Web Hosting Services Agreement

WEB HOSTING

Advanced Services will host Client’s website(s) on a Cloud dedicated private server with an Internet Address for storage and access of Content, User Content, and the Website. Where applicable, the Website, Content, and User Content must be “server-ready.”

Advanced Services will provide storage and bandwidth (not including SSL) paid in advance yearly or every six months for 9% additional. If Client requires additional storage or other hosting resources, Advanced Services will negotiate in good faith to amend the allocated hosting resources with client notice/approval by email. No refunds will be paid once hosting or hosting related fees (hosting server resources, security, SSL certificates, etc.) have been made.

Where applicable, once the client has paid for web hosting, they will be instructed on how to FTP the files on to the server. Hosting services scope does not include installing, setting up the FTP software on their computer or editing their website pages except for 2 hours of Web design/development/assistance (per year) such as simple website changes and admin assistance. The client can hire Advanced Services at an additional cost if they require assistance outside current hosting services scope.

WEB HOSTING LIMITS

Clients’ web hosting limits are set as per the allotted hosting resources initially defined. Advanced Services servers automatically send reminder emails when clients’ web space usage gets close to the allowed web space or bandwidth limit.

99.9% UPTIME

Advanced Services will provide hosting services that meet reasonable commercial standards for, among other matters, packet loss, accessibility, latency, availability and throughput. If for any reason the website is unavailable for longer than 1% in any calendar month, Advanced Services will provide 3x of the outage time in free web hosting services to compensate.

ANTI-SPAM POLICY

The client will not send SPAM, or any unsolicited commercial email from our network to promote any website hosted on our network or any related or non-related business using SPAM. Advanced Services reserves the right to determine what constitutes SPAM and terminate all services, of any customer disregarding this policy without refund.

REFUSAL OF SERVICE

Advanced Services holds the right to refuse providing any of its services to any user at its own discretion. These refusals may be a result of, but not limited to, unsatisfactory references, bad reputation, bad credit history, etc. If the client has already paid and Advanced Services refuses to accept their registration, client’s payment will be reimbursed excluding applicable costing if a domain name was purchased, registered or renewed.

WEBSITE BACKUPS

Advanced Services will backup the Website in a commercially reasonable manner. Specifically, 1 and 7 day backups with additional backup options available at additional cost. However, Advanced Services is not responsible for lost Content or lost User Content. Under current backup setup, website backups will be stored by Advanced Services for no longer than 7 days. Advanced Services will provide, at Client’s expense, an electronic copy of the backup Website to Client upon written request by Client. This may incur additional work/cost. Backups are intended for disaster recovery, not the restoration of individual files.

SECURITY

Advanced Services will take commercially reasonable steps to prevent unauthorized access to the Website, Content, User Content, and Confidential Information stored on Advanced Services servers. Comprehensive security (server point, website and 3rd party), automated logging, audits, 24/7 automated monitoring with alerts identifying downtime (and other triggers) in two-minute intervals are part of security efforts. Website software updates including Content Management System (CMS) at least once every six months (inclusive of required software). Software upgraded to most suitable available versions.

SERVER/NETWORK COMPUTER OUTAGES

Whenever possible, Advanced Services will employ best efforts in providing a minimum of one week advance notice to Client of scheduled server computer/network outages.

DISCLAIMERS

Advanced Services provides no equipment, software, or communication connections to Client. Advanced Services makes no representations, warranties or assurances that the Client’s software and websites will be compatible with Advanced Services hardware and hosting service.

DOMAIN NAME OWNERSHIP, DISPUTES & USE

Any domain name registered by Advanced Services on behalf of the Client is the property of Client after the Client has paid Advanced Services invoice in full. Advanced Services claims no ownership over Client’s domain names that the Client has paid to register.

Advanced Services will either arrange for any billing for domain names registered by Advanced Services on behalf of Client to be sent directly by the registrar. Advanced Services will directly bill the client for these registration fees plus applicable expenses, and/or service charges, if any.

Client agrees that Advanced Services may be presented with information that Client’s domain name possibly violates the trademark rights or other intellectual property rights of a trademark or other intellectual property rights owner. In case of such action, Client agrees to the following:

Client agrees to hold Advanced Services harmless of any action taken by such owner regardless of the outcome of such dispute and regardless of whether Domain Name Service hosting for Client’s domain is hosted at or continued to be hosted at Advanced Services.
Client agrees that Advanced Services has the right to discontinue hosting service in the event of such dispute over a Client’s domain name.
Client agrees that should Advanced Services discontinue name service for Client’s domain upon notification of such dispute that that Advanced Services will not be liable for any loss of business, interruption of business, loss of Client’s domain name, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if Advanced Services has been advised of the possibility of such damages.
In no event shall Advanced Services maximum liability exceed one hundred ($100.00) dollars.
Client agrees that an Advanced Services contact person shall be named as the “technical or zone contact” for any domains registered by Advanced Services. Client agrees that Advanced Services may create and use network resources with the Client’s domain name for administrative, testing, and network infrastructure enhancement purposes.

OWNERSHIP OF CONTENT, RESPECT & DISPUTE

All Content and User Content stored by Client on Advanced Services servers shall at all times remain the property of Client. Client grants to Advanced Services a non-exclusive, worldwide license to the Content and User Content only to the extent necessary for Advanced Services to host the Website. The client must only upload the related contents on their website. No content shall falsely represent client’s products and/or services. The client must respect others. No contents on the website shall be discriminatory or offensive in nature that may offend others accessing the website. Upon receiving any reasonable complaints, if such has been proved, Advanced Services holds the right to temporarily discontinue the web hosting service until the content is rectified. In such an event, Advanced Services will not be responsible for any loss occurred to client’s business.

