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Hosting
Polices
Web Site and Virtual Dedicated Server Service Agreement
This Web Site and Virtual Dedicated Server Service
Agreement ("Agreement") is by and between GoDaddy.com,
Inc. ("Go Daddy"), a/an Arizona corporation, and you,
your heirs, assigns, agents and contractors ("You") and
is effective as of the date of electronic execution.
This Agreement sets forth the terms and conditions of
Your use of Go Daddy's Web Site and Virtual Dedicated
Server services (collectively, the "Services") and
represents the entire agreement between You and Go
Daddy. By using the Services, You acknowledge You have
read, understand and agree to be bound by all the terms
and conditions of this Agreement, along with any new,
different or additional terms, conditions or policies,
including the Universal Terms of Service which Go Daddy
may establish from time to time. Such Agreements may be
found here.
In addition to transactions entered into by You on Your
behalf, You also agree to be bound by the terms of this
Agreement for transactions entered into on Your behalf
by anyone acting as Your Agent, and transactions entered
into by anyone who uses the account You've established
with Go Daddy, whether or not the transactions were in
Your behalf. You acknowledge that Go Daddy's acceptance
of any application made by You for services provided by
Go Daddy will take place at the Internet Corporation for
Assigned Names and Numbers ("ICANN") accredited
registrar's offices located in Scottsdale, Arizona, USA.
In the event You are using ad-supported hosting, You
further acknowledge and agree that as adequate
consideration for Go Daddy providing You with the
Services at no cost to You, Go Daddy shall have the
right to place certain advertisements on Your web site.
The advertisements shall be based upon the content of
Your web site and may include, but are not limited to,
advertisements of Your competitors. If You do not desire
such advertisements to be placed on Your web site, then
You may purchase the Services at Go Daddy's then current
rates.
1. Description of Service
Go Daddy currently provides the Services to its
customers for a monthly fee. Go Daddy will host Your web
site on Go Daddy's servers, provided, however, You abide
by the terms and conditions set forth herein and in each
of Go Daddy's policies and procedures here.
License of Your Web Site Content
Go Daddy grants to You, and You accept from Go Daddy, a
non-exclusive, worldwide and royalty free license to
copy, display, use and transmit on and via the Internet
Your web site content in connection with Go Daddy's
performance or enforcement of this Agreement.
Availability of Services
Subject to the terms and conditions of this Agreement,
Go Daddy shall attempt to provide the Services for
twenty-four (24) hours per day, seven (7) days per week
throughout the term of this Agreement. You agree that
from time to time the Services may be inaccessible or
inoperable for any reason, including, without
limitation:
1. equipment malfunctions;
2. periodic maintenance procedures or repairs that Go
Daddy may undertake from time to time; or
3. causes beyond the control of Go Daddy or that are not
reasonably foreseeable by Go Daddy, including, without
limitation, interruption or failure of telecommunication
or digital transmission links, hostile network attacks
network congestion or other failures.
You agree Go Daddy has no control of availability of the
Services on a continuous or uninterrupted basis.
You further agree that as a normal course of its
business, it may be necessary for Go Daddy to migrate
its servers. As a result, even though You may have a
dedicated IP, You may be assigned a different IP number.
Go Daddy does not warrant that You will be able to
consistently maintain Your given IP numbers.
Service Availability Guarantee
Go Daddy offers a service uptime guarantee for the
Services of 99.9% ("Service Uptime") of available time.
If Go Daddy fails to maintain this level of service
availability, You may contact Go Daddy and request a
credit of 5% of Your monthly hosting fee from Go Daddy
for that month. The credit may be used only for the
purchase of further products and services from Go Daddy,
and is exclusive of any applicable taxes. The credit
does not apply to service interruptions caused by:
1. periodic scheduled maintenance or repairs Go Daddy
may undertake from time to time;
2. errors caused by You from custom scripting or coding;
3. outages that do not affect the appearance of the web
site but merely affect access to the web site such as
FTP and email;
4. causes beyond the control of Go Daddy or that are not
reasonably foreseeable by Go Daddy ; and
5. outages related to the reliability of certain
programming environments.
Total Service Uptime shall be solely determined by Go
Daddy and shall be calculated on a monthly basis.
