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Home > Legal Notice |
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Host Agreement
1. Definitions.
1.1 "Customer" means the person(s), entity, agents, and authorized representatives accepting this agreement.
1.2 "Content" means all text, pictures, sound, graphics, video, links, and other data stored by Bodhost.co.uk customers on Bodhost.co.uk's server computers.
1.3 "Website" means pages presenting the content stored by Bodhost.co.uk customers on Bodhost.co.uk server computers.
1.4 "User" means Bodhost.co.uk customers as well as global web surfers who log on to any website that is hosted by Bodhost.co.uk.
1.5 "User Content" means all text, pictures, sound, graphics, video, links, and other data stored by users on Bodhost.co.uk's server computers.
1.6 "Confidential Information" is information that Bodhost.co.uk and Bodhost.co.uk customers treat with the utmost confidentiality.
2. Web Hosting.
2.1 Hosting. Bodhost.co.uk will provide dedicated or virtual private servers, 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." Bodhost.co.uk will provide bandwidth and storage. If Customers require additional bandwidth or storage, Bodhost.co.uk will negotiate in good faith to amend this Agreement unless Bodhost.co.uk's servers cannot accommodate the requested bandwidth or storage.
2.2 Website Backup. Bodhost.co.uk utilizes the best mirror backup system in the world and takes every precaution to safeguard customer content. However, Bodhost.co.uk is not responsible for loss of Content or lost User Content. Website backups will be stored by Bodhost.co.uk for no longer than 14 days. Bodhost.co.uk will provide, at Customer's expense, an electronic copy of the backup Website to Customers by written request. Backup systems are intended for disaster recovery, not the restoration of individual files.
2.3 Server Logs. Bodhost.co.uk maintains detailed and accurate server logs at all times. At no charge, Bodhost.co.uk customers may request electronic copies of server files up to a maximum of 30-days of log activity. Bodhost.co.uk reserves the right to charge a reasonable fee for copies of server files in excess of 30-days.
2.4 Standards. Bodhost.co.uk's services conform to the following at all times.
2.4.1 Availability of Website. Bodhost.co.uk will provide hosting services for the Website that meet reasonable commercial standards for, among other matters, packet loss, accessibility, latency, availability, and throughput.
2.4.2 Security. Bodhost.co.uk will take commercially reasonable steps to prevent unauthorized access to the Website, Content, User Content, and Confidential Information stored on Bodhost.co.uk's server computers.
2.4.3 Server/Network Computer Outages. Bodhost.co.uk will do its best to provide advance notice to Bodhost.co.uk customers of any scheduled server computer/network outages.
2.4.4 Disclaimers. Bodhost.co.uk provides no equipment, software, or communication connections to its customers. Bodhost.co.uk makes no representations, warranties, or assurances that the customer's equipment, software, and communication connections will be compatible with Bodhost.co.uk's hardware and services.
3. Ownership of Content.
All Content and User Content stored by Customer on Bodhost.co.uk's server shall at all times remain the property of Customer. Customer grants to Bodhost.co.uk a non-exclusive, worldwide license to the Content and User Content only to the extent necessary for Bodhost.co.uk to host the Website.
4. Content Control.
4.1 Lawful Purpose. Customer will only use Bodhost.co.uk'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 of Exhibit B and any modifications thereof, Bodhost.co.uk's posted Acceptable Use Policy, or any other Bodhost.co.uk policy.
4.2 Remedy for Violation. Should Bodhost.co.uk become aware that Customer has violated Part 4.1, Bodhost.co.uk 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, Bodhost.co.uk 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. Bodhost.co.uk will invoice monthly (unless otherwise agreed in writing), and payment is due fourteen (14) days from invoicing. In the case of credit card payments Bodhost.co.uk will automatically charge Customer Credit Card on file all fees associated with the account on the due date. Bodhost.co.uk may, at its option, charge a 1? % fee for late payments.
5.2 Returned Checks and Declined Credit Cards may incur a fee.
5.3 Account Updates. It is the responsibility of the customer to maintain accurate billing information with Bodhost.co.uk. This may include updated credit card information, email address and mailing address.
