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Website Hosting Agreement

WEBSITE HOSTING AGREEMENT

This Website Hosting Agreement ("Agreement") is entered into as of
,
(the "Effective Date") by and between LAMP Host ("LAMP Host") and
your name here
("Customer"), with reference to the following facts:
RECITALS
  A. LAMP Host is an entity that hosts Internet websites ("Website" or "Websites").
  B. Customer desires to have its Website hosted by LAMP Host.
  C. LAMP Host desires to provide to Customer the service that is more fully described below.
NOW, THEREFORE, in consideration of the promises contained in this Agreement and for good and valuable consideration, the parties agree as follows:
1. Service.
Subject to the terms of this Agreement, LAMP Host agrees to provide the services of product ordered specifically set forth in the Hosting Pages (www.lamphost.com).
2. Term.
The initial term of this Agreement shall be the remainder of the month in which this order is placed. This Agreement shall automatically renew on a monthly basis, unless terminated by either party as set forth in Section 10.
3. Payment.
3.1 Amount of Payment. During the Initial Term, Customer agrees to pay LAMP Host the amount set forth in the Hosting Plan Product Description Page. Hosting fees are prorated for the first month, then billed on a monthly basis. Prices are guaranteed for the Initial Term of the Agreement. Customer acknowledges that prices for any Renewal Term will be at the rates that are being charged by LAMP Host on the first day of the Renewal Term, which prices shall be guaranteed during that Renewal Term. Current pricing shall be posted from time to time on the website of LAMP Host on the Hosting Plan product description page.
3.2 Form and Timing of Payment. Payment shall be made via credit card (Visa, MasterCard) only, with prices and payments in United States dollars. The prorated payment for the Initial Term in the amount set forth in the Hosting Plan Product Description Page will be charged to Customer's credit card on the Effective Date. Thereafter, all other amounts due under the Agreement for any Renewal Term shall be automatically charged to Customer's credit card on the first day of any Renewal Term. Records of all charges shall be set forth in Customer's Control Panel. (Description of Control Panel: www.lamphost.com/about_us/control_panel_demo.php)
3.3 Non-Payment. LAMP Host reserves the right to terminate or withhold the Service if LAMP Host is unable to charge Customer's credit card.
4. Content Control.
Customer shall be solely responsible for creating, managing, linking, editing, reviewing, deleting and otherwise controlling all text, pictures, sound, graphics, video or other data for Customer's Website and all user-generated content which is provided on the Website (collectively, the "Content"). Subject solely to the limitations of this Agreement, Customer has complete control over the Content.
5. Reselling.
Customer is permitted to resell, transfer or assign the Service to third-parties (the "Assignee"), provided that the Assignee acknowledges that it is bound by the terms of this Agreement and Customer provides LAMP Host with evidence of such acknowledgement by the Assignee. No other resale, assignment or transfer of the Service is permitted. Customer covenants that, before Customer resells, transfer or assigns the Service it will provide a copy of this Agreement to and obtain an acknowledgement from the Assignee that it agrees to be bound by the terms of this Agreement.
6. Acceptable Use.
Customer agrees to not use the Service to:
(a) Transmit, upload, post, or otherwise disseminate any Content that is illegal, harmful, violent, abusive, defamatory, harassing, tortious or obscene;
(b) Transmit, upload, post, or otherwise disseminate any Content that invades another's privacy, that encourages or solicits others to engage in illegal activity, contains discriminatory statements, or that harms minors in any way;
(c) Gain inappropriate or unauthorized access to LAMP Host, its servers or accounts, or to disturb or interrupt LAMP Host's services;
(d) Violate the intellectual property rights of another including, but not limited to any patent, trademark, trade secret, copyright or other proprietary rights of another;
(e) Transmit, upload, post, or otherwise disseminate any Content that Customer does not have a right to make available;
(f) Transmit, upload, post, or otherwise disseminate any unsolicited or unauthorized advertising, promotional materials including, but not limited to "spam" or "junk mail";
(g) Transmit, upload, post, or otherwise disseminate any Content that violates any laws or regulations related to export control;
(h) Transmit, upload, post, or otherwise disseminate software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
(i) Utilize the Service to archive or backup software, or as a "warez" Website.
Any violation of this Section should be reported to abuse@lamphost.com.
7. Uploads and Backup.
Customer has the exclusive responsibility to upload the Content directly to the Website. Depending upon the Service selected by Customer described on the Hosting Product Description Page and specified by the Customer on the LAMP Host order form, LAMP Host may backup the Content or any other data that comprises the Website on a daily or weekly basis. However, Customer should ensure that it maintains a complete and current copy of the Website at a location remote from LAMP Host. LAMP Host does not guarantee the availability of any Content or other information that is backed up for Customer. If the Service is terminated LAMP Host will not retain a copy of the Content or any other data that comprises the Website.
8. Ownership Rights and Licenses.
