Support Data Inc Website Hosting Terms and Conditions
Revision Date: September 19th 2013
This Hosting Agreement governs your purchase and use, in any manner, of all Web site hosting, ordered by you and accepted by Support Data Inc and describes the terms and conditions that apply to such purchase and use of the Services. YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN. Support Data Inc reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. Support Data Inc may make changes or modifications to referenced policies and guidelines without notice to you. Your continued use of the Services following Support Data Inc's posting of any changes or modifications will constitute your acceptance of such changes or modifications.
- Payment. As consideration for Support Data Inc providing the Hosting Services hereunder, Customer agrees to pay Support Data Inc the aggregate monthly or annual fee based on the monthly or annual hosting services and the terms selected. Unless otherwise agreed to in writing, this contract constitutes a minimum 12-month commitment to hosting, after which the hosting contract will be automatically renewed on a month-to-month or annual basis depending on how the hosting plan was originally ordered by the customer. Site owner must notify Support Data Inc in writing, either by email or by regular mail, of the termination to this contract 14 days before the next renewal date. Hosting fees will be automatically billed to the credit card provided within 10 days of the anniversary date of the hosting contract. Decline of the credit card payment will result in interruption of hosting until payment is received. Hosting fees paid in advance are non-refundable, non-transferable and due in advance of hosting contract. Monthly hosting plans may only be paid with a credit card on file. If you wish to pay by check, we offer several annual packages with the 12th month free.
- Provision of Services. Support Data Inc will provide Customer with the Services ordered that are described in the Hosting Package Features elsewhere in this document. Customer understands and agrees that Support Data Inc will host and create the Web site solely in accordance with the information provided by Customer.
- Rights to the Web Site and Content. With the exception of any Third-Party Materials and Background Technology as set forth in Section 4, Customer owns the Customer Content. "Customer Content" means all content or information (including, without limitation, any text, music, sound, photographs, video, graphics, data, or software), in any medium, provided by Customer to Support Data Inc. "Third-Party Materials" means any content, software, or other computer programming material that is owned by an entity other than Support Data Inc, and licensed by Support Data Inc or generally available to the public, including Customer, under published licensing terms, and that Support Data Inc will use to display or run a Web site. Support Data Inc owns the rights to the design of the web site. If a customer stops paying the monthly fee for the web site upon cancellation the customer is not entitled to use the web site for any purposes whatsoever.
- Limited License to the Background Technology. "Background Technology" means computer programming/formatting code or operating instructions developed by or for Support Data Inc and used to host or operate the Web site or a Web server in connection with a Web site. Background Technology includes, but is not limited to, any files necessary to make forms, buttons, checkboxes, and similar functions and underlying technology or components, such as style sheets, animation templates, interface programs that link multimedia and other programs, customized graphics manipulation engines, and menu utilities, whether in database form or dynamically driven. Background Technology does not include any Customer Content. Customer may not duplicate or distribute any Background Technology to any third party without the prior written consent of Support Data Inc. All rights to the Background Technology not expressly granted to Customer hereunder are retained by Support Data Inc. Without limiting the foregoing, Customer agrees not to reverse-engineer, reverse-assemble, decompile, or otherwise attempt to derive any source code of the Background Technology, except as allowed by law.
- Limited License to Content. Customer hereby grants to Support Data Inc the limited, nonexclusive right and license to copy, distribute, transmit, display, perform, create derivative works from, modify, and otherwise use and exploit Web site, any Customer Content, or any Customer Marks provided to Support Data Inc hereunder, solely for the purpose of rendering Support Data Inc's Services under this Agreement. Such limited right and license shall extend to no other materials or for any other purpose and will terminate automatically upon termination of this Agreement for any reason.
- Content Standards. Customer agrees not to provide Customer Content, and Support Data Inc will not intentionally provide to Customers any content, that (a) infringes on any third party's intellectual property or publicity/privacy rights; (b) violates any applicable law or regulation; (c) is defamatory, violent, clearly harmful, or obscene or pornographic or infringes on citizens' rights; or (d) contains any viruses, Trojan horses, worms, time bombs, cancel bots, or other computer programming routines that are intended to damage or interfere with any system, data, or personal information. If Customer is international, then Customer agrees to comply with all applicable local and national laws. Support Data Inc reserves the right to refuse any other subject matter it deems inappropriate.
