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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 server DEDICATED WEB HOSTING AGREEMENT 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 long term contract arrangement under which Company will provide Dedicated Web Hosting services behalf Customer Definitions Dedicated shall mean single server servers that Customer has exclusive use Shared Hosting shall mean single server servers that Customer shares with other third parties Services shall mean all actions support work otherwise performed Company under this Agreement Server Type shall mean the Server Model Operating System Processor Speed Amount Memory and all related information concerning the server Bandwidth shall mean all metered measured Internet traffic inbound outbound from server Disk Space shall mean all physical hard drive space allocated under the Hosting Specifications Service Level shall mean the agreed upon plan that outlines the amount ongoing and routine maintenance upgrades patches monitoring other support for the server Support Level shall mean the agreed upon plan that outlines the amount help and assistance Company provides Customer Hosting Specifications shall mean the document that specifies the amount bandwidth disk space memory connectivity service level support level and server type Required Resources shall mean all disk space software hardware services directly affecting required for providing Dedicated Web Hosting services and set aside subtracted from any amounts listed under Hosting Specifications Available Resources shall mean the sum total Required Resources deducted from the Hosting Specifications Customer Users shall mean all individuals agents vendors customers other third parties that Customer grants access Company resources Acceptable Use Policy shall mean the Terms and Conditions that Customer and any Customer Users must abide Agreements consideration the mutual covenants set forth this Agreement Customer and Company hereby agree follows service the standard Dedicated Web Hosting Agreement with Company provided below Service Subject the terms and conditions this Agreement Company will provide Dedicated Web 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 thirty 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 Compensation End User Pricing and Web Hosting Compensation outlined Exhibit attached and subject change the sole discretion Company Payment Terms payment are unless Company has granted credit approval credit approval has been granted credit terms are net ten days upon receipt invoice Company reserves the right revoke any credit extended payment arrears for more than thirty days Proprietary information Proprietary information exchanged hereunder 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 data Company will exercise control whatsoever over the content the information passing through the network email web site Customer agrees abide Company Acceptable Use Policy AUP attached hereafter Exhibit and make Company AUP available all Customer Users and take full responsibility for Customer Users use the services provided Customer Company 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 Trademarks and copyrights Customer warrants that has the right use any applicable trademarks copyrighted material used connection with this service Transfer 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 sixty 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 the Agreement upon receipt written notice from Company said failure appointment Receiver the filing any application Customer seeking relief from creditors mutual agreement writing Company and Customer 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 and any disputes arising hereunder shall governed the laws State State 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 signatures 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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