LAMP Host does not claim ownership in either the Content or Customer's domain names. By submitting Content to LAMP Host for inclusion on the Website, Customer grants LAMP Host the world-wide, royalty-free, and non-exclusive license to reproduce, execute, modify, adapt, publish and/or use Customer's domain names, trademarks, service marks, trade names, logos, or other commercial designation for purposes of creating content directories or indexes and for marketing and promoting the Website. This license shall terminate upon the termination of this Agreement.
9. Domain Names.
Customer is solely responsible for obtaining and registering a domain name to use with the Website. LAMP Host will provide Customer with the appropriate name server information and Customer shall be responsible for providing this to the appropriate persons or entities. Customer will also be responsible for any fees, including initial registration and renewal fees, associated with Customer's domain name. Customer will remove LAMP Host's technical contact information or name server information if this Agreement is terminated.
10. Termination.
Customer may cancel the Service at any time by sending notice of cancellation to LAMP Host at the postal or email address identified in Section 19 hereof. The cancellation notice must include the account name and the signature (if in writing) of the primary contact for Customer. Once LAMP Host receives notice of termination from Customer it will send an email to the individual identified by Customer in the initial LAMP Host order form stating that it has received a request to cancel the Service. Customer must confirm the termination by having the individual identified in the the initial LAMP Host order form respond by email to LAMP Host and confirm the cancellation of the Service (the "Confirming Email"). Any cancellation by Customer will not be effective until LAMP Host receives the Confirming Email. In the event of cancellation by Customer, Customer shall not receive any refund of fees paid to LAMP Host if it terminates the Agreement.
LAMP Host may terminate the Service at any time in its discretion. In the event of termination by LAMP Host, Customer's sole remedy shall be a pro-rata refund of the fees that have been pre-paid to LAMP Host. If at the time of the termination by LAMP Host, Customer is in breach of any of the terms of the Agreement, Customer shall have no right to receive any refund of any fees paid to LAMP Host.
11. Disclaimer of Warranty.
LAMP HOST MAKES NO WARRANTY OR ANY REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT IN RELATION TO THE AVAILABILITY, ACCURACY, VALIDITY OR RELIABILITY OF THE SERVICE. THE USE OF THE SERVICE IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
12. Limitation of Liability.
LAMP HOST SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL LOSSES, DAMAGES, LOSS OF GOOD WILL, LOST PROFITS, FOR BUSINESS INTERRUPTION, OR LOSS OF DATA EVEN IF LAMP HOST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH LOSS OR DAMAGE COULD HAVE REASONABLY BEEN FORSEEN BY LAMP HOST. LAMP HOST'S LIABILITY, IF ANY, FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE CANNOT EXCEED THE AMOUNTS PAID TO LAMP HOST BY CUSTOMER.
13. Limitations.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS IN SECTIONS 11 AND 12 MAY NOT APPLY TO YOU. THE LIABILITY OF LAMP HOST WOULD IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
14. Indemnity.
To the greatest extent permitted by law, Customer agrees to indemnify and hold LAMP Host, its parents, subsidiaries, affiliates, officers, agents, partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, due to or arising out of or relating to (i) the Content; (ii) the Website; (iii) the Service; (iv) any resale of the Service by Customer; or (v) any transaction contemplated under the Agreement.
15. Entire Agreement; Amendment.
This Agreement and the exhibits hereto, constitute the entire agreement between LAMP Host and Customer pertaining to the subject matter contained in it. This Agreement supersedes all prior and contemporaneous agreements, representations and understandings of LAMP Host and Customer, whether written or oral, pertaining to the subject matter of this Agreement. No supplement, modification, or amendment of this Agreement shall be binding unless executed in a writing signed by both LAMP Host and Customer expressly stating that modification is intended.
16. No Waiver.
No delay in pursuing any remedy or in insisting upon full performance for any breach or failure of any covenant, condition or promise under this Agreement shall prevent a party from later pursuing any remedies or insisting upon full performance for the same or any similar breach or failure.
17. Governing Law; Venue.
This Agreement has been negotiated and executed in the State of California and shall be interpreted, construed, governed and enforced under and pursuant to the laws of the State of California, without regards to conflict of laws principals. All disputes arising in connection with this Agreement shall be heard only by a court of competent jurisdiction in San Diego County, California.
18. Successors and Assigns.
This Agreement shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective representatives, assigns, and successors.
19. Notices.
Notices to be given pursuant to this Agreement shall be in writing. Any notice given by electronic mail shall be deemed received the day sent to the email address identified below. Any notice sent by United States mail and shall be deemed to have been duly and properly given on the earlier of (a) the date such notice has been received or (b) five (5) days after deposit of such notice in the United States Mail, postage prepaid, addressed to the party at such address as is set forth below:
LAMP Host
PO Box 420177
San Diego, CA 92124-0177
accounts@lamphost.com
Telephone: (619) 825-5987
Facsimile: (707) 897-8399

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