5.4 Taxes. Customer is solely liable for any taxes or fees payable for products or services sold by Customer on the Website.
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 on a month-to-month basis until terminated.
6.2 Termination by Customer. During the initial term, Customer may terminate this Agreement upon the material breach of Bodhost.co.uk, if such material breach remains uncured for thirty (30) days following written notice to Bodhost.co.uk. This cure period shall be extended by delay caused by events beyond the control of Bodhost.co.uk including, but not limited to, natural disasters, governmental prohibitions or regulations, viruses that did not result from the acts or omissions of Bodhost.co.uk, or technical faults of Bodhost.co.uk's service providers or vendors. After the initial term, Customer may terminate this Agreement upon thirty (30) days written notice to Bodhost.co.uk.
6.3 Termination by Bodhost.co.uk. Bodhost.co.uk 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 Terms of Service and any written modifications thereof; and violation of any other Bodhost.co.uk policy. Bodhost.co.uk 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, BODHost, AND ITS OWNERS, EMPLOYEES, AFFILIATES, AGENTS, VENDORS, AND THE LIKE, MAKE NO WARRANTY IN CONNECTION WITH BODHost HARDWARE OR SERVICES, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
8. LIMITATION OF LIABILITY.
BODHost, 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 BODHost HARDWARE OR SERVICES. CUSTOMER AGREES THAT ITS SOLE AND EXCLUSIVE REMEDY SHALL BE RETURN OR REDUCTION OF FEES PAYABLE TO BODHost.
9. Customer Indemnity.
Customer shall defend Bodhost.co.uk against any third party claim, action, suit or proceeding arising as a result of Customer's use Bodhost.co.uk's hardware or services and indemnify Bodhost.co.uk for all losses, damages, expenses, and costs incurred by Bodhost.co.uk as a result of a final judgment entered against Bodhost.co.uk 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 California. Both parties agree to submit to personal jurisdiction in Nevada and further agree that any cause of action arising under this Agreement will be brought in a court in Santa Clara County, California.
10.2 Sever-ability 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.
Terms of Service
1. Bodhost.co.uk may only be used for lawful purposes. Customer will not store or provide any Content or User Content that: (a) violates any law or regulation (including, without limitation, export control, consumer fraud, unfair competition, antidiscrimination, gambling, or false advertising laws); (b) is defamatory, trade libelous, unlawfully threatening, or unlawfully harassing; (c) is obscene, child pornographic, or indecent; (d) violates any third party's right of publicity or right of privacy; or (e) contains any IRC application, bots, egg drops, viruses, Trojan horses, worms, time bombs, cancel bots 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. Bodhost.co.uk exercises no control over the Content, User Content, or other information passing through Bodhost.co.uk.
4. Bodhost.co.uk 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 Bodhost.co.uk'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, Bodhost.co.uk's hardware, operating systems or any other computing systems or networks.
7. Customer will not attempt to use IP Address not directly assigned by Bodhost.co.uk 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 Bodhost.co.uk's hardware and services in accord with Bodhost.co.uk's Acceptable Use Policy. The Acceptable Use Policy and any modifications thereof will be posted at Bodhost.co.uk's website at: http://www.bodhosting.com/html/terms_conditions.shtml Customer's continued use of Bodhost.co.uk's hardware and services constitutes Customer's acceptance of the Acceptable Use Policy and any modifications thereof.
9. If Bodhost.co.uk becomes aware of a violation of the Terms of Service, Bodhost.co.uk will investigate and may, in its sole discretion, terminate hosting under the Hosting 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 Bodhost.co.uk's website. Customer's continued use of Bodhost.co.uk's hardware and services after modification of these Terms of Service constitutes Customer's acceptance of the modifications.
11. Customer will require Users and, if Customer is a reseller, repurchases to agree to and abide by these Terms of Service or substantially equivalent terms.
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Copyright © 1999-2008, Bodhost.co.uk(Bodhost Ltd.) All rights reserved.
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