will be billed through the current billing period and any funds remaining will be refunded.

6. Term and Termination.
  6.1 Term. The initial term is agreed upon during account signup. After the initial term, this Agreement will automatically renew for the same term until terminated.
  6.2 Termination by Customer. This Agreement may be terminated by the Customer at any time without prior notice and without cause by delivering written notice to AI Approach.
  6.3 Termination by AI Approach. AI Approach may immediately terminate this Agreement for cause at any time without penalty. Causes justifying immediate termination include, but are not limited to: violation of any foreign, federal, state, or local law; non-payment of fees due under Part 5 of this Agreement; breach of this Agreement; violation of the Terms of Service found at http://www.small-biz-host.com/tos.html and any written modifications thereof; and violation of any other AI Approach policy. AI Approach may terminate this Agreement without cause at any time upon thirty (30) days written notice to Customer.

7. DISCLAIMER OF WARRANTIES.
  EXCEPT AS EXPRESSLY PROVIDED HEREIN, AN INTELLIGENT APPROACH, LLC, AND ITS OWNERS, EMPLOYEES, AFFILIATES, AGENTS, VENDORS, AND THE LIKE, MAKE NO WARRANTY IN CONNECTION WITH AN INTELLIGENT APPROACH, LLC'S HARDWARE OR SERVICES, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, NON-INGRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

8. LIMITATION OF LIABILITY.
  AN INTELLIGENT APPROACH, LLC, ITS OWNERS, EMPLOYEES, AFFILIATES, AGENTS, VENDORS, AND THE LIKE SHALL NOT BE LIABLE FOR ANY LOST PROFITS, LOST BUSINESS, LOST DATA OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE AN INTELLIGENT APPROACH, LLC'S HARDWARE OR SERVICES. CUSTOMER AGREES THAT ITS SOLE AND EXCLUSIVE REMEDY SHALL BE RETURN OR REDUCTION OF FEES PAYABLE TO AN INTELLIGENT APPROACH, LLC.

9. Customer Indemnity.
  Customer shall defend AI Approach against any third party claim, action, suit or proceeding arising as a result of Customer's use AI Approach's hardware or services and indemnify AI Approach for all losses, damages, expenses, and costs incurred by AI Approach as a result of a final judgment entered against AI Approach in any such claim, action, suit or proceeding.

10. General Provisions.
  10.1 Governing Law. This Agreement will be governed and construed in accordance with the laws of the State of Colorado. Both parties agree to submit to personal jurisdiction in Colorado and further agree that any cause of action arising under this Agreement will be brought in a court in Adams County, Colorado.
  10.2 Severability and Waiver. If any provision of this Agreement is held invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The waiver by either party of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.
  10.3 Relationship of Parties. No agency, partnership, joint venture, or employment relationship is created by this Agreement and neither party has the power to bind the other party.
  10.4 Attorneys Fees and Costs. In the event that any legal action becomes necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled, in addition to its court costs, to such reasonable attorneys' fees, expert witness fees and legal expenses as may be fixed by a court of competent jurisdiction.

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Terms of Service

  1. An Intelligent Approach hosting may only be used for lawful purposes. Customer will not store or provide any Content or User Content that:
    1. violates any federal, state, or local law, statute, ordinance, or regulation (including, without limitation, export control, consumer fraud, unfair competition, antidiscrimination, gambling, or false advertising laws);
    2. is defamatory, trade libelous, unlawfully threatening, or unlawfully harassing;
    3. is obscene, child pornograph or indecent;
    4. violates any third party's right of publicity or right of privacy; or
    5. contains any viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
  2. Customer will not store or provide any Content or User Content, practice any software or business methods, or use a domain name that infringes any party's Intellectual Property. "Intellectual Property" means any and all property rights under copyright, moral right, trademark, patent, trade secret, or right of publicity law, or any other rights in works of authorship, inventions, designations of source, persona, or economically valuable information.
  3. AI Approach exercises no control over the Content, User Content, or other information passing through AI Approach.
  4. AI Approach does not monitor and is not obligated to monitor the Content and User Content and has not been informed by Customer of the Content, User Content, or nature of the Content on Customer's Website.
  5. Customer will not use AI Approach's hardware or service to misrepresent Customer's identity.
  6. Customer will not attempt to undermine the security or integrity of, or gain unauthorized access to, AI Approach's hardware, operating systems or any other computing systems or networks.
  7. Customer will not attempt to use IP Address not directly assigned by AI Approach staff. Attempting to use unauthorized IP Addresses may result in IP Conflict. Any server found using IPs, which was not officially assigned, will be suspended from network access until such time as the IP address conflict can be corrected.
  8. Customer will use AI Approach's hardware and services in accord with AI Approach's Acceptable Use Policy. The Acceptable Use Policy and any modifications thereof will be posted at AI Approach's website at: http://www.small-biz-host.com/aup.html. Customer's continued use of AI Approach's hardware and services constitutes Customer's acceptance of the Acceptable Use Policy and any modifications thereof.
  9. If AI Approach becomes aware of a violation of the Terms of Service, AI Approach will investigate and may, in its sole discretion, terminate hosting under the User Agreement.
  10. These Terms of Service may be modified at any time. Any modifications will be delivered to Customer in written form or posted at AI Approach's website at http://www.small-biz-host.com/tos.html. Customer's continued use of AI Approach's hardware and services after modification of these Terms of Service constitutes Customer's acceptance of the modifications.
  11. Customer will require its Users to agree to and abide by these Terms of Service.

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