Web Hosting User Agreement

Introduction

Please read the following User Agreement very carefully. Once you have completely read the agreement click here to return to the Web Hosting Page. Submission of Payment to Positive Projections is your indication of complete agreement to the terms herein.

Terms and Conditions

THIS WEB SPACE RENTAL AGREEMENT (Agreement) is hereby entered into between Positive Projections and Customer on the following terms and conditions:

The Positive Projections Web Space Rental Agreement (the Service) consists of services provided to allow the Customer to offer content on the Internet. These services include space on Positive Projections’s Internet server to store HTML and related multimedia documents and files, the ability to maintain these pages, account, and email accounts. The terms and conditions of this agreement and any rules and prices published on Positive Projections’s web hosting pages constitute the entire and only agreement (collectively, the Service Agreement) between Positive Projections and the Customer (hereby defined as one who has an account with Positive Projections for the Service, including Customer’s designated users with respect to the Service) and supersede all other communications and agreements with regard to the subject matter hereof.

Positive Projections may modify this Service Agreement or prices, and may discontinue or revise any or all aspects of the Service in its sole discretion without notice.

Customer agrees to indemnify Positive Projections against any liability for any and all use of Customer’s account. Furthermore, Customer agrees to indemnify and hold Positive Projections harmless from any claims and expenses, including reasonable attorney’s fees, related to Customer’s violation of the Service Agreement or Customer’s direct or indirect damage to another party.

Customer is responsible for and must provide all telephone and other equipment and services necessary to maintain customer’s account remotely.

CUSTOMER EXPRESSLY AGREES THAT USE OF Positive Projections’s SERVICE IS AT CUSTOMER’S SOLE RISK. NEITHER Positive Projections NOR ANY OF ITS INFORMATION PROVIDERS, LICENSERS, EMPLOYEES, OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES Positive Projections OR ANY OF IT’S INFORMATION PROVIDERS, LICENSERS, EMPLOYEES, OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS DISTRIBUTED ON AN AS IS BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS SERVICE AGREEMENT. NEITHER Positive Projections NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. CUSTOMER EXPRESSLY ACKNOWLEDGES THAT THE PROVISION OF THIS PARAGRAPH SHALL ALSO APPLY TO ALL THIRD PARTY CONTENT AND ANY OTHER CONTENT AVAILABLE THROUGH THE SERVICE.

This Service Agreement is made in Washington, and shall be governed by and construed in accordance with the laws of the United States of America and of the State of Washington. Any cause of action of customer or its designated users with respect to the Service Agreement must be instituted within one year after the claim or cause of action has arisen or be barred.

Copyrighted material must not be placed on Customer’s account without the permission of the owner(s) or person(s) they specifically authorize. Only the owner(s) or such authorized person(s) may upload copyrighted material to the account.

Customer agrees not to publish on or over its account any information, software or other content which violates or infringes upon the rights of any others or which knowingly contravenes the laws of any jurisdiction in which such content is generally accessible.

Use of illegal or copyright material on any web page or other distribution mechanism used in conjunction with the Customer’s account, will result in termination of this Service Agreement. Illegal material is defined as any material not permitted under United States local, state or federal laws. If illegal material was submitted by a client of the Customer without Customer’s knowledge, this Service Agreement will remain in effect if the Customer removes the illegal material.

Any use of Positive Projections’s network and/or systems that disrupts the normal use of the network and systems for other Positive Projections customers is considered to be abuse of Positive Projections services and is grounds for termination of this Service Agreement. Some examples of abuse include attempting to access other Customers’ account, or conducting provocative activities such as mass emailings (Spam) which may result in retaliatory actions against Positive Projections.

Depending upon the nature and severity of any abuses, the Customer may receive an email warning detailing the nature of the abuse. If the abuse of services is not terminated within 2 days, a certified letter will be sent to the customer formally requesting termination of the stated abuse. Customer then must terminate stated abuse within 2 days, otherwise the Service Agreement will be terminated. Any reconnection of a terminated account will require a reconnection fee.

If, in Positive Projections’s sole discretion, the nature and severity of any abuses is severe enough, Positive Projections may terminate the Service Agreement immediately without written notification.

Setup for service begins after payment has been received. Customer shall provide payment, and any charge for additional services under the terms of this Service Agreement, within 10 days of initiation of service or 1 day prior to yearly continuation of that service. Customer may not withhold or setoff any amounts due hereunder. Positive Projections retains the right to withhold service without prejudice until all amounts determined delinquent are paid in full. Any late payment shall be subject to any costs of collection (including but not limited to legal fees).

New accounts that are delinquent by 14 days will be suspended. Existing accounts that are delinquent by 7 days will be suspended. When an account is suspended Customer loses all access to the server, and the account is removed from the network, all files are purged from all Positive Projections servers, and Customer loses all rights to their account. Although charges stop accruing on Customer account on the date of suspension, Customer is still fully responsible for all charges owing.

Any Customer whose services are suspended will be required to pay a reconnection fee of $50.00 to reinstate the account.

There will be a $25.00 service charge for each returned check.

