Hosting Service Agreement
Updated March 8th, 2013
The following Agreement is between WANSecurity, Inc. (“WANSecurity”) of Corporate Woods Area 51, #500 Overland Park, KS 6621 and You (“Customer”) WHEREAS, WANSecurity is an Internet Service Provider offering server collocation, remote backup, web hosting, storage and transfer of both personal and private documents and other information over the Internet; WHEREAS, Customer seeks to use these servers for its own purposes; WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, WANSecurity can make no guarantee that any given party shall be able to access the server made available by WANSecurity at any given time. WANSecurity represents that it shall in good faith, make every effort to ensure that the service is available with the greatest possible uptime; NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;
- Financial Arrangements
Length of service
Customer agrees to an initial (1) one month, three (3) month, six (6) month, or twelve (12) month contractual term of service (“Term”). The length of contract required is based on the type of service desired by the Customer and shall be determined solely by WANSecurity.
Service start date
The first payment plus setup charges, if any, shall be due in advance of any service provided. Service shall begin upon WANSecurity's receipt of signed Agreement, and payment for such first Term of service or upon a mutually agreed upon other date.
Renewal by Customer
This agreement will automatically renew for successive three (3) or six (6) month Terms unless canceled in writing by Customer at least 30 days prior to the end of Term renewal date. Renewal prices are subject to change. Renewal of services by Customer indicates agreement to any Contract revisions and price changes.
- In the case of a web site hosted on a WANSecurity hosting server, failure of Customer to remit payment to WANSecurity by the invoice due date is cause for removal of the Customer's web site files from the WANSecurity hosting server. Customer agrees that WANSecurity shall not be held liable for such removal or disconnection.
- In the case of a customer's co-located server, failure of a Customer to remit payment to WANSecurity by the invoice due date is cause for the server to be disconnected from the WANSecurity network and unplugged without further notification by WANSecurity. Customer agrees that WANSecurity shall not be held liable for such removal or disconnection. Disconnected customer-owned equipment shall be returned to the customer only upon full payment of outstanding invoices, less any credits due based on our Refund Policy, below. WANSecurity shall not be held responsible for such equipment when held in such disconnected/unplugged fashion for over sixty days, after which the equipment will be deemed to be abandoned by the customer.
- As detailed above, cancellation by Customer must be in writing with 30 days notice.
- Setup charges are not refundable under any circumstances.
- The first Term of service is not refundable under any circumstances.
- Refunds of renewal fees paid to WANSecurity shall only be made for fully unused calendar months of service that the Customer desires to cancel.
- Customer shall not be entitled to any refund of any monies under any circumstances should this agreement be terminated due to a violation of the WANSecurity Policies and Terms of Service Agreement located at: Terms of Service Agreement
WANSecurity shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made by Customer or WANSecurity's server. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.
Material and Products
WANSecurity will exercise no control whatsoever over the content of the information passing through the network except for what is noted in section IX of this agreement, relating to Lawful Purpose, and with respect to the WANSecurity Policies and Terms Of Service Agreement located at http://www.wansecurity.com/legal/ToS
WANSecurity makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. WANSecurity also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of WANSecurity is at the Customer's own risk, and WANSecurity specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of an end-to-end connection. WANSecurity does not represent guarantees of speed or availability of end-to-end connections. WANSecurity expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. WANSecurity specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
Trademarks & Copyrights
Customer warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service.
Customer certifies that he or she is of full legal age to enter into this agreement.
WANSecurity takes Network and Internet security and Network Availability very seriously.
Customer agrees to all terms in the WANSecurity Policies and Terms of Service Agreement
- WANSecurity network resources used by Customer may not be used to impersonate another person or misrepresent authorization to act on behalf of others or WANSecurity. All messages, packets, document, and data of any kind transmitted by Customer should correctly identify the sender. Users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access.
- Customer may not under any circumstances, unless notified in writing by WANSecurity, use bulk mailing services, or participate in a bulk mailing service of any kind whether Solicited, Opt-In, or Unsolicited on, or in relation to WANSecurity network.
- Customer may not under any circumstances send UCE (Unsolicited Commercial Email) or Unsolicited Email of any sort to any individual, corporation or entity of any sort on or off of WANSecurity network.
- Customer acknowledges that sending unsolicited email of any sort leaves the WANSecurity network subject to blacklisting and other forms of service revocation or Denial of Service. Customer agrees to pay damages to WANSecurity for any such revocation of service due to Customers' failure to comply with the terms of this Agreement.