LAWFUL PURPOSE

Client will only use Advanced Service services for lawful purposes and Client will not store or provide any Content or User Content or link to any material that violates foreign, federal or local law. Should Advanced Services become aware that Client has violated any of above stated laws, Advanced Services may, at its option, remove the Content or User Content in violation, immediately terminate hosting Client’s Website, and/or notify authorities. If hosting is terminated, Advanced Services may, in its sole discretion, reinstate hosting upon adequate showing of Client’s right to use the Content or User Content.

FEES

Client shall pay fees agreed upon during account signup or renewal. Advanced Services will invoice the Client on a yearly basis unless otherwise noted in client invoice. Full payment will be due by the due date to activate services or keep active services online. Advanced Services charges a fee for late payments. If the client has paid in advance for web hosting or domain renewal/registration services and decides to cancel the account or terminate certain services, the advance payment will not be reimbursed.

RETURN CHECKS AND DECLINED CREDIT CARDS WILL INCUR A FEE

In an event of returned or bounced checks or declined credit cards Advanced Services will charge the Client a bounced check or declined credit card fee. Fee will be decided at our own discretion based on banking or other associated fees as well as resolution related work involved.

ACCOUNT UPDATES

It is client’s responsibility to maintain accurate contact and billing information with Advanced Services. This includes name, phone number, email address(es) and mailing address. All communication from Advanced Services will go to the email address which was used when signing up until updated. These communications also include account renewal notices.

TERMS

This Agreement will automatically renew on a year-to-year basis until Client’s account is cancelled with Advanced Services.

TERMINATION OF SERVICE BY CLIENT

If the client decides to terminate the web-hosting services with Advanced Services, a written e-mail or regular mail notice will be required. Upon receiving such notice Advanced Services will confirm the receipt of the notice in a reply. If the Client terminates the web hosting contract the advance payment for the remaining months will not be reimbursed.

TERMINATION OF SERVICE BY US

Advanced Services may immediately terminate this Agreement for cause at any time without penalty. Causes justifying immediate termination include, but are not limited to: violation of any foreign, federal or local law; non-payment of fees due; breach of this Agreement and any written modifications thereof; and violation of any other Advanced Services policy.

Advanced Services may terminate this Agreement without cause at any time upon thirty (30) days written notice to Client. In such an event a notice will be sent to the Client via e-mail or regular mail. In this case the advance payments for the remaining months, until the renewal date, will be reimbursed.

LIMITATION OF LIABILITY

You agree that our entire liability, and your exclusive remedy, with respect to any Service(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s). We and/or our contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions, our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your account identifier or password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) loss or liability resulting from the interruption of your Service. You agree that we will not be liable for any loss of registration and use of your domain name(s), or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.

TRANSFERABILITY

Should Advanced Services be legally separately incorporated, acquired, taken over or merged with another company, the new entity will be deemed to have taken over all responsibilities of Advanced Services with regards to this contract, with the contract remaining in full force and effect.

INDEMNITY

You agree to release, indemnify, and hold us, our contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney’s fees, from claims by third parties, including but not limited to events relating to or arising under this Agreement, the Services provided hereunder or your use of the Services, including without limitation infringement by you, or someone else using the Service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the service(s) provided. When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in cancellation of your Service.

BREACH

You agree that failure to abide by any provision of this Agreement, may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within thirty (30) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, then we may cancel Service. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other, breach by you.

RIGHT OF REFUSAL
We, in our sole discretion, reserve the right to refuse. You agree that we shall not be liable to you for loss or damages that may result from our refusal to provide Service.

SEVERABILITY

You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.

NOTICES

Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via e-mail or via regular mail. In the case of e-mail, valid notice shall only have been deemed to have been given when an electronic confirmation of delivery has been obtained by the sender. Any e-mail communication shall be deemed to have been validly and effectively given on the date of such communication, if such date is a business day and such delivery was made prior to 4:00 p.m. AST, otherwise it will be deemed to have been delivered on the next business day. In the case of regular mail notice, valid notice shall be deemed to have been validly and effectively given 5 business days after the date of mailing and, in the case of notification to us shall be sent to:

Advanced Services
2 Melissa Close
Warwick, WK02 Bermuda

and in the case of notification to you shall be to the address specified in our records as your “Account Information”.

RELATIONSHIP OF PARTIES

No agency, partnership, joint venture, or employment relationship is created by this Agreement and neither party has the power to bind the other party.

ATTORNEY FEES & COSTS

In the event that any legal action becomes necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled, in addition to its court costs, to such reasonable attorneys’ fees, expert witness fees and legal expenses as may be fixed by a court of competent jurisdiction.

GOVERNING LAW

This Agreement shall be governed by and interpreted and enforced in accordance with the laws of Bermuda without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in Hamilton Bermuda, and you irrevocably consent to the jurisdiction of such courts.

If you have any questions regarding the information on this service agreement, please contact Advanced Services.

ACCEPTANCE OF AGREEMENT

BY SIGNING UP/PAYING FOR SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT. PAYMENT OF HOSTING FEES DENOTES AN AGREEMENT TO ABIDE BY THE TERMS OF THIS AGREEMENT.