FTP Backup
Go Daddy may offer additional features and add on
services, such as a FTP Backup option. You acknowledge
and agree that purchasing such additional features and
add on services may require additional down time to
install and maintain. You further acknowledge and agree
that in utilizing the FTP Backup option, You shall be
subject to a maximum disk usage and bandwidth usage as
identified by Go Daddy. Subject to the terms and
conditions of this Agreement, Go Daddy shall use
commercially reasonable efforts to provide FTP Backup
services on a twenty-four (24) hours per day, seven (7)
days per week basis throughout the term of this
Agreement. You acknowledge and agree that from
time-to-time the FTP Backup services may be inaccessible
or inoperable for any reason, including without
limitation:
1. equipment malfunctions;
2. periodic maintenance procedures or repairs that Go
Daddy may undertake from time to time; or
3. causes beyond the control of Go Daddy or that are not
reasonably foreseeable by Go Daddy, including, without
limitation, interruption or failure of telecommunication
or digital transmission links, hostile network attacks,
network congestion or other failures.
Web Site Content
You shall be solely responsible for providing, updating,
uploading and maintaining Your web site and any and all
files, pages, data, works, information and/or materials
on, within, displayed, linked or transmitted to, from or
through Your web site, including, without limitation,
trade or service marks, images, photographs,
illustrations, graphics, audio clips, video clips, email
or other messages, meta tags, domain names, software and
text. Your web site content shall also include any
registered domain names provided by You or registered on
behalf of You in connection with the Services.
Notwithstanding anything in this Agreement to the
contrary, in the event You are using ad-supported
hosting, in no event shall Your web site consist of the
following: search results, registration, "thank you",
error, email or chat pages, pages comprised primarily of
other advertising or pages containing any of the
following types of content:
1. pornographic, obscene or excessively profane content;
2. content intended to advocate or advance computer
hacking or cracking;
3. gambling;
4. illegal activity;
5. drug paraphernalia; or
6. hate, violence or racial or ethnic intolerance.
7. spam practices
Websites that violate DMCA (Digital Millennium Copyright
Act) and our Copyright and Trademark Dispute Policies
will be taken offline immediately until the situation is
resolved. Lanitech Web Design holds discretion on
whether to continue to offer hosting services to the
said offender.
Clients who are blacked list or reported as abusers will
be required to immediately move their website hosting to
another provider.
SSL Certificates
Except as may be limited by specific products or
services, any SSL certificate You purchase from Go Daddy
or its affiliates to use in conjunction with the
Services provided by Go Daddy, is intended for its
specific use as described in the Subscriber Agreement
and will not be exported from the server to be used with
any other web hosting service. If You are using an SSL
certificate on a web site hosted by Go Daddy, Go Daddy
will generate and securely store a corresponding private
key.
For security reasons, at no time will Go Daddy release
Your private key, even if You request. If You wish to
export Your SSL certificate for use on a non- Go Daddy
server, You will need to make a request to Go Daddy no
earlier than thirty (30) days after Your initial SSL
subscription began. After Your account with Go Daddy has
been cancelled, You will have thirty (30) days to follow
the Starfield Secure Certificate Registration Process
and request a re-key of the SSL certificate, or Your SSL
certificate will become invalid.
Information Shared with Partners
As a condition of purchasing and using the Services, You
acknowledge and agree Go Daddy may provide Your personal
information to their partners, as required to provide
the plans for which You are purchasing.
2. Your Obligations
You acknowledge and agree Go Daddy shall have the right
to seek justification in connection with Your use of the
Services, specifically Your purchase of IP addresses,
and You shall be obligated to provide any and all
information reasonably sought by Go Daddy pursuant to
such justification. You acknowledge and agree You are
required to begin using at least ninety percent (90%) of
Your purchased IP addresses within thirty (30) days of
assignment of such IP addresses to You. In the event You
do not begin using at least ninety percent (90%) of Your
assigned IP addresses, You acknowledge and agree Go
Daddy shall have the right to reclaim any unused IP
addresses after the expiration of such thirty (30) day
period. In connection with such purchase, You
acknowledge and agree that Your name and justification
may be disclosed to certain registries, including, but
not limited to, the American Registry of Internet
Numbers, in accordance with policies promulgated by any
and all such registries and such information may be
displayed publicly on the Whois database.
