Web Hosting Service Agreement
Prevo Network, LLC (PROVIDER)
Party as specified in the on-line application. (CLIENT)
- Parties. This agreement is between the Prevo Network,LLC (PROVIDER) and the party as specified in the on-line application (CLIENT).
- Space usage. PROVIDER will not restrict the space used by the CLIENT. Our hosting plan includes a pre-specified amount of data storage space. PROVIDER reserves the right to review every account, which uses more than the pre-specified space and to notify such account and/or apply excessive space fees. Failure to make timely payment for an applied excessive space fee to PROVIDER may limit access to and/or terminate the account of the CLIENT. CLIENT agrees to inform PROVIDER in advance if he believes he is going to require and/or use excessive space.
- Bandwidth usage. PROVIDER terms included bandwidth as meaning PROVIDER will not restrict the amount of total bandwidth used by the CLIENT, however an extra fee may be applied against all accounts using more than the maximum published account bandwidth for all domains hosted under the specific hosting plan. Accounts often use less than the published bandwidth allowance per web hosting plan. PROVIDER reserves the right to review accounts using more than the published bandwidth allowance per month and to apply a heavy traffic fee. CLIENT agrees to inform PROVIDER in advance if he believes that the account may have traffic in excess of the published bandwidth allowance. Failure to make timely payment, if required, for an applied heavy traffic fee, PROVIDER may limit access to and/or terminate the account of the CLIENT. Current rate for heavy traffic fee is an average of US$.50 per additional Gigabyte of bandwidth used in blocks of 5 gig, After 3 consecutive months of over usage your account may be automatically be upgraded. Any overages prior to that will be a one time fee.
- Excluded services. PROVIDER will not provide services and can immediately terminate without any compensation or refund if CLIENT web site is involved in one of the following: adult material or sexual content, gambling, illegal material, satanic or hate material, casino sites, search engines, bulk email, spam email, spam scripts, warez sites, child pornography, web cam sites, illegal MP3 file sites, chat scripts, or any web site at PROVIDER's sole discretion, which can abuse storage space, published bandwidth allowance privileges and sites that use excessive server resources, any site using over 50% of the server resources may be terminated. Sites must be viewable by a worldwide audience of all ages. Our service is intended for individual web sites, personal or business. We will do our very best to accomidate you the best we can.
- Hidden directories or files. PROVIDER will not provide services and can immediately terminate existing services without any compensation or refund if a CLIENT web site contains created invisible or hidden directories within their parent directory for the purpose of concealing and providing excluded services. PROVIDER's sole discretion, will prevail in such cases.
- Fees. CLIENT agrees to pay for their hosting service monthly rental cost, heavy traffic fee (if any) and excessive space fee (if any). The first month rental fee is due upon the acceptance and/or signature of this agreement. CLIENT may provide payment to the PROVIDER by credit card or pre-paid certified payment. All fees are payable in USA Dollars. PROVIDER will notify CLIENT if any heavy traffic fee and/or excessive space fee are due.
- Account sharing. PROVIDER agrees account sharing is allowed. CLIENT may share their web space with others or subdivide the web space. A certain amount of multiple domain names are available with one account depending on the package. Additional addon domains will need to be purchased for additional domain names.
- On-line subscription. CLIENT agrees to on-line, paperless subscription for the services. CLIENT acknowledges that all the information he/she submits on-line is true and correct to the best of his/her knowledge. CLIENT agrees that the act of submitting a subscription form on-line is in lieu of his/her signature.
- Price change. PROVIDER has the right to change the price of the services to reflect a change in the cost of the service. In case of price change, PROVIDER will send a 30 day advance notice by regular e-mail only to the CLIENT email address on file.
- Service change. PROVIDER has the right to change facilities where hosting service originates from. This change may reflect a change in the cost of the service. In case of price change, PROVIDER will send a minimum 30 day advance notice by regular e-mail only to the CLIENT email address on file. Accounts in good standing will only be notified of a service change.
- Start of services. Typically within 24 to 48 hours after submission of new web hosting application at PROVIDER's site. Domain name(s) registration and activation is subject to domain Registrar schedules. Service start is also subject to the amount of applications for service received. Technical difficulties may also affect service startup times. CLIENT understands and accepts start up time of services is not guaranteed by the PROVIDER.
- Domain name registration. PROVIDER will host a help page for the purpose of assisting with domain name registration and/or transfer data to the CLIENT for information as required by the registration authority (RA). CLIENT will list themselves as Billing and Administrative contact in their domain application. PROVIDER is to be listed as the Technical contact for the domain. CLIENT agrees to pay all fees related to the PROVIDER for registration and support of their domain name. CLIENT understands that non-payment of said fees may result in non-visibility of their web site and/or losing the selected name. PROVIDER does NOT charge a separate fee to the CLIENT for information assistance with domain registration.
