1. Definitions. |
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1.1 |
"Customer" means the persons, entity or agents and authorized
representatives accepting this agreement. |
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1.2 |
"AI Approach" refers to the operators of Small-biz-host.com,
An Intelligent Approach, LLC, and it's authorized representatives and agents. |
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1.3 |
"Content" means all text, pictures, sound, graphics, video,
links, and other data stored by Customer on AI Approach's server computers. |
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1.4 |
"Website" means pages presenting the Content stored by Customer
on AI Approach's server computers. |
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1.5 |
"User" means users of Customer's Website. |
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1.6 |
"User Content" means all text, pictures, sound, graphics, video,
links, and other data stored by Users on AI Approach's server computers. |
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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. |
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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. |
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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. |
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2.3 |
Standards. AI Approach's services will conform to
the following: |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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5.3 |
Declined Credit Cards may incur a fee. Returned Checks will
incur a $15.00 service charge. |
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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. |
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5.5 |
Taxes. Customer is solely liable for any taxes or fees payable
for products or services sold by Customer on the Website. |
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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.
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6. Term and Termination. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |