724 Hosting- Customer Agreement for Internet Web Hosting Services
This is a contract. Please read it carefully.
724 Hosting is an Internet Web Hosting Service Provider operated by 724 Incorporated and a party to this Agreement. The person whose signature appears on the original sign-up agreement (herein referred to as “you”) is the other party to this Agreement.
2. Agreement: Change in Terms.
By accessing 724 Inc. services, you agree to be bound by the terms of this Agreement. You also agree to be bound by any change in these terms which may be published via 724 Inc. services while you are a user of 724 Inc. services. If you do not want to be bound by the terms of this Agreement or by any subsequent changes to these terms, please contact 724 Hosting immediately so that we may close your account. You will have 15 days to move or dis-continue your service once you notify 724 Hosting of your dis-satisfaction of any policy changes.
3. Limitation of Liability and Indemnity.
You agree that 724 Inc. will not be liable to you, beyond the refund of your current term’s charges, for any direct, indirect, consequential, special or punitive damage(s) or loss(es) whatsoever you may incur in connection with the use of the 724 Inc. system or any of the data or other material transmitted through or residing on the 724 Inc. system, even if 724 Inc. has been advised of the possibility of such damage or loss. This includes, but is not limited to, loss of data or any other loss whatsoever resulting from delays, non-deliveries, mis-deliveries, or service interruptions of any nature whatsoever. In addition, you agree to defend and indemnify 724 Inc. and hold 724 Inc. harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys fees) relating to any acts by you or materials or information transmitted by you or any use by you of 724 Inc. services which leads wholly or partially to claims against 724 Inc. or the 724 Inc. system by you, by another customer or by any other person or entity. Without limiting the generality of the above paragraph, you further acknowledge and agree that:
a. No Warranties: No Responsibility.
724 Inc. exercises no control whatsoever over the content of the information passing through its Internet connection. 724 Inc. makes no warranties of any kind, whether expressed or implied, as to the availability, accuracy, or content of the information, products, or services is is providing. 724 Inc. disclaims any warranty of merchantability or fitness for any particular purpose. Use of any information or data obtained via 724 Inc. is at your own risk. 724 Inc. bears no responsibility for the accuracy or quality of information obtained through its services or listed on any of our websites.
You further acknowledge and agree:
4. Use Restricted to Lawful Purposes.
You agree that you will only use 724 Inc. services for lawful purposes. You agree that you will not transmit any material in violation of any U.S. federal, U.S. State, or foreign law. This includes, but is not limited to copyrighted material, material legally judged to be threatening, obscene, in violation of the Communications Decency Act or any other section of the Telecommunications Reform Act of 1996, or material protected by trade secret. Your keyboard input or files may be monitored in the event of a real or perceived security incident. You agree that 724 Inc. may remove objectionable materials residing on the 724 Inc. server. Such removal shall be at 724 Inc.’s sole discretion and 724 Inc. shall be the sole judge of what constitutes objectionable material.
5. Other Networks: Access and Cancellation at 724 Inc. Discretion.
You agree to comply with the acceptable use policies, rules and regulations, and terms and conditions of any networks accessed by you through 724 Inc.. 724 Inc. reserves the right to refuse service to anyone.
724 Inc. further reserves the right to deny access to, or close, any account(s) which, in 724 Inc.’s sole opinion, is (are) causing, or may cause, harm to a 724 Inc. server or to to other systems or for any other reason determined by 724 Inc. 724 Inc. will make reasonable effort to notify any user of 724 Inc. action, but is not bound by this agreement to do so.
6. Account Usage.
When you accept this Agreement and pay the appropriate charge, you are entitled to an account. An individual account entitles only the named user to log in.
7. CPU Usage.
Programs used to emulate a TCP/IP connection from within a shell account are prohibited.
9. Disk Usage.
You agree that storage of user data will be done within the user’s assigned home directory, or as assigned by the 724 Inc. staff. You agree not to use other disk space, except for 724 Inc. system programs making temporary use of the system’s public file system areas. 724 Inc. agrees to supply account users the specified amount of disk space as stated on the sign up form. Those requiring additional disk space may contact 724 Inc. for details.
10. Mail Usage.
You agree that you will not send unsolicited bulk mail to more than one hundred (100) users nor unsolicited commercial mail to multiple recipients or use your 724 Inc. account or web pages as a return address for unsolicited commercial mail originated elsewhere.
11. Usenet Usage.
You agree not to make commercial postings to newsgroups the charter of which does not specifically allow commercial postings, or postings which are directed to either inappropriate, unrelated, or more than twenty (20) groups or use your 724 Inc. account or web pages as a return address for such postings originated elsewhere.
12. System Abuse.
Administrative intervention required due to abuse of any of the policies in the Agreement will be billed to the user at $100 per hour. This includes but is not limited to administrative intervention on dedicated servers and co-located servers which is caused by any virus, trojan, hacker or other break-in beyond 724 Inc’s control. It is the dedicated or co-located customers responsibility to keep their software up to date to prevent security breaches on their servers.