- Quality of Services. The PROVIDER or agent's of the PROVIDER or any other entities engaged in a business alliance with the PROVIDER will make their best efforts to provide quality and uninterrupted services, although this is NOT guaranteed. PROVIDER will NOT be responsible for any damages a service interruption may cause to the Client. Further, PROVIDER will not censor any content on INTERNET. It will be CLIENT's responsibility for the usage of their account and any consequences of their use.
- Support. CLIENT understands that PROVIDERS web hosting plan is designed to provide quality services at a discounted price. Technical support beyond initial set up support is excluded from our prices. PROVIDER will offer notification of system updates and helpful assistance with the web hosting plan using client information pages located on the website of the PROVIDER at www.prevo.net, however, live telephone support, e-mail support or technical support of any kind beyond the provided initial set up support, may be offered and/or available only under a separate paid support agreement.
- Contacting the Prevo Network. CLIENT will contact PROVIDER using email only. This is to facilitate efficient and prompt contacts between the CLIENT and the PROVIDER using information assisting us to validate the contact and verification of identify of the CLIENT. We request that contact by phone be for extreme purposes only, by calling (586) 207-PNET(7638). Reponses to voice mail may be either by email or phone.
- Payment Due. CLIENT agrees payment is DUE ON THE ACCOUNT RENEWAL DATE. The Account Renewal Date is monthly, every 30 days from the first day registered and paid using our online billing system. The CLIENT agrees PROVIDER will continue to re-bill the CLIENT on each subsequent account renewal date each calendar month for hosting space rental. This re-billing will occur on or about every thirty (30) days thereafter. Your credit card statement will show this monthly billing for your web space rental from: PREVO, NETWORK, THE. This only applies to customers who wish to have their credit card billed. It does not pertain to customers who pay by certified check or money order.
- Payment Method. CLIENT agrees his/her payment will be payable using either:
1) a major credit card to be charged as specified. We currently accept credit card/debit payment using: Visa, Mastercard, American Express, Discover, JCB, Diner’s Clubs. (* Visa/Mastercard are the only accepted debit cards)
2) A payment instrument such as a personal check, certified check or commercial money order.
All payments and charges are in USA Dollars and certified payments are payable to "Prevo Network, LLC" All checks are to be sent to...
13335 Fifteen Mile Rd. Suite #156
Sterling Heights, MI 48312-4271
Please include domain name on certified check or money order.
- Non Payment. CLIENT agrees to provide updated credit card information on-line as may be requested in case his/her card is declined. CLIENT understands that non-payment can result in an automatic "hold" and/or "deletion" of his/her web hosting account on or after the Account Renewal Date. "Hold" is hereby defined as a period the web site may not be accessible. "Deletion" is hereby defined as the removal of all CLIENT's stored files and data from the servers. The account may be "reactivated" after owed payment in full is received, however, the CLIENT may be required to re-upload all web data and web site files to their "reactivated" web hosting account if deleted. The CLIENT agrees to at all times maintain a full backup copy of all web data and web site files at a separate location other than PROVIDER's servers. Backing up important CLIENT files and data and uploading such to the servers is the responsibility of the CLIENT. In the event your account is unpaid for a period of sixty (60) days, the PROVIDER reserves the right to turn account over to collection and assess a $15 collection fee.
- Late Payment. CLIENT agrees a penalty may be required for a declined credit card payment in order to continue as a client. Failure to stay in good standing may result in the cancellation of your account and of your automatic ibill monthly billing privileges. An annual payment may then be required to continue as a web hosting client.
- Satisfaction Guarantee. PROVIDER wishes to promote the satisfaction of the CLIENT. For that purpose a no risk period of 45 calendar days is available to the CLIENT for most of the services available for sale by the PROVIDER. The CLIENT within 60 days only of the same calendar month as the initial application was received by the PROVIDER if unsatisfied with the hosting service may request a refund of any actual hosting or virtual server fee paid by submitting a ticket in the client account area. After the initial 45 day satisfaction guarantee period has elapsed then ALL SALES ARE CONSIDERED FINAL. Fees paid to a Registration authority for registration are not refundable. Any other fees beyond the actual hosting fees are not covered by the terms of this Satisfaction Guarantee.
- Account Cancellation. CLIENT may submit a cancellation by submitting a ticket in the client account area to the PROVIDER. In the ticket please provide you User ID #, username, password and domain name.
- Lawful use of INTERNET. CLIENT agrees to use INTERNET in accordance with the laws of Canada and of the United States and with the ethical rules established or to be set up in the future by the PROVIDER and/or other governing agencies.