Upon the expiration of Your initial hosting service
term, Your hosting service shall automatically renew for
the same period of time and Your payment method shall be
charged for the renewal term on the renewal date. You
acknowledge and agree that in the event You do not
desire to automatically renew Your hosting services for
the same period of time, it is Your responsibility and
obligation to access Your Account Manager and manually
turn off the default renewal and Your failure to access
Your Account Manager and manually select to renew on a
month-to-month basis shall be deemed acceptance of the
renewal term.
You represent and warrant to Go Daddy that:
1. Your Content does not and shall not contain any
content, materials, data, work, trade or service mark,
trade name, link, advertising or services that actually
or potentially violate any applicable law or regulation;
2. infringe or misappropriate any proprietary,
intellectual property, contract or tort right of any
person; and
3. that You own Your web site content and all
proprietary or intellectual property rights therein, or
have express written authorization from the owner to
copy, use and display the content on and within Your web
site.
You also warrant that the web site being hosted by Go
Daddy will not be used in connection with any illegal
activity. If You are hosting Your web site on Go Daddy's
servers, You are responsible for ensuring there is no
excessive overloading on Go Daddy's DNS or servers. In
the event You exceed Your allotted bandwidth, compute
cycles or disk space and thereby overload Go Daddy's DNS
or servers, You shall be assessed any and all fees,
costs and penalties associated with such overloading.
You may not use Go Daddy's servers and Your web site as
a source, intermediary, reply to address, or destination
address for mail bombs, Internet packet flooding, packet
corruption, denial of service, or other abusive
activities. Server hacking or other perpetration of
security breaches is prohibited and Go Daddy reserves
the right to remove sites containing information about
hacking or links to such information. Use of Your web
site as an anonymous gateway is prohibited. Go Daddy
prohibits the use of software or scripts run on its
servers that cause the server to load beyond a
reasonable level, as determined by Go Daddy. You agree
Go Daddy reserves the right to remove Your web site
temporarily or permanently from its servers if Go Daddy
is the recipient of activities that threaten the
stability of its network. Further, if You are using
ad-supported hosting, You acknowledge and agree Go Daddy
has the right to terminate Your Services in its sole
discretion and for any reason, including, but not
limited to, Your failure or unwillingness to comply with
the terms and limitations of this Agreement,
specifically, the content and material restrictions set
forth in this Agreement. You agree not to engage in
unacceptable use of any Services, which includes,
without limitation, use of the Services to:
1. disseminate or transmit unsolicited messages, chain
letters, unsolicited commercial email, or unreasonably
large volumes of email on a daily basis, provided, Go
Daddy, in its sole discretion, may permit You, if You
have a legitimate purpose and after request, to send
more email than Go Daddy's standard SMTP relay limit;
2. disseminate or transmit any material that, to a
reasonable person may be abusive, obscene, pornographic,
defamatory, harassing, grossly offensive, vulgar,
threatening or malicious;
3. disseminate or transmit files, graphics, software or
other material, data or work that actually or
potentially infringes the copyright, trademark, patent,
trade secret or other intellectual property right of any
person;
4. create a false identity or to otherwise attempt to
mislead any person as to the identity, source or origin
of any communication;
5. export, re-export or permit downloading of any
message or content in violation of any export or import
law, regulation or restriction of the United States and
its agencies or authorities, or without all required
approvals, licenses and/or exemptions;
6. interfere, disrupt or attempt to gain unauthorized
access to any computer system, server, network or
account for which You do not have authorization to
access or at a level exceeding Your authorization;
7. disseminate or transmit any virus, trojan horse or
other malicious, harmful or disabling data, work, code
or program;
8. engage in any other activity deemed by Go Daddy to be
in conflict with the spirit or intent of this Agreement
or any Go Daddy policy; or
9. use Your server as an "open relay" or similar
purposes.
Go Daddy prohibits the running of a public recursive DNS
service on any Go Daddy server. All recursive DNS
servers must be secured to allow only internal network
access or a limited set of IP addresses. Go Daddy
actively scans for the presence of public DNS services
and reserves the right to remove any servers from the
network that violate this restriction.