13. Refund and Guarantee Policy
724 Hosting offers a 30 day guarantee on all shared web hosting accounts. In the event you decide that you are dis-satisfied with service within the first 30 days, 724 Hosting will refund to you the entire pre-payment for the monthly web hosting fees only. Sorry, but Set-Up fees and Domain registration fees and SSL certificate fees are not refundable. In addition, 724 Hosting offers a 30 day guarantee on all Dedicated server and co-location accounts. In the event you decide that you are dis-satisfied with service within the first 30 days, 724 Hosting will refund to you the entire pre-payment for the monthly dedicated server or co-location hosting fees only. Set-Up fees for Co-location Services are not refundable. Set-Up fees for Dedicated Server services are refundable only if requested before installation and configuration of your web server. Once installation and configuration is complete, there will be no refund of any setup fees.
Customers who pre-pay at discounted rates for longer terms (such as 6 month or 12 month terms etc.) are obligated to that term under contract and no refunds will be given past the 30 day guarantee period.
14. Billing Policies; Application Form; Changes; Cancellations
The Application Form which you signed is hereby incorporated into this Agreement. You agree that 724 Inc. may change its rates and otherwise modify any terms and conditions of this Agreement by notifying you via 724 Inc.’s services 30 days in advance of the effective date of such changes. Until you notify us to close your account, you agree that any new terms and conditions will supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with the terms and conditions of this agreement and all order forms submitted. To open or close a 724 Inc. account requires written notification by FAX, U.S. Mail or e-mail. You agree to notify 724 Inc. via email to email@example.com, postal mail, or fax of any changes to your address or telephone number. Service is invoiced in advance of applicable term. You agree to pay service charges until the end of the billing cycle in which you request cancellation. Written notification of cancellation must be received at least 30 days prior to your cycle date, with the cycle date being the day of the month you sign up, in order to avoid charges in full for the next cycle. Upon such notification, 724 Inc. agrees to refund the service fees for any future terms outside your cycle as described above, and close your account at the end of the cycle. All accounts will continue to be billed until a written notice of cancellation is received, whether or not the account is actively used. Acceptable billing methods include: automatic credit card debiting, or quarterly billing in advance by postal mail. If quarterly billing in advance is chosen, payment is due upon receipt of invoice. Direct debit accounts will automatically be charged at the beginning of the next billing cycle unless we receive written notice from you to cancel your account. If 724 Inc. does not receive payment within fifteen (10) days of your due date, you will be mailed by postal mail a reminder notice and may be charged a $15.00 past due fee. If payment is not received with ten (10) days of the notice, the account will be temporarily deactivated, and a $15.00 reactivation fee will apply to have the account reactivated. If after thirty days of suspension, payment is still not received the account will be deleted, including all stored email. If you check is returned to 724 Inc. unpaid, you agree to pay a returned check charge of $20.00. If you default, you agree to pay 724 Inc. reasonable collection expenses, including attorney and collection agency fees. Further, for co-location servers, it is the customers responsibility to make arrangements to either pick up your equipment or have it shipped to you within 30 days of cancellation. Any customer equipment left at the 724 Inc. datacenter after 30 days of cancellation will incur a $50.00 per month storage fee.
15. Billing Policies – Free Trial Accounts
This section applies only to those who have requested a free trial account. Free Trial accounts are subject to the following terms when you open your account.
Free Trials are given for a term of 15 days. You may request up to an additional 15 days by contacting 724 Inc. directly by telephone. If you do not want to continue your free trial account at the end of the 15 day trial period, then you must contact 724 Inc. to cancel your free trial account. Otherwise, 724 Inc. will turn your free trial account into a regular account and you will receive a bill for services beginning on the 16 day.
16. Choice of Law.
You and 724 Inc. agree that the law of the State of California, U.S.A. will apply to all matters relating to this Agreement and to 724 Inc. services. In addition, you and 724 Inc. agree and consent that the courts of Santa Barbara County, California, U.S.A., will have exclusive jurisdiction and be the exclusive venue for any legal actions relating to this Agreement or to the services provided hereunder.
17. Rights not Waived.
Failure by either you or 724 Inc. to insist upon compliance by the other party with the terms and conditions of this Agreement shall not constitute a waiver of any rights under this Agreement.
18. Partial Invalidity.
If any part, term, or provision of this Agreement is determined to be invalid or unenforceable by a court, board, or tribunal of competent jurisdiction, such term or provision shall be construed in all respects as if such provision were written in a manner acceptable to said court, board, or tribunal, or, if such provision is found to be totally unacceptable to such court, board, or tribunal in any form, then as if such invalid provision were omitted altogether.
All photos and images in this site are for representation purposes only. No claim is made as to the purchase of the actual product shown. Images representing company products other than those of 724 Hosting and 724 Inc. are copyrights of the respected owners. Dell products are copyrights of Dell Corporation. Microsoft products including FrontPage are copyrights of Microsoft Corporation.
20. Entire Agreement.
It is expressly understood that there are no oral agreements or understandings between you and 724 Inc. which will be deemed to extend, restrict, or otherwise supersede the exact terms of this agreement. If any provision of this Agreement fails to comply with applicable law, then this Agreement shall, without prior notice, be automatically modified to conform with the minimum requirements of any law or governmental regulation having application to or jurisdiction over the subject matter or the parties hereto. Otherwise, this Agreement, the Application Form, and any later written changes published via 724 Inc. service, constitutes the entire agreement between the parties.
some of the 724 Inc.’s software vendors require us to list their software policies or privacy statements if we use their products. Below are individual policies as handed down from 724 Inc.’s vendors.
I agree with the terms.
Customer Signature: __________________________