- Support. Support Data Inc agrees to provide reasonable technical support by email to Customer during Support Data Inc's normal technical support hours. Support Data Inc will provide customer support by telephone if the customer purchased telephonic support time.
- Term and Termination. (a) This Agreement is effective as of the Effective Date and shall continue unless terminated; (b) Support Data Inc may terminate this Agreement if Customer materially breaches this Agreement, including, without limitation, failure to pay, and fails to cure such breach during such five (5) day period; and (c) upon the termination of this Agreement, Customer will pay Support Data Inc for all Services provided to Customer by Support Data Inc prior to termination. Site owner must notify Support Data Inc in writing, either by email or by regular mail, of the termination to this contract 14 days before the next renewal date. Hosting fees will be automatically billed to the credit card provided within 10 days of the anniversary date of the hosting contract. *NOTE: Once an account is terminated, all files, databases, email accounts and backups are automatically securely scrubbed and will be unretrievable unless other arrangements are made such as data storage. Please make sure that you make a proper backup of all your data before the termination date and suggest that backups are made on a regular bases. This is offered in the cPanel portion of your account. We do not assist in transferring to outside hosting services. Decline of the credit card payment will result in interruption of hosting until payment is received. Hosting fees paid in advance are non-refundable, non-transferable and due in advance of hosting contract.
- Warranty Disclaimer. Except as expressly provided in this Agreement, the Services are provided "as is," and Support Data Inc expressly disclaims all warranties and conditions of any kind, express, implied, or statutory, including, without limitation, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose. Interruption of Service: You hereby acknowledge and agree that Support Data Inc will not be liable for any temporary delay, outages or interruptions of the Services. Each party acknowledges that it has not entered into this Agreement in reliance upon any warranty or representation except those specifically set forth herein. Unless an approval process is specified herein or in a Statement, all Hosting provided by Support Data Inc to a Customer will be deemed accepted when delivered.
- Indemnity. (a) Customer Indemnity. Customer will defend Support Data Inc against any third-party claim, action, suit, or proceeding alleging any breach of the covenants contained in Section. Subject to Section 11, Customer shall indemnify Support Data Inc for all losses, damages, liabilities, and all reasonable expenses and costs incurred by Support Data Inc as a result of any such third-party claim, action, suit, or proceeding. (b) Support Data Inc's Indemnity. Support Data Inc will defend Customer against any third-party claim, action, suit, or proceeding alleging any breach of the covenants contained in Section 6. Subject to Section 11, Support Data Inc shall indemnify Customer for all losses, damages, liabilities, and all reasonable expenses and costs incurred by Customer as a result of any such third party claim, action, suit, or proceeding. (c) Mechanics of Indemnity. The indemnifying party's obligations are conditioned upon the indemnified party: (i) giving the indemnifying party prompt, written notice of any claim, action, suit, or proceeding for which the indemnified party is seeking indemnity; (ii) granting control of the defense and settlement to the indemnifying party; and (iii) reasonably cooperating with the indemnifying party at the indemnifying party's expense.
- Domain Agreement. If you are registering or transferring a domain name you must also agree to the Domain Name Registration Agreement.
- Domain Renewal pricing. Domains shall be renewed at the same price as new registrations. The current pricing is displayed on our website.
- Domain renewal Reminders. Domain renewal reminders will be sent in advance of expiration via email to the address stored in your client area.
- Redemption Period. Should an expired domain enter the redemption period, the cost of restoring the domain shall be no more than $100.
- Limitation of Liability. SUPPORT DATA INC'S LIABILITY HEREUNDER SHALL NOT EXCEED THE AMOUNT PAID BY CUSTOMER TO SUPPORT DATA INC DURING THE THREE (3) MONTH PERIOD BEFORE THE ACTION AROSE. SUPPORT DATA INC SHALL NOT BE LIABLE FOR (A) ANY LOSS OF USE, LOSS OF DATA, OR INTERRUPTION OF BUSINESS OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), REGARDLESS OF THE FORM OR ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF SUPPORT DATA INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ACKNOWLEDGES THAT THESE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND ABSENT SUCH LIMITATIONS, SUPPORT DATA INC WOULD NOT ENTER INTO THIS AGREEMENT.