Storage and Security
At all times, You shall bear full risk of loss and
damage to Your web site and all of Your web site
content. You are entirely responsible for maintaining
the confidentiality of Your password and account
information. You agree You are solely responsible for
all acts, omissions and use under and charges incurred
with Your account or password or in connection with the
Site or any of Your web site content displayed, linked,
transmitted through or stored on the Server. You shall
be solely responsible for undertaking measures to:
1. prevent any loss or damage to Your web site content;
2. maintain independent archival and backup copies of
Your web site content;
3. ensure the security, confidentiality and integrity of
all Your web site content transmitted through or stored
on Go Daddy servers; and
4. ensure the confidentiality of Your password.
Go Daddy's shared hosting servers are not an archive and
Go Daddy shall have no liability to You or any other
person for loss, damage or destruction of any of Your
content. The Services are not intended to provide a PCI
(Payment Card Industry) compliant environment and
therefore should not be considered as one. Go Daddy
shall have no liability to You or any other person for
Your use of the Services in violation of these terms.
You shall at all times use the Services as a
conventional and/or traditional web site. You shall not
use the Service in any way, in Go Daddy's sole
discretion, that shall impair the functioning or
operation of Go Daddy's Services or equipment.
Specifically by way of example and not as a limitation,
You shall not use the Services as: (i) a repository or
instrument for placing or storing archived files; and/or
(ii) placing or storing material that can be downloaded
through other web sites. You acknowledge and agree that
Go Daddy has the right to carry out a forensics
examination in the event of a compromise to Your server
or account.
If You purchase MS SQL or Managed Backups, You hereby
authorize Go Daddy to log into Your server for purposes
of installing and configuring the software.
In the event You terminate, moving Your web site off of
the Go Daddy shared hosting servers is Your
responsibility. Go Daddy will not transfer or FTP Your
web site to another provider. In the event Your use of
the Services is terminated, Go Daddy will not transfer
or manage Your Services or Your web site content.
3. Assisted Services
In the event You elect to purchase Go Daddy 's Assisted
Server Plan, the following terms and conditions shall
apply to Your use of and Go Daddy's obligations in
connection with providing the Assisted Server Plan
(collectively, the "AS Services").
Subject to the terms and conditions of this Agreement
and each of Go Daddy's policies and procedures, Go Daddy
shall use commercially reasonable efforts to attempt to
provide the AS Services on a twenty-four (24) hours per
day, seven (7) days per week basis for the duration of
the AS Services purchased. You acknowledge and agree
that from time-to-time the AS Services may be
inaccessible or inoperable for any reason, including,
without limitation: (i) equipment malfunctions; (ii)
periodic maintenance procedures or repairs that Go Daddy
may undertake from time to time; or (iii) causes beyond
the reasonable control of Go Daddy or that are
reasonably unforeseeable by Go Daddy, including, without
limitation, interruption or failure of telecommunication
or digital transmission links, hostile network attacks,
network congestion or other failures.
You acknowledge and agree Go Daddy has no control over
the availability of the AS Services on a continuous or
uninterrupted basis.
Go Daddy's Rights
Go Daddy explicitly reserves the right and sole
discretion to:
1. modify its pricing, if desired by Go Daddy or
Lanitech Web Design;
2. establish limits and guidelines concerning the use of
the AS Services;
3. terminate Your use of the AS Services for use of the
AS Services to unnecessarily or illegally harass Go
Daddy or third parties, non-payment of fees for the AS
Services, activities designed to defame, embarrass,
harm, abuse, threaten, slander or harass third parties,
activities prohibited by the laws of the United States
and/or foreign territories in which You conduct
business, activities designed to encourage unlawful
behavior by others, such as hate crimes, terrorism and
child pornography, activities that are tortious, vulgar,
obscene, invasive of the privacy of a third party,
racially, ethnically, or otherwise objectionable in the
sole opinion of Go Daddy, activities designed to
impersonate the identity of a third party, activities
designed to harm minors in any way, and other activities
whether lawful or unlawful that Go Daddy determines, in
its sole discretion, to be harmful to its other
customers, operations, or reputation;
4. terminate Your use of the AS Services if Your use of
the AS Services results in, or is the subject of, legal
action or threatened or proposed legal action, against
Go Daddy or any of its affiliates or partners, without
consideration for whether such legal action or
threatened or proposed legal action is eventually
determined to be with or without merit; and
5. terminate Your use of the AS Services at any time and
for any reason if deemed reasonably necessary by Go
Daddy.
