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Web Site Hosting Agreement
This
Web Site Hosting Agreement (here forward called "Agreement")
between you and Eagle Web Designs is effective upon first payment or
down payment. This Agreement explains the terms and conditions of Eagle
Web Designs Hosting services (here forward called "Hosting")
and represents the entire agreement between you and Eagle Web Designs.
By using Eagle Web Designs Hosting services, you acknowledge that you
have read, understand and agree to all of the terms and conditions of
this Agreement.
1.
PAYMENT
Depending
on the Hosting service purchased by you, you agree to pay Eagle Web
Designs a recurring fee, which could be monthly, bi-annually,
or annually. Your billing date will be determined by the day and month
you establish your account with Eagle Web Designs. Billing dates will
be on the 25th of the month. Payment is to be made by you on or before
the 15th of the following month, and is non-refundable. All payments past due 15 days will be charged an additional 10% each month payment
has not been received. If payment becomes 60 days past due, Eagle Web Designs has the right to suspend your website until
payment is received in full. Eagle Web Designs has the right to suspend any administrative areas and control panels associated
with your website. If payment becomes 90 days past due, Eagle Web Designs has the right to terminate your Hosting account and
remove entirely your website from our servers. There will be a $75.00 reinstatement fee should the website(s) need to be taken
off line and will be payable before it is reinstated. If case collection proves necessary, the client agrees to pay all fees
incurred by that process. If Eagle Web Designs is charged back for any fee you provided, including returned checks or declined
credit cards, you will be charged a $50.00 fee and agree that Eagle Web Designs may pursue all avenues to obtain payment. No
notification from Eagle Web Designs is required.
2. SERVICE
Eagle
Web Designs provides Hosting services to its customers for a monthly,
bi-annual, or annual fee. Eagle Web Designs will host your
web site on Eagle Web Designs servers, provided you abide by the terms
and conditions set forth in Eagle Web Designs Legal Agreements and Disclaimers.
3. TERMINATION OF SERVICE
Eagle
Web Designs has the right to terminate any Hosting account which does
not conform to our policies and agreements.
If you wish to terminate your Hosting service with Eagle Web Designs,
you agree that you will be responsible for notifying Eagle Web Designs
at least 3 days prior to your billing date or 13 days prior to your
payment due date. If you do not notify Eagle Web Designs within the
specified time, you are fully responsible for paying the next scheduled
amount. You may terminate your Hosting service by sending an email to
sales@eaglewebdesigns.com,
by calling 843-602-9327, or by sending a written notification to:
Eagle Web Designs
Hosting Dept.
6283 Hwy 544
Myrtle Beach, SC 29588
All
termination requests will be responded to by email, which will be sent
to the email address Eagle Web Designs has on file. You must reply to
the email to verify the request. This is for the safety of your account.
4. YOUR RESPONSIBILITIES
You
are responsible for ensuring that Your web site conforms to all local,
state, federal, and international laws.
You are responsible for ensuring the legal copyright to any and all
images, text, or other web site items. You warrant that each application
you make is being done so in good faith and that you have no knowledge
of it infringing upon or conflicting with the legal rights of a third
party or a third party's trademark or trade name.
You are responsible for providing accurate and current information when
setting up a Hosting account with Eagle Web Designs.
You are responsible for notifying Eagle Web Designs within seven (7)
days when any of the information you provided changes. Failure to keep
your information up to date with Eagle Web Designs can cause billing
complications, among other problems. Any and all complications, fees,
or other problems that arise from your failure to keep your information
updated will be entirely your responsibility. If your information is
found to be inaccurate, not current, false, or misleading, Eagle Web
Designs has the right to terminate its Hosting services and close your
account.
You agree that your web site being hosted by Eagle Web Designs will
not be used in connection with any illegal activity.
You agree that your web site being hosted by Eagle Web Designs will
not be used for any pornographic material that could be considered offensive, including but not limited to hardcore, S&M, child porn, and animal porn.
You agree that you will not be entitled to a refund of any fees paid
to Eagle Web Designs if, for any reason, Eagle Web Designs takes corrective
action with respect to your improper or illegal use of its Hosting services.
5. EAGLE WEB DESIGNS RIGHTS
Eagle
Web Designs reserves the right to:
A. Censor any web site hosted on its Hosting servers that is deemed
inappropriate.
B. Review every Hosting account for excessive space and bandwidth use
and to apply additional fees to those accounts that exceed allowed levels.
C. Modify its pricing when deemed necessary through email notification.
D. Terminate your Hosting service for unsolicited, commercial e-mailing
(i.e., SPAM); illegal access to other computers or networks (i.e., hacking);
distribution of Internet viruses or similar destructive activities;
non-payment of Hosting fees; and other activities whether lawful or
unlawful that Eagle Web Designs determines to be harmful to its other
customers, reputation, or equipment.
E. Terminate your Hosting service if the contents of Your web site result
in, or are the subject of, legal action or threatened legal action,
regardless if such legal action or threatened legal action is determined
to be with or without merit.
6.
DISPUTE POLICY
You
agree that if a dispute arises as a result of one or more web sites
Eagle Web Designs is hosting for you, you will hold Eagle Web Designs
harmless for damages arising from the dispute.
You agree that if Eagle Web Designs is notified that a complaint has
been filed with a governmental, administrative or judicial body, regarding
a web site hosted by Eagle Web Designs, that Eagle Web Designs may modify
your web site, assign control of your web site to said body, or take
whatever actions Eagle Web Designs deems necessary to comply with the
actions or requirements of the governmental, administrative or judicial
body until such time as the dispute is settled.
7 . LIMITATION OF LIABILITY
You
agree that Eagle Web Designs entire liability to you under this agreement
shall be limited to the fees you paid to Eagle Web Designs for Hosting
services, and only for periods that have not passed.
8. INDEMNITY
You agree to release and hold harmless Eagle Web Designs and
its contractors, employees, and affiliates from and against any losses,
damages or costs, including reasonable attorney's fees, resulting from
any claim or action arising out of or related in any way to your Hosting
account with Eagle Web Designs.
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