- LIMITED LIABILITY. PROVIDER or AGENTS or SERVER PROVIDERS or similar entities shall not be liable under any circumstances for any special, consequential, incidental or exemplary damages arising out of or in any way connected with this agreement or the product, including but not limited to damages for lost profits, loss of use, lost data, phone bills, communication lines bills, loss of privacy, damages to third party even if PROVIDER or others have been advised of the possibility of such damages. The foregoing limitation of liability shall apply whether any claims based upon principles of contract, warranty, negligence or other tort, breach of any statutory duty, principles of indemnity or contribution, the failure of any limited or exclusive remedy to achieve its essential purpose or otherwise. Further, PROVIDER will not censor any content on the INTERNET. It will be CLIENT's responsibility for the usage of his/her account and any consequences of this usage are the CLIENT's responsibility.
- Keep harmless. CLIENT agrees to keep and hold PROVIDER harmless if CLIENT's actions or non-actions on the INTERNET create any legal responsibilities.
- Waiver. Performance of any obligation required of a party there under may be waived only by a written waiver signed by the other party, which waiver shall be effective only with respect to the specific obligation described therein. The waiver by either party hereto of a breach of any provision of this Agreement by the other shall not operate or be construed as a waiver of any subsequent breach of the same provision or any other provision of this Agreement.
- Security and Integrity of Information. Although PROVIDER or SERVER PROVIDER implements current technology for information protection there is no guarantee that any information on the Internet is absolutely secure or never may be destroyed. CLIENT agrees to hold the PROVIDER or SERVER PROVIDER harmless in case of loss of information and/or loss of privacy regardless of reason or cause. PROVIDER does not rent or sell our CLIENT listings. In the event of a loss, it is suggested that the CLIENT keep a current back up of their site. PROVIDER tries their best to provide no loss but this is not a guarantee.
- Entire Agreement. This Agreement constitutes the entire understanding and contract between the parties and supersedes any and all prior and contemporaneous, oral or written representations, communications, understandings and agreements between the parties with respect to the subject matter hereof, all of which representations, communications, understandings and agreements are hereby canceled to the extent they are not specifically merged herein. The parties acknowledge and agree that neither of the parties is entering into this Agreement on the basis of any representations or promises not expressly contained herein.
- Modification. This Agreement may be modified, amended, canceled or altered, and it may be modified by custom and usage of trade or course of dealing. Both of the parties hereto agree to such modification by the PROVIDER. The PROVIDER'S web site will show a notice informing: All web hosting is subject to the Web Hosting Service Agreement. Subject To Changes. E. & O. E.
- Severability. If any provision of this Agreement shall be unlawful, void, or for any reason, unenforceable, it shall be deemed severable from, and shall in no way affect the validity or enforceability of, the remaining provisions of this Agreement, which shall remain valid and enforceable according to its terms.
- Authority to Execute. Each of the parties to this Agreement represents and warrants that it has full power to enter into this Agreement and that it hasn't assigned, encumbered, or in any manner transferred all or any portion of the claims covered by this Agreement.
- Benefit of Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of each of the parties hereto, and except as otherwise provided herein, their respective legal successors and permitted assigns.
- Cumulative Remedies. Except as specifically provided herein, no remedy made available to either party hereunder is intended to be exclusive of any other remedy provided hereunder or available at law or in equity.
- No Partnership or Agency. Nothing in this Agreement shall be construed as creating a joint venture, partnership, agency, employment relationship, franchise relationship or taxable entity between the parties, nor shall either party have the right, power or authority to create any obligations or duty, express or implied, on behalf of the other party hereto, it being understood that the PROVIDER and SERVICE PROVIDER and CLIENT and/or other parties are all independent contractors.
- Gender. Where the context so requires, the masculine gender shall include the feminine or neuter, and the singular shall include the plural and the plural the singular.
- Alliances. It is understood the PROVIDER may enter into contracted or non contracted business relationships or strategic alliances with other provider's of services or technical services from time to time. The PROVIDER may act as a broker or value added reseller of services to the CLIENT. The CLIENT acknowledges acceptance of such alliances with their purchase of web hosting services from the PROVIDER.
- No Third Party Beneficiaries. Nothing contained in this Agreement, express or implied, shall be deemed to confer any rights or remedies upon, nor obligate any of the parties hereto, to any person or entity other than such parties, unless so stated to the contrary.
- Excused Performances. PROVIDER shall not be deemed to be in default of or to have breached any provision of this Agreement as a result of any delay, failure in performance or interruption of the Services, resulting directly or indirectly from acts of God, acts of civil or military authority, civil disturbance, war, strikes or other labor disputes and disturbances, fire, transportation contingencies, shortages of facilities, equipment changes or system updates, fuel, energy, labor or software or materials, or laws, regulations, acts or order of any government agency or official thereof, other catastrophes, or any other circumstances beyond PROVIDER's reasonable control. In the event of any such delay or failure, performance of the Services shall be deferred to a date and time mutually agreeable by all of the parties.
- Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
- Captions. The section headings and captions contained herein are for reference purposes and convenience only and shall not in any way affect the meaning or interpretation of this Agreement.
- Recitals. The recitals above set forth are incorporated herein by reference.
The Prevo Network. (PROVIDER)
Party as specified in the on-line application. (CLIENT)
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