Go Daddy has no obligation to monitor Your use of the AS
Services, but reserves the right in its sole discretion
to do so.
Charges for Custom AS Services
When Go Daddy determines requested assistance falls out
of the scope of the basic AS plan,charges shall apply
for Your use in the form of Custom Support Services
(hereinafter referred to as "CSS"), and Go Daddy shall
charge You for Your use of the CSS on a thirty (30)
minute incremental basis. Furthermore, when Go Daddy
determines a fee will be assessed for Your use of the
CSS, Go Daddy reserves the right to charge any or all of
the fees prior to the commencement of any work being
performed.
Third-Party Software
Additionally, in the event You elect to install or seek
assistance from Go Daddy in connection with the
installation of any third-party software, the following
terms shall apply. You represent and warrant You have
the right to use and install the third-party software,
and have paid the applicable licensing fees for the
third party software, and the third-party software does
not and shall not infringe on the intellectual property
rights of any other person or entity. You agree to
defend, indemnify and hold harmless Go Daddy and its
employees, officers and directors for, from and against
any and all claims brought against Go Daddy and its
employees, officers and directors by a third-party
alleging the software infringes: (i) the third-party's
rights; or (ii) a U.S. patent, trademark, copyright or
other intellectual property right. You agree that in
such an event You shall pay all resulting costs,
damages, expenses and reasonable attorneys' fees that a
court awards and settlements incurred by Go Daddy in
connection with any such claims.
If You purchase MS SQL or Managed Backups, You hereby
authorize Go Daddy to log into Your server for purposes
of installing and configuring the software.
Revised: 8/17/2009
Copyright © 2001-2009 GoDaddy.com, Inc. All Rights
Reserved.
Billing
Polices
Billing CYCLE
Billing is conducted twice per month. Our billing is
done by email in the form for an electronic invoice.
We accept personal & business checks, money orders,
cashier's checks, cash, VISA, MasterCard, American
Express and Discover.
QUESTIONS ABOUT YOUR INVOICE
If you have questions about the invoice you may contact
Lanitech via email at accounting @ lanitechwebdesign.com.
YOUR FINAL WEB DEVELOPMENT INVOICE
When a website is complete it will be invoiced for the
remaining balance within 3-5 business days.
PAYMENT DUE DATE
Payment for all services are due with 15 days of the
date of final invoice. If final payment is not received,
the website may be be subject to downtime and refusal of
future and further service.
LATE PAYMENTS
Payments which are not receive within 30 days of the
date of the invoice are subject to a $45 late fee per
month. Late fees are due immediately.
INSTALLMENTS
Unfortunately due to the nature of this business, we do
not allow installments.
FORMS OF PAYMENT ACCEPTED
We accept personal & business checks, money orders,
cashier's checks, cash, VISA, MasterCard, American
Express and Discover.
W-9 SERVICE
A Lanitech W-9 form is available upon request via fax or
email.
Each client is required to pay annual fees for domain
name registration hosting as it comes due.
Payments that are more than 30 days past due may be
subject to website down time.
DELINQUENT ACCOUNTS
Accounts that are more than 30 days past due will be
subject to late fees and no additional work will be
performed until the invoice is settled. Lanitech also
may require payment upfront for future work.
Accounts that are more than 60 days past due will be
considered delinquent, subject to late fees, and further
collection action maybe required. No additional work
will be performed until the invoice is settled. Lanitech
will require payment upfront for future work.
Accounts that are more than 90 days past due will be
submitted to our collection agency where late fees and
additional fees will apply. Lanitech is not required to
perform any new services for client's who are more than
90 past due on an invoice. A Better Business Bureau
report may be filed.
We reserve the right to refuse services to any
individual, business, company, or corporation. We
reserve the right to pull services on a per incident
basis.
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