- Failure to comply with WANSecurity email policy is grounds for immediate termination of this agreement, and additional charges for damages suffered by WANSecurity.
- WANSecurity does not allow the storage, sale, or proxy of any pornographic material of any kind on it's servers, or network. Failure to comply with this policy is grounds for immediate termination.
- WANSecurity does not allow the storage, sale, or proxy of any gambling related services or games of any kind on it's servers, or network. Failure to comply with this policy is grounds for immediate termination.
- This Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice. Written notice may be via postal mail, or fax transmission. WANSecurity reserves the right to verify all cancellations before terminating service. Notwithstanding the above, WANSecurity may terminate service under this Agreement at any time, without penalty, if the Customer fails to comply with any of the terms of this Agreement.
- Termination for any violation of the WANSecurity Policies and Terms of Service Agreement shall be immediate. WANSecurity may, at its option, cancel or suspend service immediately should it believe Customer has violated or is about to violate the WANSecurity Terms of Service agreement located at http://www.wansecurity.com/legal/ToS, or should the Customer fail to remit payment to WANSecurity by the Customer's invoice due date.
- Customer will be liable for certain fees and damages relating to termination when such termination is due to Unsolicited Commercial E-Mail. Such fees are outlined in the WANSecurity Policies and Terms of Service Agreement.
Notice of cancellation
Written notice of cancellation may be by postal mail, or fax transmission.
- Customer expressly agrees that use of the Server and Services offered by WANSecurity is at Customer's sole risk. Neither WANSecurity, its employees, affiliates, agents, merchants licensers or the like, warrant that the Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the WANSecurity Server Service Agreement.
- Under no circumstances, including negligence, shall WANSecurity, its offices, agents or anyone else involved in creating, producing or distributing WANSecurity's services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use WANSecurity services; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to Natural Disaster (Commonly referred to as acts of God), communication failure, theft, destruction or unauthorized access to WANSecurity's records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on WANSecurity's Server service.
- Notwithstanding the above, Customer's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Customer paid during the first term of this Agreement.
Customer may only use WANSecurity's Server service for lawful purposes. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secrets.
Customer agrees that it shall defend, indemnify, save and hold WANSecurity harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees asserted against WANSecurity, its agents, its customers, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless WANSecurity against Liabilities arising out of any of the following:
Domain Name Ownership, Disputes, and Use
- any injury to person or property caused by any products sold or otherwise distributed in connection with WANSecurity's service;
- any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party;
- copyright infringement; and
- any defective product which Customer sold on the Services offered by WANSecurity.
Any domain name registered by WANSecurity on behalf of Customer is the property of said Customer after the Customer has paid WANSecurity any registration fees that WANSecurity has incurred on behalf of the Customer. WANSecurity claims no ownership over Customer domain names that the Customer has paid to register. At its option, WANSecurity will either arrange for any billing for names registered by WANSecurity on behalf of Customer to be sent directly by the registrar or agent thereof to the Customer, or WANSecurity will directly bill the Customer for these registration fees plus applicable expenses, and/or service charges, if any.
Customer agrees that WANSecurity may be presented with information that Customer's domain name possibly violates the trademark rights or other intellectual property rights of a trademark or other intellectual property rights owner. In case of such action, Customer agrees to the following:
- Customer agrees to hold WANSecurity harmless of any action taken by such owner regardless of the outcome of such dispute and regardless of whether Domain Name Service hosting for Customer's domain is hosted at or continued to be hosted at WANSecurity.
- Customer agrees that WANSecurity has the right to discontinue name service in the event of such dispute over a Customer's domain name.
- Customer agrees that should WANSecurity discontinue name service for Customer's domain upon notification of such dispute that that WANSecurity will not be liable for any loss of business, interruption of business, loss of Customer's domain name, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if WANSecurity has been advised of the possibility of such damages.
- In no event shall WANSecurity's maximum liability exceed one hundred ($100.00) dollars.
Customer agrees that a WANSecurity contact person shall be named as the "technical or zone contact" for any domains hosted at WANSecurity. Customer agrees that WANSecurity may create and use network resources using the Customer's domain name for administrative, testing, and network infrastructure enhancement purposes.
Revisions to this Contract will be considered agreed to by the Customer on renewal of WANSecurity Services as specified in Section I. Financial Arrangements.
This Agreement and WANSecurity Policies and Terms of Service Agreement constitute the entire Agreement and understanding of the parties. Any changes or modifications to this Contract are agreed to by the parties upon renewal of services.
This Agreement shall be governed and construed in accordance with the laws of the State of Kansas.