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IT, web, Internet, software, hardware, media, multimedia, photography, tech, information, technology, computer, business, company, pre-written, legal, contract, agreement, documents, templates, boilerplate, form, outline, text, terms, recitals site, website, hosting account, pop EMAIL HOSTING AGREEMENT SHARED SERVER THIS AGREEMENT made this CurrentDay day CurrentMonth CurrentYear and between Company Company and CustCompany Customer The purpose this Agreement hereafter referred the Agreement set forth contract arrangement under which Company will provide Email Hosting services Shared Email Hosting Services behalf Customer Agreements consideration the mutual covenants set forth this Agreement Company and Customer hereby agree follows Terms Subject the terms and conditions this Agreement Company will provide Shared Email Hosting Services for Customer subject the following terms Length Service Customer agrees initial six month twelve month contractual term service Term The length contract required based the type service desired Customer and shall determined solely Company Service Start Date The first payment plus setup charges any shall due advance any service provided Service shall begin upon Company receipt payment for such first term service upon mutually agreed upon alternate date Renewal Customer This Agreement will automatically renew for successive six twelve month terms unless canceled writing Customer least days prior the end term renewal date Renewal prices are subject change Renewal services Customer indicates agreement any contract revisions and price changes Renewal fees for the following term will automatically invoiced Customer account Type Service This service agreement provides shared email server using Insert Mail Server Type Description and includes Web Mail email accounts are accessible through web browser well POP SMTP IMAP protocols for sending and receiving email from desktop email client Customer will share server space with other domains and not have exclusive right reservation the resources and disk space that the server may have available Limitations Service Company not responsible for training Customer Customer employees the use their respective email clients Company not responsible for troubleshooting email problems not directly related the Shared Email Hosting Services and the Company equipment facilities servers Company not responsible for maintaining and renewing Customer domain name records other DNS related functions Customer domain name not hosted the Company Company not responsible for Customer domain being listed any third party blacklist suppression list not under Company direct control Company not responsible for troubleshooting correcting any problem with Customer being able send receive email from third party due blacklists suppression lists third party software firewalls network security settings any other factor not directly under Company control End User Pricing and Shared Email Hosting Services Compensation End user pricing and Shared Email Hosting Services compensation outlined Exhibit attached and subject change the sole discretion Company Excessive Use Services Company may impose additional charge restriction services any time that Customer use the Shared Email Hosting Services imposes considerable effect Company resources system performance Company shall have sole discretion what constitutes excessive use and what activity considered violation either the Company Acceptable Use Policy level service that the Customer currently using Company responsible for monitoring such excessive use for the account whole and has responsibility identify Customer individual end user employee other agent who may may not responsible for the excessive use services Terms Payment Terms payment are unless credit approval has been granted Company credit approval has been granted credit terms are net days upon receipt invoice reserve the right revoke any credit extended payment arrears for more than days Proprietary Information Proprietary information exchanged here under shall treated such Customer This information shall include but not limited the provisions this Agreement product and services information and pricing Customer further agrees not decompose disassemble decode reverse engineer any Company program code technology delivered Customer any portion thereof Censorship Company will exercise control whatsoever over the content the information passing through the network email web site Warranties Company makes warranties representations any kind whether expressed implied for the service providing Company also disclaims any warranty merchantability fitness for any particular purpose and will not responsible for any damages that may suffered Customer including loss data resulting from delays non deliveries service interruptions any cause errors omissions Customer Use any information obtained way Company Customer own risk and Company specifically denies any responsibility for the accuracy quality information obtained through its services Connection speed represents the speed end end connection Company does not represent guarantees speed availability end end connections Company expressly limits its damages Customer for any non accessibility time other down time the pro rata monthly charge during the system unavailability Company specifically denies any responsibilities for any damages arising consequence such unavailability Shared Email Hosting Services Disclaimer Company not responsible for the actions other Customers may place the Shared Email Hosting Services server any other resource that the Customer may use Company will make every effort ensure that all Customers abide the Company Acceptable Use Policy AUP and will periodically review Customer activity order ensure compliancy with the AUP Antivirus Trojan and Malicious Code Disclaimer Company email servers make use enterprise class antivirus software order protect the server and detect virus infected email messages Infected email messages will handled per Company policy and preferences prior the customer receiving the messages Additional antivirus options are available and the Customer may configure these options for inbound and outbound email antivirus scanning their Shared Email Hosting Services control panel Due the nature virus trojan and other malicious code dangers Company makes warranty that these features will detect delete otherwise protect Customer from these dangers Customer responsible for implementing their own internal policies and procedures for opening potentially dangerous attachments and encouraged install antivirus software all access points computers using Company Shared Email Hosting Services Trademarks and Copyrighted Material Customer warrants that has the right use any applicable trademarks copyrighted material used connection with this service Transfer Agreement Customer may not assign transfer this Agreement whole part without the prior written consent Company the event that Customer contemplates whole partial sale its business ownership change change jurisdiction Customer shall notify Company mail facsimile email less than days prior the effective date the event Termination Company may terminate this Agreement its sole discretion upon the occurrence one more the following events failure comply with any provisions this Agreement the Acceptable Use Policy upon receipt written notice from Company said failure appointment receiver upon the filing any application Customer seeking relief from creditors upon mutual agreement writing Company and Customer Account Deactivation Termination Cancellation Upon account deactivation termination deletion all stored files logs email messages attachments address book entries mailing lists other data stored Company servers will immediately deleted immediately Company has obligation responsibility store Customer data after Customer account has been deactivated terminated Disputes legal proceedings are commenced resolve dispute arising out relating this Agreement the prevailing party shall entitled recover all costs legal fees and expert witness fees well any costs legal fees connection with any appeals Indemnification Customer shall indemnify and hold Company harmless from and against any and all claims judgments awards costs expenses damages and liabilities including reasonable attorney fees whatsoever kind and nature that may asserted granted imposed against Company directly indirectly arising from connection with Customer marketing support services the product services the unauthorized representation the product and services any breach this Agreement Customer General any provision this Agreement held unenforceable the enforceability the remaining provisions shall way affected impaired thereby This Agreement shall governed and construed accordance with the laws the State State Exclusive jurisdiction and venue shall the County County State Superior Court failure any party exercise delay exercising right power conferred upon this Agreement shall not operate waiver any such right power The parties represent and warrant that the date first written above they are authorized enter into this Agreement its entirety and duly bind their respective principals their signature below EXECUTED the date first written above CustCompany signator authorized signature signer Job title signator authorized signature signer Date when the contact was signed Company signator authorized signature signer Job title signator authorized signature signer Date when the contact was signed Customer Initials Company Initials
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