Legal notices sent to either party shall be effective when delivered by mail, transmitted by telecopier (fax) machine, 1 day after being sent by overnight mail or fax, or 2 days after being sent by first class mail postage prepaid to the address shown:

Positive Projections
26828 Maple Valley Hwy, PMB 218
Maple Valley WA 98038
206-374-2483 24-Hour Voice Mail & Fax

Customer retains the right to cancel use of Positive Projections’s Service within 10 days before the start of their next billing cycle. Positive Projections does not provide any type of refunds for unused time. Requests for cancellation must be received at Positive Projections’s main office via email, fax, or postal mail. All Positive Projections accounts must be paid in full before the cancellation transaction will be considered complete.

Positive Projections acknowledges and agrees that in the course of dealings with Customer, it may acquire information about Customer, its business activities and operations, its technical information and trade secrets, of a highly confidential and proprietary nature. Positive Projections agrees that title to all such information and related materials shall remain with the Customer. All applicable copyrights, trade secrets, patents and other intellectual and property rights in such information and related material are and remain in the property of the Customer. All other aspects of the information and related material, including without limitation, technologies, procedures, programs, methods of processing, all source code, conversions, enhancements, databases, templates, specific design and structure of individual programs and their interaction and unique programming techniques employed therein as well as screen formats shall remain the sole and exclusive property of the Customer and shall not in any way be sold, revealed, disclosed or otherwise communicated, directly of indirectly, by Positive Projections to any person, company or institution whatsoever other than for the purposes set forth herein. It is expressly understood that no title to or ownership of such information or any part hereof is hereby transferred to Positive Projections.

Any customer lists and/or other information concerning the Customer’s clients are the sole and exclusive property of the Customer. Positive Projections shall not for any reason whatsoever, directly or indirectly, solicit the trade business of any of the clients or prospective clients of the Customer with respect to any of the services, products, trade secrets or other matters of the Customer. In addition to maintaining confidentiality of all matters as imposed herein above, Positive Projections agrees to keep in the strictest of confidence any information acquired by Positive Projections during the course of its dealings with the Customer about any of the Customer’s clients, including but not limited to contents of related databases, credit and credit card information.

Nothing contained herein shall be construed to place the parties (Customer and Positive Projections) in a relationship of partners, agents or joint ventures. Neither party shall represent itself as the agent or legal representative of the other party for any purpose whatsoever and shall have no power to obligate or bind the other party in any manner whatsoever.

If any clause herein shall be found to contravene any law or ordinance in whole or in part, it shall be severed from the Agreement. The balance of the Agreement shall continue in full force and effect.

Each party (Customer and Positive Projections) to this agreement represents that it has all necessary rights and authority to enter into the terms of the Agreement and is in compliance with all federal, state and local laws governing this transaction.

Positive Projections Policy

Unacceptable Use/Abuse Any client who uses Positive Projections’s web servers for development or debugging an application, or who knowingly runs an application that crashes the server or engages in the use of Spam is violating the Web Rental Agreement and risks account termination. Spam is considered to be any unsolicited email or newsgroup post advertising any site or material linked to or on a Positive Projections Server. Spam is not limited to email and or newsgroups, it is any type of media that is unsolicited by the individual receiving it. We will not allow any services or programs that in any way potentially affect the security, speed or stability of the servers. This includes but is not limited to third party COM objects, CFX tags, CF tags or DLLs that we feel present a risk; the use of ODBC RDS; anonymous FTP upload; access attempts targeted at other customer directories or databases; the use of CGI programs making remote calls via TCP/IP ports; and any other product or activity which in any way, shape or form diminishes the functioning of Positive Projections’s servers. If there is any doubt as to what is acceptable to run on the server, please contact Support.

Third-Party Software

Positive Projections reserves the right to inspect, approve and/or refuse the use of third-party software on a shared server environment. Clients running dedicated or co-located servers may run any third-party software. If you think that you would like to add a program to your site please talk to Support first.

Domain Record Creation/Modifications/Transfers

Submission of domain name registrations, modifications or transfers is the responsibility of Customer and their Web Design Affiliate. Positive Projections is not responsible for any problems that may occur during the registration process. This includes, but is not limited to, misspelled domains or contact info and inability to register a selected domain. Also, please note that modifications may require the extra follow up of the customer involved. Because Positive Projections does not own the domain, the administrative and/or technical contacts may have to contact the domain registrar directly to move or otherwise change the domain.

Customer Technical Support vs. Consulting Technical Support

Customer Technical Support is considered any questions, guidance, or advice necessary with regard to the server’s operating environment. Consulting Technical Support is considered third-party software support, programming advice, and coding assistance. Speak with your Web Design Affiliate regarding their fee structure. Positive Projections Support only to Web Design Affiliates and they in turn provide support to customer.

Since the client pays for web hosting, the organization has the right to initially choose, and subsequently change, the Web Design Affiliate associated with their web site. The criterion for changing the Web Design Affiliate is simple: 1.) The organization’s account with the Web Design Affiliate must be in good standing; 2.) For security purposes, the person who is authorized by the organization to change the Web Design Affiliate must provide seven days written notice of the change to Positive Projections.

Summary

IN WITNESS WHEREOF, and intending to be legally bound, by submitting payment for Web Hosting services, I agree to the contract stated above.

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